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Home My WebLink AboutRES NO 75-92RESOLUTION NO. 75-92 A RESOLUTION MAKING FINDINGS THAT NO WRITYEN PROTEST HAS BEEN FILED AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 1098, ANNEXATION NO. 361, BRIMHALL NO. 2, ANNEXED TO THE CITY OF BAKERSFIELD AND INCLUDED IN THE GREATER BAKERSFIELD SEPARATION OF GRADE DISTRICT WHEN CONTIGUOUS THERETO (WARD 4). WHEREAS, Resolution of Application No. 174-91, dated August 14, 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. 1098, Annexation No. 361 ( Brimhall No. 2), 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 April 14, 1992; and WHEREAS, following said public hearing the Commission, on April 14, 1992, adopted its Resolution Making Determination, being Resolution No. 92-10, recorded in Minute Book 39 of said Commission; and WHEREAS, on April 8, 1992, the City Clerk of the City of Bakersfield set WEDNESDAY, MAY 20, 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 upon such annexation to such city be included within the district when contiguous thereto 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 ORiG~,qAL WHEREAS, on April 8, 1992, the Council of the City of Bakersfield adopted its Resolution No. 62-92 specifying that unless excluded by the City Council, all portions of proposed Brimhall No. 2 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, MAY 20, 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 Trnxtun 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 May 20, 1992, in all respects in accordance with Resolution No. 62-92. 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. 1098, Annexation No. 361 (Brimhall No. 2), 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 Brimhall No. 2 Annexation, as described in Exhibit "A" and shown on the map marked Exhibit "B", attached hereto and incorporated as though fully set forth. 2 ORiG;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. 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 OR;G;NAL 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 Y~y 20. 1 qq? by the following vote: AY, ES; COUNCILMEMBERS: EDWARO~. OeldOND. sMFrH. BRUNNI. RE~. McDERMOTT. SALVAGGIO N~E~; COUNCILMEMBERS: ~l~.t A~$ENT C 0 U N Ct L ME I~ RS: '~11~ ~r-.--.--.--.--.--.~ ABgTAIN: C 0 U NCI LME M BE RS' ~',~ 0~' CITY ELERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED t4ay 20, 1992 MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY of the City of Bakersfield pit Attachments: p:rsgdl.b2 Exhibits "A" & "B" 4 ,'"o ORIGINAL EXHIBIT "A" BRIMHALL NO. 2 ANNEXATION NO. 361 A parcel of land being a portion of the Northwest 1/4 of the Southwest 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: Co~encing at a point on the West line of said Section 30 distant S. 00a 48' 21" W, 659.95 feet from the West 1/4 corner thereof, said point being on the North line of the Southwest 1/4, Northwest 1/4, Southwest 1/4 of said Section 30; THENCE S. 89° 09' 53" E. along said North line, 30.00 feet to a point on the East line of Jewetta Avenue (County Road No. 589) also being a point on the existing corporate boundary of the City of Bakersfield and the. POINT OF BEGINNING; THENCE (1) Continuing S. 89° 09' 53" E., along said North line, 634.02 feet to a point on the West line of the East 1/2, Northwest 1/4, Southwest 1/4 of said Section 30; THENCE (2) N. 00° 49' 10" E., along said West .line 660.14 feet to a point on the North line of the Northwest 1/4, Southwest 1/4 of said section; THENCE (3) S. 89° 10' 52" E., along said North line 648.32 feet to Northeast corner, Northwest 1/4, Southwest 1/4 of said Section 30, said point also being the Northwest corner of Tract No. 3517 per map filed in Book 23 of maps, Page 170 in the Office of the Kern County Recorder; THENCE (4) S. 00° 52' 03" W., along the East line of the Northwest 1/4, South- west 1/4 of said Section 30 a distance of 1320.66 feet to the Southeast corner thereof; THENCE (5) N. 89° 08' 54" W., along the South line of the Northwest 1/4, South- west 1/4 of said Section 30 a distance of 1281.07 feet to a point on the existing corporate boundary of the City of Bakersfield; THENCE (6) North along said corporate boundary line to the point of beginning. Containing 29.24 Acres (more or less) OR;G~NAL 35:EX.BRMHLL RTY:lh:wrn (3) ANN~XATIO# NO. :~61 RESOLUTION ANNEXATION OF BRIMHALL No. ~) TO THE CITY OF BAKERSFIELD SCALE: 2~ o ~ 4~ EXHIBIT "B" ,/ (~S. LiN~ SEC. ~0 ROAD 50 R. 27 E. M. ® SALEs MAP OF LANDs OF' ~.ENN COUNTY SEC. 51 ORiGiNAL