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HomeMy WebLinkAboutRES NO 53-92RESOLUTION NO. 53-92 A RESOLUTION MAKING FINDINGS THAT NO WRITTEN PROTEST HAS BEEN FILED AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 1092, ANNEXATION NO. 357, REINA NO. 1, ANNEXED TO THE CITY OF BAKERSFIELD AND INCLUDED IN THE GREATER BAKERSFIELD SEPARATION OF GRADE DISTRICT. WHEREAS, Resolution of Application No. 185-91, dated September 11, 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. 1092, Annexation No. 357 (Reina No. 1), 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 March 10, 1992; and WHEREAS, following said public hearing the Commission, on March 10, 1992, adopted its Resolution Making Determination, being Resolution No. 92-8, recorded in Minute Book 39 of said Commission; and WHEREAS, on March 23, 1992, the City Clerk of the City of Bakersfield set WEDNESDAY, APRIL 8, 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 ORIGINAL WHEREAS, on February 12, 1992, the Council of the City of Bakersfield adopted its Resolution No. 24-92 specifying that unless excluded by the City Council, all portions of proposed Reina No. 1 Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District, and setting WEDNESDAY, APRIL 8, 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 April 8, 1992, in all respects in accordance with Resolution No. 24-92. 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 territoW to be annexed. 2. That the said territory designated as Proceeding No. 1092, Annexation No. 357 (Reina No. 1 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 territoW described as Reina No. 1 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. .......... 000 .......... 3 ORIGINAL 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 APR .~ 8 1992 by the following vote: AYES; COUNCILMEMBERS: EDWARd% DeMOND, SMITH, 8RUNNI, PETERSON. McDERMO~3', SALVASGIO NOES; COUNCILMEMBERS ./?~ 'A/~ MSENT COU~JLMEMBERS: N[~' ~TA~N: COUNCILMEMBEr' ~d~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED APR - 8 1992 CLARENCE MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: ?LAWR'EhICE'M. LUI~RDINt" CITY ATTORNEY of the City of Bakersfield pjt Attachments: p:rsgdl.rl Exhibit "A" Exhibit "B" EXHIBIT REINA NO. 1 AS~qEXATIC~ NO. 357 A parcel of land situated in Section 12 and 13, Township 20 South, Range 26 East, M.D.B. & M., County of ~ern, State of California, more particularly described as follows: Cc~a~encing at the northeast corner of said Section 13, also being the intersec- tion of the centerline of Reina Rmad (Co. Rd. No. 715) with the centerline of Jewetta Avenue (Co. Rd. No. 715); · ilu~NCE Westerly a distance of 30 feet to a point on the West right-of-way line of Jewetta Avenue, also being the existing corporate boundary of the City of Bakersfield; THENCE Southerly along the west right-of-way of Jewetta Avenue a distance of 1319.38 feet to the South line of lot 1 as lots are shown on "Sales Map of lands of the Kern County Land Company" filed November 24, 1891 in the office of the Kern County Recorder, also being the TRUE POINT OF BEGINNING; TH~qCE (1) deDarting frc~n the said corporate boundary Westerly along the south liD~s of lots 1, 2, 3, and 4 of said sales maD a distance of 2611.96 feet to the southwest corner of said parcel 4; '£~CE (2) Northerly along the west line of said parcel and the prolongation thereof a distance of 1318 feet to a point of the centerline of Reina Road, also being the south line of said Section 12; TH~qCE (3) continuing Northerly along said northerly prolongation line a dis- rance of 30 feet to the north right-of-way line of R~ina Road; THENCE (4) Easterly along the north right-of-way line of Reina Road a distance of 2612.61 feet to a point on the West right-of-way line of Jewetta Avenue, also being the existing corporate boundary of the City of Bakersfield; TH~qCE (5) Southerly along the corporate boundary to the point of beginning. Containing 78.18 Acres (more or less) D35:REINA. 1 ORIGINAL RTY:wrn: lh III P .SEC, 18 -F, 29 S. R,27 E, ANNEXATION NO, ;~'[ REsoLUTION NO ANNEXATION OF REINA No. 1 TO THE CITY OF RAKERSFIELD _ 7A J8 ~ ACRES SCALE: 4~o--'-o 400 ~oo ,~o '~'" EXISTING CORPORATE ~ / p ROP(PJ[ D ANNEXATION IOlJN~MIY EXHIBIT "B"