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Home My WebLink AboutRES NO 107-93RESOLUTION NO.'~ 0 7 - 9 3 A RESOLUTION MAKING FINDINGS THAT NO WRITFEN PROTEST HAS BEEN FILED AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 1134, ANNEXATION NO. 373, COFFEE ROAD NO. 1, ANNEXED TO THE CITY OF BAKERSFIELD AND INCLUDED IN THE GREATER BAKERSFIELD SEPARATION OF GRADE DISTRICT (WARD 4). WHEREAS, Resolution of Application No. 25-93, dated February 17, 1993, was submitted to the Local Agency Formation Commission of Kern County ("Commission") for the annexation of territory to the City of Bakersfield designated as Proceeding No. 1134, Annexation No. 373 (Coffee Road No. 1), the exterior boundaries of which are described in Exhibit "A" and shown on the map marked Exhibit "B" attached hereto and incorporated as though fully set forth herein; and WHEREAS, a duly noticed public hearing upon said proposal was held before the Commission on May 25, 1993; and WHEREAS, following said public hearing the Commission, on May 25, 1993, adopted its Resolution Making Determination, being Resolution No. 93-9, recorded in Minute Book 40 of said Commission; and WHEREAS, on May 12, 1993, the City Clerk of the City of Bakersfield set WEDNESDAY, JUNE 23, 1993, at the hour of 7:00 P.M. (or as soon thereafter as the matter may be heard) in the Council Chambers of the City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time, date and place of hearing on the proposed annexation and the owners of land within the said territory were duly informed of their right to file written protests against the annexation with the City Clerk at any time prior to the conclusion of the hearing on the proposed annexation; and WHEREAS, said territory lies outside the Greater Bakersfield Separation of Grade District; and WHEREAS, Section 8290 of the Streets and Highway Code of the State of California provides that the unincorporated territory of a county which was not included within a separation of grade district at the time of formation of such district, and which subsequent to formation of such district is annexed to or otherwise included within a city which is a part of such district, shall immediately upon such annexation to such city be included within the district and shall thereafter become a part of the district to the same extent as such city; except such portion or portions thereof which the City Council has determined will not be benefitted by inclusion in the district; and WHEREAS, on May 12, 1993, the Council of the City of Bakersfield adopted its Resolution No. 52-93 specifying that unless excluded by the City Council, all portions of proposed Coffee Road No. I Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District, and setting WEDNESDAY, JUNE 23, 1993, at the hour of 7:00 P.M. (or soon thereafter as the matter could be heard) in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time, date and place to hear any objections to proposed annexation and inclusion within said district and said notice was published as required by law; and WHEREAS, the public hearing was duly and regularly conducted by and before the City Council at its meeting of June 23, 1993, in all respects in accordance with Resolution No. 52-93. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. In accordance with Sections 57075 and 57078 of the Government Code, it is hereby found that written protests, if any, filed and not withdrawn prior to the conclusion of the hearing represent landowners owning less than 50 percent of the assessed value of the land within the territory to be annexed. 2. That the said territory designated as Proceeding No. 1134, Annexation No. 373 (Coffee Road No. 1), and described herein, and every part thereof, is hereby ordered annexed to the City of Bakersfield. 3. That the Clerk shall forthwith transmit a certified copy of this resolution ordering a change of organization, along with any required remittance to cover the fees required by Section 54902.5 of the Government Code, to the Executive Officer of the Local Agency Formation Commission of Kern County. 4. That the Executive Officer of the Commission is hereby requested to prepare and execute a certificate of completion and make the filings required by Part 4, Chapter 8 of the Cortese-Knox Local Government Organization Act of 1985 and record a certified copy of the certification of completion with the recorder of Kern County, with the surveyor of Kern County and with the Clerk of the City of Bakersfield. 5. In accordance with Section 8294 of the Streets and Highways Code, the City Council has heard all relevant and pertinent objections, if any, to inclusion within the Greater Bakersfield Separation of Grade District of any portion or portions of the territory described as Coffee Road No. I Annexation, as described in Exhibit "A" and shown on the map marked Exhibit "B", attached hereto and incorporated as though fully set forth. 6. In accordance with Section 8295 of the Streets and Highways Code, at its discretion, the City Council determined that all portions of the territory should be included in the Greater Bakersfield Separation of Grade District, as all such territory is benefitted by such inclusion. 7. In accordance with Section 8296 of the Streets and Highways Code, the Clerk shall notify the Secretaxy of the District and shall furnish such Secretary with a certified copy of this resolution. 8. That the Clerk shall forthwith transmit a certified copy of this resolution to James R. Parker, Jr., c/o Greater Bakersfield Separation of Grade District, P.O. Box 2205, Bakersfield, CA 93303. .......... 000 .......... I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held JUN 2 $ 1993 by the following vote: 4Y~S: COUNCILMEiV~ER$: F~, DeMOND, SMITH, BRUNNLJ<ANE, McDERMOTT SALVAGGIO NOI~S: COUNCILMEMSER$ ~ ABSENT COUNCILME MBERS: A~TAIN COUNCILMEMBERS.' ~,~._ CITY CLERK and Ex Officlo Clerk of the Council of the City of Bakersfield APPROVED JUN 2 $ 1593 MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY of the City of Bakersfield MO:pjt res~rsgd.crl May 28, 1993 4 EXHIBIT "A" COFFEE ROAD NO. 1 ANNEXATION NO. 373 A parcel of land being a portion of the Southwest 1/4 of Section 21, Township 29 South, Range 27 East, M.D.M., County of Kern, State of California, more particularly described as follows: Commencing at a point on the west line of said Section 21 more specifically being the northwest corner of Lot 24 (of said Section 21) as designated by SALES MAP OF LANDS OF KERN COUNTY LAND COMPANY" filed July 15, 1891 in the office of the Kern County Recorder; THENCE South 89'36'56" a distance of 30.00 corporate boundary of OF BEGINNING; east, along the north line of said Lot 24, feet to an angle point on the existing the City of Bakersfield, and the TRUE POINT THENCE (1) Departing from said corporate boundary, South 00'02'00" East, along the east line of the road reservation for Coffee Road (per said "SALES MAP OF LANDS OF K.C.L. CO.") a distance of 537.89 (±) feet to a point on the easterly right of way line of the land granted to the UNITED STATES OF AMERICA for the Friant Kern Canal as described in "DECREE ON DECLARATION OF TAKING recorded in Book 1710, Page 8 of Official Records in the office of the Kern County Recorder; THENCE continuing on and along said easterly canal right of way line for the following eleven (11) courses: THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE (2 (3 (4 (5 (6 (7 (8 (9 (10) (11) South 50'50'00" East, North 89'37'00" West, South 49'53'00 East, South 40'00'00" East South 30'28'00" East South 02'41'00" West South 85'00'00" East South 00'02'00" East South 12'04'00" South 06'05'00" West West 1 187.80 feet; 99.10 feet; 69.90 feet; 87.90 feet; 144.60 feet; 82.30 feet; 51.60 feet; 301.00 feet; 142.10 feet; 100.50 feet; THENCE (12) South 00'22'00" West, 1032.13 feet to a point on the north right of way line of Rosedale Highway (State Route VI-KER- 58), said point also being on the existing corporate boundary of the City of Bakersfield; THENCE (13) Westerly, Northerly and Easterly along said existing corporate boundary to the TRUE POINT OF BEGINNING. Containing 12.06 Acres (more or less) O: ANNEX. 373 2 ·~ [,- .............,x-777%f"""" ['-.:,:.::t . . t-.~' ~ .....'~ ":"'"":'"? 1 ' "? '~ -- ' -" '~--~-i ANNEXATION OF COFFEE ROAD NO. I zoo o zoo ,~oo 60o EXHIBIT "B" J l!