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Home My WebLink AboutRES NO 211-91RESOLUTION NO. 2 .'1, 1- - 9 I A RESOLUTION MAKING FINDINGS THAT NO WRITTEN PROTEST HAS BEEN FILED AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 1075, ANNEXATION NO. 352, RENFRO NO. 2, ANNEXED TO THE CITY OF BAKERSFIELD AND INCLUDED IN THE GREATER SEPARATION OF GRADE DISTRICT (WARD 4). WHEREAS, Resolution of Application No. 68-91, dated May 8, 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. 1075, Annexation No. 352 (Renfro 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 bcfore the Commission on September 10, 1991; and WHEREAS, following said public hearing the Commission, on September 10, 1991, adopted its Resolution Making Determination, being Resolution No. 91-37, recorded in Minute Book 38 of said Commission; and WHEREAS, on October 1, 1991, the City Clerk of the City of Bakersfield set WEDNESDAY, OCTOBER 23, 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 September 11, 1991, the Council of the City of Bakersfield adopted its Resolution No. 187-91 specifying that unless excluded by the City Council, all portions of proposed Renfro No. 2 Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District, and setting WEDNESDAY, OCTOBER 23, 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 WIIEREAS, the public hearing was duly and regularly conducted by and before the City Council at its meeting of October 23, 1991, in all respects in accordance with Resolution No. 187-91. 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. 1075, Annexation No. 352 (Renfro 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. 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 Renfro No. 2, 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. .......... o0o .......... 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 0Cl 2 3 1991 by the following vote: AYES; COUNCILMEMBERS EDWARDS, DeMOND, SMITH, BRUNNI, ?CTT-,"130N, McDERMOTT, SALVAGGIO NC'ES; COUNCILMEMBERS A89ENT COUNCILMEMBERS: ABSTAIN COUNCILMEMBERS' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED OCT 2 3 1991 MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY of the City of Bakersfield pit a:rsgd.r2 4 EXHIBIT RENFRO NO. 2 ANNEXATION NO. 352 A parcel of land situated in Sections 34 and 35 of T. 29 S., R. 26 E., M.D.M., County of Kern, State of California, more particularly described as follows: Beginning at the point of intersection of the south line of the north ~of the southeast ~4of the southeast ~4of said Section 34 and the west line of the east 55.00 feet of said section, said point also being on the existing corporate boundary of the City of Bakersfield; T~ENCE (1) West along said south line, a distance of 1269.73 feet to the south- west corner of the north ~of the southeast ~4of the southeast ~4of said Section; 'i~lqCE (2) North along the west line of the southeast ~4of the southeast ~4 of said Section, a distance of 661.68 feet to the northwest corner thereof; 'i~I~NCE (3) West along the south line of the northwest ~4of the southeast ~4of said section, a distance of 1324.29 feet to the southwest corner thereof; · l~u~qCE (4) North along the west line of the northwest ~4of the southeast ~4of said section, a distance of 1323.35 feet to the northwest corner thereof; '~gCE (5) North along the west line of the northeast ~4of said Section 34, a distance of 45.00 feet to a point on the north line of the south 45.00 feet of said~4section; T~ (6} East along said north line, also being the north right of way line of Johnson Road as defined by offer of dedication on map of Tract No. 2892 filed in Book 14 of Maps, pages 90 and 91 in the office of the Kern County Recorder, a distance of 2647.72 feet ~o a point on the east line of the northeast ~of said Section 34; T~ (7) East along the north line of the south 45.00 feet of the northwest ~4 of said Section 35, a distance of 30.00 feet; · £~i~NCE (8) South along ~he east line of the west 30.00 feet of the northwest ~4 of said section, a distance of 45.00 feet to a point on the south line thereof; 'i~%~CE (9) South along the east line of the west 30.00 feet of the southwest ~4 of said Section 35, a distance of 661.79 feet to a point on the existing corpo- rate boundary of the City of Bakersfield; · ~I~NCE (10) West and south along said existing corporate boundary line to the point of beginning. F2~-~ 'E£~<SD by C~UN~ .... .......... ": K£~?'! ~ '"'"~ ~ CONTAINING 102.43 ACRES (+_) 33:ANN. 352 Date -~'~ ,,~'"~ /~prove. d/by RTY:lh PM ~72~ TRA. CT I"'" I"'" ~Jg~ (G) (4) ANNEXATION NO. 352 RE~O~JT~ON ANNEXATION OF RENFRO NO. TO THE CITY OF BAKERSFIELD S~IL.E: 200 0 20~ 4O0 6OO EXHIBIT "B" (I) ~ P. O.B.. SEC. 3 M.D.M.