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Home My WebLink AboutRES NO 34-93 RESOLUTION NO... ~ ~ ~ l} j] A RESOLUTION MAKING FINDINGS THAT SUFFICIENT MAJORITY WRITFEN PROTEST HAS NOT BEEN FILED AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 1127, ANNEXATION NO. 370, STINE NO. 9 ANNEXATION, ANNEXED TO THE CITY OF BAKERSFIELD AND INCLUDED IN THE GREATER BAKERSFIELD SEPARATION OF GRADE DISTRICT (WARD 6). WHEREAS, Resolution of Application No. 201-92, dated October 21, 1992, 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. 1127, Annexation No. 370 (Stine No. 9), 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 February 23, 1993; and WHEREAS, following said public hearing the Commission, on February 23, 1993, adopted its Resolution Making Determination, being Resolution No. 93-5, recorded in Minute Book 40 of said Commission; aud WHEREAS, on March 10, 1993, the City Clerk of the City of Bakersfield set WEDNESDAY, MARCH 24, 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 when contiguous thereto, 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 February 17, 1993, the Council of the City of Bakersfield adopted its Resolution No. 26-93 specifying that unless excluded by the City Council, all portions of proposed Stine No. 9 Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District, when contiguous thereto, and setting WEDNESDAY, MARCH 24, 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 March 24, 1993, in all respects in accordance with Resolution No. 26~93. 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. (Uninhabited) 2. That the said territory designated as Proceeding No. 1127, Annexation No. 370 (Stine No. 9), 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 Stine No. 9 Annexation, as described in Exhibit "A" and shown on the map marked Exhibit "B", attached hereto and incorporated as though fully set forth. 2 ORIGINAL 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. All portions of said unincorporated territory shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District, at the time said territory becomes contiguous to said district. 8. In accordance with Section 8296 of the Streets and Highways Code, the Clerk shall notify the Secretary of the District and shall furnish such Secretary with a certified copy of this resolution. 9. 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. 3 ORIGINAL 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 hlAR ~ 4 E~ by the following vote: CITYCL R~Kand~~ ~clo Clerk of the Council of the City of Bakersfield APPROVED_ BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: ENCE ~g'l. EUNARD!.~NI TTO!~NEY of the C~ty of Bakersfield pit res\rsgd 1.s9 ORIGINAL EXI:!IB1T "A" STINE NO. 9 ANNEXATION NO. 370 A Parcel of land consisting of portions of Sections 34 and 35 of Township 30 South, Range 27 East, M.D.M., Coun .ty of Kern, State of California, more particularly described as follows: Beginning at the point of intersection of the east right of way line of Stine Road (Co. Rd. No. 157) and the south line of Lot 8 of said Section 35 as lots are designated on "Sales Map No. I of Lands of J. B. HAGGIN" filed May 3, 1889 in the office of the Kern County Recorder, said point also being on the existing corporate boundary. of the City of Bakersfield: THENCE (1) North 89 eg. 05 ~0 West, along the westerly prolongation of the south line of said Lot 8, a distance of 30.00 feet to a point on the east line of said Section 34: I'HIfNCE (2) North 89 deg. 02'06" West, along the south line of the north 1/2 of the northeast 1/4 of said Section 34, a distance of 30.00 feet to a point on the west right of way line of Stine Road; THENCE (3) South 00 deg. 34'34" West, along said west right of way line, 1317.83 feet to a point on the south line of the northeast 1/4 of said Section 34; THENCE (4) North 89 deg. 02'38' West, along said south line, 2645.75 feet to the southwest corner of said 1/4 Section: THENCE (5) North 00 deg. 29'56" East along the west line of said 1/4 Section, 2636.61 feet to the northwest corner thereof, said point also being on the existing corporate boundary of the City of Bakersfield: THENCE (6) Easteriy and Southerly along said existing corporate boundary line to the point of be~nning. CONTAINING 160.22 ACRES (more or less) ORIGINAL 28 217 LiNE SEC 34 (6) --~-- ; (6)' ~ TAFT 4 J 9 (3] (4) 314 ~" ROAD S. LINE, N.E. I/4, SEC. 34 ANNEXATION NO. 57Q RESOLUTION NO. ANNEXATION OF STINE No. 9 t TO THE CITY OF BAKERSFIELD ~ ACRES SCALE: 400 0 400 800 1200 EXHIBIT "B"