The URL can be used to link to this page

Home My WebLink AboutRES NO 159-92RESOLUTION NO. ~59-92 A RESOLUTION MAKING FINDINGS THAT SUFFICIENT MAJORITY WRITTEN PROTEST HAS NOT BEEN FILED AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 1112, ANNEXATION NO. 368, PANAMA NO. 11, ANNEXED TO THE CITY OF BAKERSFIELD AND INCLUDED IN THE GREATER BAKERSFIELD SEPARATION OF GRADE DISTRICT ($VARD 7). WHEREAS, Resolution of Application No. 39-92, dated March 11, 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. 1112, Annexation No. 368 (Panama No. 11), 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 July 14, 1992; and WHEREAS, following said public hearing the Commission, on July 14, 1992, adopted its Resolution Making Determination, being Resolution No. 92-27, recorded in Minute Book 39 of said Commission; and WHEREAS, on July 16, 1992, the City Clerk of the City of Bakersfield set WEDNESDAY, AUGUST 26, 1992, 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 tune, 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 ORIGINAL WHEREAS, on July 15, 1992, the Council of the City of Bakersfield adopted its Resolution No. 127-92 specifying that unless excluded by the City Council, all portions of proposed Panama #11 Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District, and setting WEDNESDAY, AUGUST 26, 1992, at the hour of 7:00 P.M. (or soon thereafier 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 August 26, 1992, in all respects in accordance with Resolution No. 127-92. 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. 2. That the said territory designated as Proceeding No. 1112, Annexation No. 368 (Panama No. 11 Annexation), 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 Panama No. 11 Annexation, as described in Exhibit "A" and shown on the map marked Exhibit "B", attached hereto and incorporated as though fully set forth. 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. 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. 3 ORI(]INAL 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 AU8 2 6 1992 by the following vote: AYES. COUNCILMEMBERS: EI~ARO$, DoMOND, ~;4. BRUNN1. PEARSON. McDERMOTT, SALVAGGtO NOES; COUNCILMEMBERS: No~ ABSENT C OUNCt LME M BE RS:~3 ~'~'r14~ ABSTAIN: COUNCILMEMBERS' ['40V~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED AU8 2 6 1992 CLARENCE MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: M. LUNARDINq~ CITY ATTORNEY of the City of Bakersfield pit res\sgdp 11 4 ORIGINAL EXHIBIT "A" PANAMA NO. 11 ANNEXATION NO. 368 A Parcel of land consisting of portions of Sections 19, 20, 29 and 30 in Township 30 South, Range 28 East, M.D.M., County of Kern, State of California, more particularly described as follows: Beginning at the point of intersection of the north line of the south 30 feet of said Section 19, and the west right of way line of South Union Avenue (Co. Rd. No. 97 & 2380), said point being on the existing corporate boundary of the City of Bakersfield; THENCE (1) South 89°31'01" east, along said north line, 57.75 feet to a point on the west line of said Section 20 (So. Union Avenue center line); THENCE (2) South 89°31'28" east along the north right of way line of Panama Lane (Co. Rd. No. 266) and westerly prolongation thereof, 1978.57 feet (+/-) to the northerly prolongation of the east line of west 1/2 of the northeast 1/4 of the northwest 1/4 of said Section 29; THENCE (3) South 00°32'26" west, along said east line and prolongation thereof, 1351.79 feet (+/-) to a point on the north right of way line of the Arvin-Edison Intake Canal; THENCE (4) North 89°31'45" west, along said north right of way line, 1703.84 feet (+/-) to a point on the east line of the west 275.55 feet of the northwest 1/4 of said Section 29; THENCE (5) North 00°35'18" east, along said east line, 900 feet to a point on the north line of the south 900 feet of the northwest 1/4 of the northwest 1/4 of said Section 29; THENCE (6) North 89°32'02" west, along said north line and westerly prolongation thereof, 333.30 feet to a point on the west right of way line of South Union Avenue (Co. Rd. No. 97); THENCE (7) South 00°35'18" west, along said west right of way line, 2221.93 feet to a point on the center line of Berkshire Road (Co. Rd. No. 354); THENCE (8) South 00°35'05" west, along a prolongation of said west right of way line, 30.00 feet to the south right of way line of Berkshire Road (Co. Rd. No. 354); THENCE (9) North 89°30'34" west, along said south right of way line, 602.25 feet to a point on the existing corporate boundary of the City of Bakersfield; THENCE (10) Northerly and along the various courses of said existing corporate boundary to the POINT OF BEGINNING. CONTAINING 131.07 ACRES (MORE OR LESS) ORIGINAL 4 2O Z9 (i) _ (4) (7) ~, 2. B E. (I) ARVIN * .~ql:~ iNTAKE ix,d, D, M, CANAL ANNEXATION NO, l~l RESOLUTION NO, ANNEXATION OF PANAMA No. 11 TO THE CITY OF BAKERSFIELD ISL O? ± ACRES SCALE: 4bO 0 400 BOO 1200 '""~*'*'~-'~" EXISTING CORPORATE BOUNDARY ~ PROPOSED ANNEXATION BOUNDARY EXHIBIT "B"