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Home My WebLink AboutRES NO 221-91RESOLUTION NO. ~ A RESOLUTION MAKING FINDINGS THAT NO WRITTEN PROTEST HAS BEEN FILED AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 1077, ANNEXATION NO. 354, ASHE NO. 2, ANNEXED TO THE CITY OF BAKERSFIELD AND INCLUDED IN THE GREATER SEPARATION OF GRADE DISTRICT (WARD 4 AND 6). WHEREAS, Resolution of Application No. 88-91, dated May 22, 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. 1077, Annexation No. 354 (Ashe 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 September 24, 1991; and WHEREAS, following said public hearing the Commission, on September 24, 1991, adopted its Resolution Making Determination, being Resolution No. 91-43, recorded in Minute Book 38 of said Commission; and WHEREAS, the City Council adopted Resolution No. 9-76 on February 23, 1976, and Resolution No. 2-78 on January 11, 1978, protesting the execution of contracts or agreements for lands within one mile of the city located in agricultural preserves; and WHEREAS, the map marked Exhibit "C" attached hereto and incorporated as fully set forth herein shows the one mile radius from the city limits as of November 1L 1978, and the Williamson Act Contract lands that were protested by the city that are within Ashe No. 2 Annexation; and WHEREAS, the city will exercise its option of not succeeding to Williamson Act Contract upon annexation; and WHEREAS, on October 25, 1991, the City Clerk of the City of Bakersfield set WEDNESDAY, NOVEMBER 6, 1991, 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 October 2, 1991, the Council of the City of Bakersfield adopted its Resolution No. 205-91 specifying that unless excluded by the City Council, all portions of proposed Ashe No. 2 Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District, and setting WEDNESDAY, NOVEMBER 6, 1991, 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 November 6, 1991, in all respects in accordance with Resolution No. 205-91. 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. 1077, Annexation No. 354 (Ashe No. 2 Annexation), and described herein, and every part thereof, is hereby ordered annexed to the City of Bakersfield. 3. The city hereby declares that it shall not succeed to the Williamson Act Contract upon annexation. 2 4. 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. 5. 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_Loeal 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. 6. 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 Ashe 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. 7. 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. 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, Bakersfiel& CA 93303. 3 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 ~0¥ - 6 lgg! by the following vote: AYES: COUNCILMEMBERS: ~;';J~' OOC, DeMONO, SMITH, BRUNNI PETERSON, McDERMOTT SALVAGGIO NOES; COUNCILMEMBERS ~SENT COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED tt0V - 6 1991 CLARENCE MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield pjt a:rsgdl.a2 4 EXHIBIT A~ NO. 2 AS~XATION NO. 354 A parcel of land being portions of Sections 26, 27, 28 and 29 of Township 30 South, Range 27 ~ast, M.D. M., Kern County, California, more particularly described as follows: Beginning at the point of intersection of the South line of said Section 26 and the East line of the West 30 feet of said Section, also being a point on the East right of way line of Stine Road (County Road No. 157), also being a point on the existing corporate boundary of the City of Bakersfield; 'I~4CE (1) West along said South section line, 30 feet to the Southeast corner of said Section 27; 'i~:%~CE (2) West, along the South line of said Section 27, a distance of 5298.53 feet to the Southwest corner thereof; TM~NC~ (3) West along, the South line of said Section 28, a distance of 30 feet to a ~oint on the West line of the East 30 feet of said Section 28; · i~CE (4) North along said West line, also being the West right of way line of Ashe Road (County Road No. 199), a distance of 2632.25 feet to a point on the East-West mid section line of said Section 28; · z~_~u~ (5) West, along said mid section line, 5254.24 to the West 1/4 corner of said Section 28; 'i~l~CE (6) Continuing along the Westerly prolongation of last described mid- section line 30 feet to a point on the West line of the East 30 feet of said Section 29, also being a point on the West right of way line of Gosford Road (County Road No. 35); 'i~ (7) North along said West line, 2600.40 feet (more or less) to a point on the South line of the North 30 feet of said Section 29, also being a point on the South right of way line of Pan~m~ Lane (County Road NO. 4), also being a point on the existing corporate boundary of the City of Bakersfield; ~ (8) East, South and East along said co~orate boundary to the point of intersection of the South line of the Northeast 1/4 am~ the West line of the East 30 feet of said Section 27; · L~u~ (9) Departing said corporate boundary line, South along said West line, also being the West right of way line of County Road No. 157, a distance of 1646.97 feet to a point on the Westerly prolongation of the South line of Parcel 1 per Parcel Map No. 2665 filed in Book 11 of Parcel .Maps, Page 184 in the Office of the Kern County Recorder; ~.,,. 32:EX.ASME RTY:lh ~ 'l~i~CE (10) Sout~h 89° 38' 16" East, along said prolongation line and South line of said Parcel 1, a distance of 1321.65 feet to a ~oint on the existing corporate $oundary of the City of Bakersfield; THENCE (11) South and West along said existing corporate boundary to the Point of Beginning. Containing 946.29 Acres (more or less) 32: ~X. ASH~P2 RT~: lh 7) (6) ANNEXATION OF ASHE No. 2 EXHIBIT "B" T (~) 212 (e) 34 27 (e (I ROB. ASHE -~2 ANNEXATION PUMPKIN C~NTER EXHIBIT C