HomeMy WebLinkAboutRES NO 012-93RESOLUTION N~.~ ~ - ~ ~
A RESOLUTION MAKING FINDINGS THAT NO
WRITTEN PROTEST HAS BEEN FILED AND ORDERING
THE TERRITORY DESIGNATED AS PROCEEDING NO.
1119, ANNEXATION NO. 369, HOSKING NO. 4, ANNEXED
TO THE ClTY OF BAKERSFIELD AND INCLUDED IN
THE GREATER BAKERSFIELD SEPARATION OF GRADE
DISTRICT UPON CONTIGUOUS THERETO (WARD 7).
WHEREAS, Resolution of Application No. 118-92, dated July 1, 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.
1119, Annexation No. 369 (Hosking No. 4), 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 December 8, 1992; and
WHEREAS, following said public hearing the Commission, on December
8, 1992, adopted its Resolution Making Determination, being Resolution No. 92-38,
recorded in Minute Book 39 of said Commission; and
WHEREAS, on December 9, 1992, the City Clerk of the City of Bakersfield
set WEDNESDAY, JANUARY 20, 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 upon such annexation to such city be included
within the district when contiguous to 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
ORIGINAL
WHEREAS, on December 9, 1992, the Council of the City of Bakersfield
adopted its Resolution No. 221-92 specifying that unless excluded by the City Council, all
portions of proposed Hosking No. 4 Annexation shall, upon annexation to the City of
Bakersfield, be included within the Greater Bakersfield Separation of Grade District,
and setting WEDNESDAY, JANUARY 20, 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 January 20, 1993, in all respects in accordance
with Resolution No. 221-92.
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. 1119, Annexation
No. 369 (Hosking No. 4), 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 Hosking No. 4 Annexation, as described in Exhibit "A" and shown
on the map marked Exhibit "B", attached hereto and incorporated as though fully set
forth.
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OR1G;NAL
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 Secretary 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.
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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
~ ~ 0 1[~ by the following vote:
CITY CLERK and Ex Officiq~lerk of the
Council of the City of Bakersfield
APPROVED
MAYOR of the City of Bakersfield
APPROVED as to form:
I~AWRENCE M. LUNARDINI
CITY ATFORNEY of the City of Bakersfield
pit
res\rsgd.h4
EXHIBIT "A"
HOSKING NO. 4
ANNEXATION NO. 369
A parcel of land being a portion Sections 30 and 31 of Township 30
south, Range 28 East, M.D.M., County of Kern, State of California,
being more particularly described as follows:
Beginning at the northeast corner of Lot 30 of said Section 30, as
lots are shown on map of "Berkshire Farm Tract" filed August 27,
1901 in the office of the Kern County Recorder, said point also
being on the existing corporate boundary of the City of
Bakersfield;
THENCE (1) Departing from said Corporate Boundary, South along the
east line of said Lot 30 and southerly Prolongation thereof, a
distance of 1350.96 feet to a point on the south right of way line
of Hosking Avenue (Co. Rd. No. 365);
THENCE (2) West along said south right of way line, a distance of
330.00 feet to a point on the southerly prolongation of the east
line of the west half of said Lot 30, said point also being ont he
existing corporate boundary of the City of Bakersfield;
THENCE (3) North and East along said corporate boundary to the
point of beginning.
Containing 10.23 Acres (more or less)
a:ANN. 369
TRACT
SECTION
MDM
ANNEXATION NO, ,a~ ~:~0L.UTION NO,
ANNEXATION OF
HOSKING No. 4
t TO THE Cl~ ~ B~R~ELD
N ,~ ......~C~ B~
EXHI B IT "B"
P.O.B.
(3] ?, 1)
(2)
NO. 34Ol
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