Loading...
HomeMy WebLinkAboutRES NO 34-92RESOLUTION NO. S 4 - 9 2 A RESOLUTION MAKING FINDINGS THAT NO WRITTEN PROTEST HAS BEEN FILED AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 1091, ANNEXATION NO. 356, MEACHAM NO. 1, ANNEXED TO THE CITY OF BAKERSFIELD AND INCLUDED IN THE GREATER BAKERSFIELD SEPARATION OF GRADE DISTRICT (WARD 4). WHEREAS, Resolution of Application No. 186-91 and Resolution of Application No. 199-91, dated September 11, 199l, and October 2, 1991, were 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. 1091, Annexation No. 356 (Meacham 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 February 25, 1992; and WHEREAS, following said public hearing the Commission, on February 25, 1992, adopted its Resolution Making Determination, being Resolution No. 92-7, recorded in Minute Book 39 of said Commission; and WHEREAS, on January 29, 1992, the City Clerk of the City of Bakersfield set WEDNESDAY, MARCH 11, 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 ORIGINAL 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 January 29, 1992, the Council of the City of Bakersfield adopted its Resolution No. 18-92 specifying that unless excluded by the City Council, all portions of proposed Meacham No. 1 Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District, and setting WEDNESDAY, MARCH 11, 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 March 11, 1992, in all respects in accordance with Resolution No. 18-92. 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. 1091, Annexation No. 356 (Meacham No. 1), 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. 2 ORIGINAL 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 Meacham 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. 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 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 MAR I 1 1992 by the following vote: AYES: COUNCILMEMBERS: EDWARDS, OeMOND, SMITH, BRUNNk PETERSON, McDERMO1T, SA[VAGGIO NOE-~: COONCILMEM6ERS' AIISE NT COUNCiLMEMOERS: ,"~",'~ -~/~ ABSTAIN: COUNCILMEM~R$' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED ~AR 1 1 199:> MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDIN~ CITY ATI'ORNEY of the City of Bakersfield pit Attachments: p:rsgdl.ml Exhibit "A" Exhibit "B" ORIGINAL EXHIBIT MEACHAM NO. 1 ANNEXATION NO. 356 A parcel of land situated in Section 19, Township 29 South, Range 27 East, M.D. B. & M., County of Kern, State of California, more particularly described as follows: Co~nencing at the point of the East 1/4 corner of said Section 19; also being the point of intersection of the centerline of Calloway Drive (County Road No. 522) and the centerline of Meacham Road (County Road No. 862); THENCE Westerly, along the centerline of Meacham Road, a distance of 30 feet to a point on the West right-of-way line of Calloway Drive, also being a point on the existing corporate of the City of Bakersfield; THENCE Southerly, along said corporate boundary line and the West right-of-way line of Calloway Drive, a distance of 30 feet to a point on the South right-of- way line of Meacham Road, said point also being the Northeast corner of Parcel Map 3117 filed in Book 15 of Parcel Maps, Page 8 in the office of tbe Kern County Recorder and the TRUE POINT OF BEGINNING; THENCE (1) departing from said existing corporate boundary, South 89" 50' 10" West along the North line of Parcel Map 3117 a distance of 407.47 feet to the Northwest corner Parcel "C" of said parcel map; THENCE (2) South 00° 00' 11" West, along the West line of said Parcel "C", a distance of 15 feet to a point of the North line of Parcel Map 5144 filed in Book 25 of Parcel Maps, Page 73; THENCE (3) South 89° 50' 10" West, along the North line of Parcel Map 5144 a distance of 225 feet to a point oo the East line of Parcel Map 8508 filed in Book 36 of Parcel Maps, Page 140; THENCE (4) North 00° 00' 11" East, along the East line of Parcel Map 8508, a distance of 15 feet to the North line of said parcel map; THENCE (5) South 89° 50' 10" West, along the North line of Parcel Map 8508 and Parcel Map 208 filed in Book 2 of Parcel Maps, Page 52, a distance of 676.54 feet to a point on the Southerly prolongation of the East line of Tract 3908 filed in Book 28 of maps, Page 167; THENCE (6) North 00" 00' 58" West (North 00~00'16" West per Tract 3908), along said prolongation and East line thereof, 694.68 feet to a point on the existing corporate boundary of the City of Bakersfield; THENCE (7) Easterly and Southerly along said corporate boundary to the point of beginning ............. Containing 19.10 Acres (~re or less) Do~ ~ -~" '~ ~' ORIGINAL (6) (7) Pm,-=. (5) (4)- Ill I 1 (7) MEACHAM I P.O.B. . /~?~ ",5),, _ ~' ~' ~ ~'/~--~"',5", ..... -- ~ ~'~ A~XATION NO. ~. ~UTION N~ ANNEXATION OF ,~ ~ MEACHAM No. 1 TO THE CITY ~ ~RSflELD ~ ~ ~ EXHIBIT' "B"