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Home My WebLink AboutRES NO 115-92RESOLUTION NO. 115-92 A RESOLUTION MAKING FINDINGS THAT NO WRITTEN PROTEST HAS BEEN FILED AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 1106, ANNEXATION NO. 365, CALLOWAY #4, ANNEXED TO THE CITY OF BAKERSFIELD AND INCLUDED IN THE GREATER BAKERSFIELD SEPARATION OF GRADE DISTRICT (WARD 6). WHEREAS, Resolution of Application No. 243-91, dated December 18, 1991, 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. 1106, Annexation No. 365 (Calloway No. 4); and WHEREAS, a duly noticed public hearing upon said proposal was held before the Commission on May 26, 1992; and WHEREAS, following said public hearing the Commission, on May 26, 1992, adopted its Resolution Making Determination, being Resolution No. 92-22, recorded in Minute Book 39 of said Commission with the following condition: "The City has requested modification of their original application, the City's request is that Assessor's Parcel (AP) 450-052-24 and the adjacent portion of Rosedale Highway be removed."; and WHEREAS, on June 10, 1992, the City Clerk of the City of Bakersfield set WEDNESDAY, JULY 1, 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 May 20, 1992, the Council of the City of Bakersfield adopted its Resolution No. 83-92 specifying that unless excluded by the City Council, all portions of proposed Calloway No. 4 Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District, and setting WEDNESDAY, JULY 1, 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 1, 1992, in all respects in accordance with Resolution No. 83-92. 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. 1106, Annexation No. 365 (Calloway No. 4), the exterior boundaries of which reflects the LAFCO condition are described in Exhibit "A" and shown on the map marked Exhibit "B" attached hereto and incorporated as though fully set forth 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 Calloway 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. OR;G~,/AL 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 OR;G=~L 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 on .~Ut 0 1 tgg2 , by the following vote: AYES. COUNCfLM(MBERS: E.I~WARDS. DeMOND,'~M~-T'N, BRUNNI. I~TERSON. McDERMOTI'. SALVAGGtO NOES; COUNCILMEMBERS: ABSENT COUNCILMEMBERS ABSTAIN: C OUNCILMEM(~ERS. Ig4ovYe.· CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUL 0 1 1992. CLARENCE ~. MEDDE~S MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI (,,/ ~ CITY ATTORNEY of the City of Bakersfield OR;G=~AL EXHIBIT "A" CALLOWAY NO. 4 ANNEXATION NO. 365 A parcel of land being a portion of the southeast 1/4 of Section 19 and the northeast 1/4 of Section 30, Township 29 South Range 27 East, M.D.M., County of Kern, State of California, more particularly described as follows: Commencing at the Southeast corner of said Section 19; THENCE West, along the south line of said Section 19, North 89'49'10" West, a distance of 30.00 feet to a point on the west right-of-way line of Calloway Drive (County Road No. 522), said point also being on the existing corporate boundary of the City of Bakersfield; THENCE South 00'16'26" East, along said west right-of-way line, a distance of 40.00 feet to a point on the south right-of-way of Rosedale Highway {State Route VI-KER-58), said point also being the TRUE POINT OF BEGINNING; THENCE (1) Departing from corporate boundary, North 89'49'10" West, along said south right-of-way of Rosedale Highway, a distance of 641.80 feet to a point on the southerly prolongation of the west line of Lot 32 of "Sales Map of Lands of J.B. Haggin" filed August 20, 1890 in the office of the Kern County Recorder; THENCE (2) North 00'02'37" West, along said west line and prolongation thereof, a distance of 335.00 feet; THENCE (3) North 89'49'10" West a distance of 167.94 feet to a point on the west line of the Jast 1/2 of the east 1/2 of Lot 31 of said "Sales Map of Lands of J. B. HAGGIN" THENCE (4) North 00'01'50" West, along said west line a distance of 1038.37 feet to the north line of said Lot 31; THENCE (5) South 89'59'38" East, along the north line of said Lot 31 and Lot 32 a distance of 808.5 feet to a point on the west right-of-way of Calloway Drive (County Road No. 522), said point also being on the corporate boundary of the City of Bakersfield; THENCE (6) Southerly, along said corporate boundary to the point of beginning. Containing 24.19 Acres (more or less) a:A-365 RTY:wrn NORTH LINE OF LOTS ANNEXATION N(~ ~IB 1~.30LUTION N(~ __ ANNEXATION CALLOWAY N°o~ 4 TO TH~ CITY OF llAKER~LD ~ ACRES EXHIBIT "B" OR;G/NAL