HomeMy WebLinkAboutRES NO 135-92RESOLUTION NO. ~L35-92
A RESOLUTION MAKING FINDINGS THAT SUFFICIENT
MAJORITY WRITTEN PROTEST HAS NOT BEEN FILED
AND ORDERING THE TERRITORY DESIGNATED AS
PROCEEDING NO. 1110, ANNEXATION NO. 367,
PANAMA NO. 10, ANNEXED TO THE CITY OF
BAKERSFIELD AND INCLUDED IN THE GREATER
BAKERSFIELD SEPARATION OF GRADE DISTRICT
(WARD 7).
WHEREAS, Resolution of Application No. 19-92, dated January 29, 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. 1110, Annexation No. 367 (Panama No. 10), 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 June 9, 1992; and
WHEREAS, following said public hearing the Commission, on June 9,
1992, adopted its Resolution Making Determination, being Resolution No. 92-23,
recorded in Minute Book 39 of said Commission; and
WHEREAS, on June 11, 1992, the City Clerk of the City of Bakersfield set
WEDNESDAY, JULY 15, 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 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 June 24, 1992, the Council of the City of Bakersfield
adopted its Resolution No. 92-92 specifying that unless excluded by the City Council, all
portions of proposed Panama No. 10 Annexation shall, upon annexation to the City of
Bakersfield, be included within the Greater Bakersfield Separation of Grade District,
and setting WEDNESDAY, JULY 15, 1992, 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 July 15, 1992, in all respects in accordance with
Resolution No. 92-92.
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 less than 25 percent of the registered voters or less
than 25 percent of the number of owners of land owning less than 25 percent of the
assessed value of the land within the territory to be annexed.
2. That the said territory designated as Proceeding No. 1110, Annexation
No. 367 (Panama No. 10), 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. 10 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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OA;G',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
July 15, 1992 by the following vote:
AVES: COUNCILMEMBEI~: I~I~A~,,,DeMOND, SMITH, BRUNN[ PETERSON, I~IcDERM017, SALVAGGIO
NOES: COUNCILMEMBERS:
AS$[:N r COUNCILMEMSERS
~SSTAtN: C 0 UNCILMi[ MS£R$' ~J Ov1 ~.,~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED J_._~j~ 15, 1992
CL.~RENCE MEDD~RS
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
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OR~G,N,%
EXHIBIT 'A'
PANAMA NO. 10
ANNEXATION NO. 367
A parcel of land being a portion of the Northeast Quarter of
Section 30, Township 30 South, Range 28 East, M.D. M., County of
Kern, State of California, more particularly described as follows:
Commencing at a point on the North line of the Northeast quarter of
said Section 30, distant South 89' 55' 05" West, 1318.88 feet from
the Northeast corner thereof, said point being the Northeast corner
of Tract No. 1348 per map filed in Map Book 5, Page 188 in the
Office of the Kern County Recorder;
THENCE South 00° 01' 55" West, along the East boundary line of said
Tract No. 1348, a distance of 30.00 feet to a point on the South
Right of Way line of Panama Lane (County Road No. 782), said point
also being on the existing corporate boundary of the City of
Bakesfield and is the TRUE POINT OF BEGINNING;
THENCE (1) Departing from said corporate boundary, South 00' 01'
55" West, along the East line of said Tract No. 1348, a distance of
1292.78 feet to the Southeast corner thereof, said corner also
being a point on the North Right of Way line of the ARVIN-EDISON
INTAKE CANAL;
THENCE (2) Continuing South 00' 01' 55" West, along the East line
of Lot 14 of "BERKSHIRE FARM TRACT" per map filed in Map Book 1,
Page 38 in the Office of the Kern County Recorder, a distance of
165.00 feet to a point on the South line of said canal Right of
Way, said point also being on the existing corporate boundary of
the City of Bakersfield;
THENCE (3) Westerly, Northerly and Easterly along said corporate
boundary line to the POINT OF BEGINNING.
Containing 21.06 Acres (more or less)
OR,G NAL
D5 EX.A4RTY RTY:lh
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BERKSHIRE
TRACT
ANNEXATION NO. '~? RK-¢JO~--I.ITION NO.
ANNEXATION OF
PANAMA No. 10
TO THE CITY OF BAKERSFIELD
__~£.062_ ACRES
0 20¢) 400 6OO
EXHIBIT "B"
($) .__. =_ ,'
ARVIN - EDISON (2) ~ ~D INTAKE CANAL
(3)
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