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HomeMy WebLinkAboutRES NO 23-00RESOLUTION NO. 2 3" 0 0 A RESOLUTION MAKING FINDINGS THAT NO WRITTEN PROTEST HAS BEEN FILED AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 1275, ANNEXATION NO. 405, ANNEXED TO THE CITY OF BAKERSFIELD. (WARD 4). WHEREAS, Resolution of Application No. 94-99, dated June 30, 1999, 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. 1275, Annexation No. 405, the exterior boundaries of which are described in Exhibit "A", and shown on the map marked Exhibit "B", attached hereto and incorporated herein by this reference; and WHEREAS, a duly noticed public hearing upon said proposal was held before the Commission on February 22, 2000; and WHEREAS, following said public hearing the Commission, on February 22, 2000, adopted its Resolution Making Determination, being Resolution No. 00-04, recorded in Minute Book 47 of said Commission said Resolution is attached hereto as Exhibit "C" and is incorporated herein say this resolution; and WHEREAS, the City Clerk of the City of Bakersfield set WEDNESDAY, MARCH '15, 2000, at the hour of 7:00 p.m. (or as soon thereafter as the matter may be heard) in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time, date and place that the City Council shall consider adoption of this Resolution ordering the annexation of territory designated as Annexation No. 405; and WHEREAS, said territory lies within the Greater Bakersfield Separation of Grade District; and WHEREAS, the laws and regulations relating to the preparation and adoption of Negative Declaration as set forth in accordance with CEQA has been duly followed; and WHEREAS, the reason for the annexation is that the property owner desires to receive city services. 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 no written pretests have been filed on the territory to be annexed. 2. That the said territory designated as Proceeding No. 1275, Annexation No. 405, as 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 Reorganization 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 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. ......... 000 ........ I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council,0~,h~e ~Ci~,n(~f Bakersfield at a regular meeting thereof held on , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MACGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER {~ I~ ~. COUNCILMEMBER COUNCILMEMBER t~0 ~. CITY CLERK and Ex Offici~'/~lerk of the Council of the City of Baker~ield APPROVED MAR 'L5 Z00O BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: BART J. THILTGEN City Attorney BY: CARL HERNANDEZ III Assistant City Attorney MO:pjt February 24, 2000 res\r402-cc PROPOSED ANNEXATION # 405 EXHIBIT "A" BEING LOTS 1 THIKOUGH 10 OF LOT LINE ADJUSTMENT NO. 3-93 AS PER CERTIFICATE OF COMPLIANCE RECORDED FEBRUARY 8, 1995 AS DOCUMENT NO. 0195015706 OF OFFICIAL RECORDS, ALSO LYING WITHIN PORTIONS OF SECTIONS 14, 15 AND 22, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.DM. IN THE COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF A CENTERLINE MONUMENT ON ROCKWELL DRIVE WITH THE EXISTING CITY OF BAKERSFIELD CORPORATE BOUNDARY, LYING ON THE SOUTH BOUNDARY LINE OF TRACT 5421, FILED IN BOOK 39 OF MAPS AT PAGE 66, ALSO BEING ON THE NORTH LINE OF LOT 11 OF THE SALES MAP OF THE KERN COUNTY LAND COMPANY IN SAID SECTION 15, DATED MARCH 30, 1892 AND FILED IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE (1) SOUTH 89005'45" EAST, 3808.04 FEET ALONG THE SOUTH BOUNDARY LINE OF THE FOLLOWING TRACTS, SAID TRACT 5421, TRACT 2477 FILED IN BOOK 11 OF MAPS AT PAGE 182, TRACT 3579 FILED IN BOOK 23 OF MAPS AT PAGE 168, ALSO ALONG THE NORTH LINES OF THE FOLLOWING LOTS OF SAID SALES MAP, LOT 11, LOT 12, LOT 13, LOT 14, LOT 15 AND LOT 16, AND TO A POINT ON THE EAST LINE OF SAID SECTION 15; THENCE (2) SOUTH 00° 16"02" WEST, 1305.80 FEET ALONG THE EAST LINE OF SAID LOT 16 AND SAID EAST SECTION LINE; THENCE (3) DEPARTING FROM SAID EAST SECTION LINE, SOUTH 89012'32" EAST, 1963.28 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF THE IVITNKLER SOUTHERN RAILWAY COMPANY; THENCE (4) SOUTH 41045'39TM WEST, 878.73 FEET, ALONG SAID RIGHT-OF-WAY; . THENCE (5) NORTH 89005, 16" WEST, 54.88 FEET, ALONG SAID RIGHT-OF-WAY; THENCE (6) SOUTH 00°19'01" WEST, ALONG SAID RIGHT-OF-WAY 62.72 FEET; THENCE (7) SOUTH 41045'39'' WEST, ALONG SAID RIGHT-OF-WAY,2001.51 FEET, TO A POINT ON THE EAST LINE OF SAID SECTION 15; THENCE (8) CONTINUING ALONG SAID KIGHT-OF-WAY, SOUTH 41045'39" WEST, 977.39 FEET; ~ lof3 ~ OR~$~L, THENCE (9) THENCE (I0) THENCE ( t 1) THENCE (12) THENCE (13) THENCE (14) THENCE (15) THENCE (16) THENCE (17) THENCE (18) THENCE (19) THENCE (20) THENCE (21 ) THENCE (22) THENCE (23) THENCE (24) THENCE (25) NORTH 48°14'21'' WEST ALONG SAID RIGHT-OF-WAY, 50.00 FEET; SOUTH 41o45'39" WEST ALONG SAID RIGHT-OF-WAY, 42.18 FEET TO THE BEGINNING OF A SPIRAL CURVE, CONCAVE SOUTHEASTERLY AND HAVING A LENGTH OF 307.39 FEET; ALONG THE CHORD OF SAID SPIRAL, SOUTH 40o02'26" WEST, 306.47 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1532.69 FEET, TO WHICH A RADIAL LINE BEARS NORTH 54o27, 11" WEST; ALONG SAID CURVE AND ALONG SAID RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 18°52'35'', AN ARC LENGTH OF 504.95 FEET TO THE BEGINNING OF A SPIRAL CURVE CONCAVE SOUTHEASTERLY AND HAVING A LENGTH OF 276.96 FEET; ALONG THE CHORD OF SAID SPIRAL CURVE, SOUTH 13o09'08" WEST, 277.02 FEET TO A POINT ON SAID RIGHT-OF-WAY; DEPARTING FROM SAID RIGHT-OF-WAY NORTH 86031'56" WEST, 135.29 FEET; SOUTH 89°46'15'' WEST, 345.45 FEET; SOUTH 56°11'16" WEST, 543.32 FEET; SOUTH 55°48'41" WEST, 644.89 FEET; SOUTH 68o18'03" WEST, 348.76 FEET; SOUTH 49036'38" WEST, 195.44 FEET; SOUTH 34°18'14" WEST, 500.15 FEET; NORTH 89o14'34" WEST, 577.74 FEET; NORTH 00°37'20" EAST, 1649.94 FEET; NORTH 89007'49" WEST, 992.36 FEET; NORTH 00o46'09'' EAST, 997.62 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 15; ALONG SAID SOUTH LINE, SOUTH 89o06'40" EAST, 2312.23 FEET; TO THE SOUTH QUARTER CORNER OF SAID SECTION 15; THENCE (26) THENCE (27) THENCE (28) THENCE (29) THENCE (30) THENCE (31 ) THENCE (32) CONTINUING ALONG SAID SOUTH LINE, SOUTH 89006'40'' EAST, 2.78 FEET TO THE SOUTHWEST CORNER OF LOT 29 OF SAID SALES MAP; NORTH 00003'46'' EAST, 1320.08 FEET ALONG THE WEST LINE OF SAID LOT 29 AND THE EAST LINE OF PARCEL MAP 4337 FILED IN BOOK 20 OF PARCEL MAPS AT PAGE 41,TO THE SOUTHEAST CORNER OF LOT 21 OF SAID SALES MAP; NORTH 89010'40'' WEST, 660.58 FEET ALONG THE SOUTH LINE OF LOT 21 OF SAID SALES MAP, AND THE NORTH LINE OF SAID PARCEL MAP 4337, TO THE SOUTHWEST CORNER OF SAID LOT 21 AND THE SOUTHEAST CORNER OF TRACT 5799 FILED IN BOOK 42 OF MAPS AT PAGE 71; NORTH 00°08'2T' EAST, 1320.11 FEET ALONG THE WEST LINE OF SAID LOT 21 AND THE EAST LINE OF SAID TRACT 5799, TO THE NORTHEAST CORNER OF SAID TRACT 5799, SAID POINT ALSO BEING THE SOUTI-IEAST CORNER OF LOT 11 OF SAID SALES MAP; NORTH 89005'32'' WEST, 660.14 FEET ALONG THE SOUTH LINE OF SAID LOT 11 AND THE NORTH LINE OF SAID TRACT 5799, TO THE NORTHWEST CORNER OF SAID TRACT 5799, SAID POINT ALSO BEING TIIE SOUTHWEST CORNER OF SAID LOT 11; NORTH 00°04'14" EAST, 1321.27 FEET ALONG THE WEST LINE OF SAID LOT 11, AND THE EAST LINE OF TKACT 5018-B, FILED IN BOOK 38 OF MAPS AT PAGE 46, AND TRACT 5018-A FILED IN BOOK 36 OF MAPS AT PAGE 115, TO THE NORTHWEST CORNER OF SAID LOT 11, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF SAID TRACT 5421; SOUTH 89005'45'' EAST, 165.03 FEET ALONG THE NORTH LINE OF SAID LOT 11 AND THE SOUTH BOUNDARY OF SAID TRACT 5421 TO THE TRUE POINT OF BEGINNING. CONTAINS 504.33 ACRES MORE OR LESS of 3 EXHIBIT "B" ,~,. ',1! !! !Ii CiT?~F BAKERSFIELD ANNEXATION No. 405 N~C~S~5' 2'/~'~'-' 'r ~ ~ ~ '~ ~ ~, '~" '~' ~''-'- NOR~ OF THE RI~R SANffA~ON D S~ CT NO. 1 ~ ~ ~:-~- % q ~ - K[RN COUNt, CALIFORNIA '- ..o...s.o .... ~o~-~o 0~' ~ ~ EXHIBIT In the Matter of.' BEFORE THE LOCAL AGENCY FORMATION COMMI~f~(~q COUNTY OF KERN, STATE OF CALIFORNIA CITY OF BAKERSFIELD: Annexation No. 405 (Hageman No. 3) Proceeding No. 1275 : : Resolution No. 00-04 : : Minute Book 47 I, William A. Turpin, Executive Officer, of the LOCAL AGENCY FORMATION COMMISSION, COUNTY OF KERN, STATE OF CALIFORNIA, hereby certify that the following resolution, proposed by Commissioner Perez, seconded by Commissioner Miller, was duly adopted by the Commission at an official meeting thereof held on the 22'~ day of February, 2000, by the following vote: AYE: Kunkel, Martinez, McLaughlin, Miller, Ortiz, Perez, Peterson NAYE: None RESOLUTION MAKING DETERMINATION Section 1. WHEREAS: (a) A proposal has been submitted to this Commission for the annexation of territory to the City of Bakersfield designated as Annexation No. 405 (Hageman No. 3); and (b) Pursuant to notice published, posted and mailed, as prescribed by law, a public hearing upon the proposal was held before this Commission on February 22, 2000, and LAFCKC #6 EXHIBIT C Resolution No. 00-04 -2- 2/22/00 (c) On February 22, 2000, the Commission as a responsible agency considered the City's Negative Declaration; and * , (d) The Commission is fully advised in the premises: Section 2. NOW, THEREFORE, BE IT RESOLVED by the Local Agency Formation Commission, County of Keru, State of Califoruia, as follows: 1. Specific reference is hereby made to all the papers, documents, files and proceedings heretofore and now taken, had and filed in this matter with particular reference to Minute Item 2/22/00-2, as appears upon the official minutes of the proceedings of this Commission. 2. The Commission now finds and determines: (i) All of the proceedings heretofore and now taken and had in this matter have becn and now are in all respects as required by law. (ii) The island created by this annexation would not be detrimental to orderly governmental development and can not reasonably be annexed to another city or incorporated. (iii) The territory proposed to be annexed is uninhabited. (iv) There is 100% landowner consent. (iv) The facts set out in the REPORT AND RECOMMENDATION of the Executive Officer dated February 16, 2000, are true. (v) The annexation to the City of Bakersfield designated as Annexation No. 405 (Hageman No. 3) will be in the best public interest. ' EXHIBIT C ~esolution No. 00-0~ 2/22/00 3. The annexation to the City of Bakersfield as set forth in the APPLICATION FOR PROCEEDING ON RESOLUTION BY LEGISLATIVE BODY, filed herein on February 3, 2000, is hereby approved without notice and hearing or an election subject to the following CONDITION RECOMMENDED BY EXECUTIVE OFFICER: "The City of Bakersfield shall sign an agreement to actively defend or indemnify and hold harmless the Kern County Local Agency Formation Commission or its agents, officers and employees, from any liability or loss connected with the approval of City of Bakersfield: Annexation No. 405 (Hageman No. 3). Said agreement shall be signed prior to the issuance of the Executive Officer's Certificate of Completion for said annexation." 4. There is hereby assigned to the territory proposed to be annexed the following distinctive short form designation, to-wit: City of Bakersfield: Annexation g405 (Hageman No. 3). 5. The City Council of the City of Bakersfield is designated as the conducting authority, and is hereby directed to initiate annexation proceedings without notice and hearing in compliance with this resolution. 6. The territory proposed for annexation, and which annexation is hereby approved, all within the County of Kern, State of California, is particularly described and delineated in Exhibit "A" attached hereto and by reference made apart hereof. EXHIBITC ,,t PROPOSED ANNEXATION # 405 CHECKED by C 0 ~;'..h'FY SURV,--YORS BEING LOTS 1 THROUGH I0 OF LOT LINE ADJUSTMENT NO. 3-93 A.S PEK CERTIFICATE OF COMPLIANCE RECORDED FEBRUARY 8, 1995 AS DOCUMENT NO. 0195015706 OF OFFICIAL RECORDS, ALSO LYING WITHIN PORTIONS OF SECTIONS 14, 15 AND 22, TOWNSHIP 29 SOUTH. RANGE 27 EAST, M.D.M. IN THE COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNI2qG AT THE INTERSECTION OF A CENTERLINE MONUIVIENT ON ROCKWELL DRIVE WITH THE EXISTING CITY OF BAKERSFIELD CORPORATE BOUNDARY, LYING ON TI-IE SOUTH BOUNDARY LINE OF TRACT 5421, FILED IN BOOK 39 OF MAPS AT PAGE 66, ALSO BEING ON THE NORTH LINE OF LOT 11 OF THE SALES MAP OF TI-IE KERN COUNTY LAND COMPANY IN SAID SECTION 15, DATED MARCH 30, 1892 AND FILED IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE (1) SOUTH 89005'45" EAST, 3808.04 FEET ALONG THE SOUTH BOUNDARY LINE OF THE FOLLOWING TRACTS, SAID TRACT 5421, TRACT 2477 FILED IN BOOK 11 OF MAPS AT PAGE 182, TRACT 3579 FILED IN BOOK 23 OF MAPS AT PAGE 168, ALSO ALONG THE NORTH LINES OF THE FOLLOWING LOTS OF SAID SALES MAP, LOT 1 I, LOT 12, LOT 13, LOT 14, LOT 15 AND LOT 16, AND TO A POINT ON THE EAST LINE OF SAID SECTION 15; THENCE (2) SOUTH 00016"02" WEST, 1305.80 FEET ALONG THE EAST LINE OF SAID LOT 16 AND SAID EAST SECTION LINE; THENCE (3) DEPARTING FROM SAID EAST SECTION LINE, SOUTH 89°12'32" EAST, 1963.28 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF THE MINKLER SOUTHERN RAILWAY COMPANY; THENCE (4) SOUTH 41045'39'' WEST, 878.73 FEET, ALONG SAID RIGHT-OF-WAY; THENCE (5) NORTH 89°05'16" WEST, 54.88 FEET, ALONG SAID RIGHT-OF-WAY; THENCE (6) SOUTH 00019'01" WEST, ALONG SAID RIGHT-OF-WAY 62.72 FEET; THENCE (7) SOUTH 41°45'39'' WEST, ALONG SAID RIGHT-OF-WAY,2001.51 FEET, TO A POINT ON THE EAST LiNE OF SAID SECTION 15; THENCE ($) CONTINUING ALONG SAID RIGHT-OF-WAY, SOUTH 41 °45'39" WEST, 977.39 FEET; lof3 0 ORIGinAL EXHIBI? THENCE (9) NORTH 48°14'21" WEST ALONG SAID RIGHT-OF-WAY, 50.00 FEET; THENCE (10) SOUTH 41"45'39" WEST ALONG SAID RIGHT-OF-WAY, 42.18 FEET TO THE BEGINNING OF A SPIRAL CURVE, CONCAVE SOUTHEASTERLY AND HAVING _.6. LENGTH OF 307.39 FEET; THENCE (11) ALONG THE CHORD OF SAID SPIRAL, SOUTH 40°02'26'' WEST, 306.47 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1532.69 FEET, TO WHICH A RADIAL LINE BEARS NOKTH 54°27'11" WEST; THENCE (12) ALONG SAID CURVE AND ALONG SAID RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 18052'35'', AN ARC LENGTH OF 504.95 FEET TO THE BEGINNING OF A SPIRAL CURVE CONCAVE SOUTHEASTERLY AND HAVING A LENGTH OF 276.96 FEET; THENCE (13) ALONG THE CHORD OF SAID SPIRAL CURVE, SOUTH 13009'08'' WEST, 277.02 FEET TO A POINT ON SAID RIGHT-OF-WAY; THENCE (14) DEPARTING FROM SAID RIGHT-OF-WAY NORTH 86o31'56" WEST, 135.29 FEET; THENCE (15) souTH 89°46'15'' WEST, 345.45 FEET; THENCE (16) SOUTH 56°11'16" WEST, 543.32 FEET; THENCE (17) SOUTH 55°48'41'' WEST, 644.89 FEET; THENCE (18) SOUTH 68018'03'' WEST, 348.76 FEET; THENCE (19) SOUTH 49036'38'' WEST, 195.44 FEET; THENCE (20) SOUTH 34°18'14" WEST, 500.15 FEET; THENCE (21) NORTH 89014'34" WEST, 577.74 FEET; THENCE (22) NORTH 00°37'20" EAST, 1649.94 FEET; THENCE (23) NORTH 89o07'49'' WEST, 992.36 FEET; THENCE (24) NORTH 00046'09'' EAST, 997.62 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 15; THENCE (25) ALONG SAID SOUTH LINE, SOUTH S9°06'40" EAST, 2312.23 FEET; TO THE SOUTH QUARTER CORNER OF SAID SECTION 15; ORIG~N~. 2 of 3 EXHIBIT C THENCE (26) THENCE (27) THENCE (28) TIq~NCE (29) THENCE (30) THENCE (31) THENCE (32) CONTINUING ALONG SAID SOUTH LINE, SOUTH 89006'40TM EAST, 2.78 FEET TO THE SOUTHWEST CORNER OF LOT 29 OF SAID SALES MAP; NORTH 00o03'46'' EAST, 1320.08 FEET ALONG THE WEST LINE OF SAID LOT 29 AND THE EAST LINE OF PARCEL MAP 4337 FILED IN BOOK 20 OF PARCEL MAPS AT PAGE 41,TO ~ SOUTHEAST CORNER OF LOT 21 OF SAID SALES MAP; NORTH 89010'40'' WEST, 660.58 FEET ALONG ~ SOUTH LINE OF LOT 21 OF SAID SALES MAP, AND THE NORTH LINE OF SAID PARCEL MAP 4337, TO THE SOUTHWEST CORNER OF SAID LOT 21 AND THE SOUTHEAST CORNER OF TRACT 5799 FIT.ED IN BOOK 42 OF MAPS AT PAGE 71; NORTH 00008'27" EAST, 1320.11 FEET ALONG THE WEST LINE OF SAID LOT 21 AND THE EAST LINE OF SAID TRACT 5799, TO THE NORTHEAST CORNER OF SAID TRACT 5799, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF LOT 11 OF SAID SALES MAP; NORTH 89°05'32" WEST, 660.14 FEET ALONG THE SOUTH LINE OF SAID LOT 11 AND THE NORTH LINE OF SAID TRACT 5799, TO THE NORTHWEST CORNER OF SAID TRACT 5799, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF SAID LOT 11; NORTH 00°04'14'' EAST, 1321.27 FEET ALONG TI~ WEST LINE OF SAID LOT 11, AND THE EAST LINE OF TRACT 5018-B, FILED IN BOOK 38 OF MAPS AT PAGE 46, AND TRACT 5018-A FILED IN BOOK 36 OF MAPS AT PAGE 115, TO THE NORTHWEST CORNER OF SAID LOT 11, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF SAID TRACT 5421; SOUTH 89005'45'' EAST, 165.03 FEET ALONG THE NORTH LINE OF SAID LOT I1 AND THE SOUTH BOUNDARY OF SAID TRACT 5421 TO . THE TRUE POINT OF BEGINNING. CONTAINS 504.33 ACRES MORE OR LESS ORI,G~I. 3 of 3