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HomeMy WebLinkAboutRES NO 197-91RESOLUTION NO.'~ 9 7 - 9 ~ A RESOLUTION MAKING FINDINGS THAT NO WRITTEN PROTEST HAS BEEN FILED AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 1074, ANNEXATION NO. 351, WIBLE NO. 10, ANNEXED TO THE CITY OF BAKERSFIELD AND INCLUDED IN THE GREATER SEPARATION OF GRADE DISTRICT (WARD 7). WHEREAS, Resolution of Application No. 63-91, dated April 24, 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. 1074, Annexation No. 351 (Wible No. 10), the exterior boundaries of which are described in Exhibit "A" and shown on Exhibit "B", attached hereto and incorporated in this Resolution as though fully set forth herein; and WHEREAS, a duly noticed public hearing upon said proposal was held before 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. 91-36, recorded in Minute Book 38 of said Commission; and WHEREAS, on September 20, 1991, the City Clerk of the City of Bakersfield set WEDNESDAY, OCTOBER 2, 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 August 28, 1991, the Council of the City of Bakersfield adopted its Resolution No. 181-91 specifying that unless excluded by the City Council, all portions of proposed Wible No. 10 Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District, and setting WEDNESDAY, OCTOBER 2, 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 October 2, 1991, in all respects in accordance with Resolution No. 181-91. 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. 1074, Annexation No. 351 (Wible No. 10 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. 2 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 Wible No. 10 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. .......... 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 001 - 2 1§91 by the following vote: AYES. COUNCILMEMBERS: EDWARDS, DeMOND, SMITH, BRUNNI, PETERSON, McDERMOTT, SALVAGOIO NOES; COUNCILMEMBERS: ,~ '~/~ A~SENT COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED OCT - 2 1991_ CLARENCE MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: · LUNARDINI / ~ ' CITY ATTORNEY of the City of Bakersfield MO/pjt Attachments Exhibit "A" Exhibit "B" a:rsgdl.w10 EXHIBIT "A" WIBLE NO. 10 ANNEXATION NO. 351 A parcel of land being a portion of the South 1/2 of Section 25, Township 30 South, Range 27 East, M.D. M., County of Kern, State of California, more particularly described as follows: Commencing at the point of intersection of the North line of Lot 30 of said Section 25 as lots are shown on "Sales Map NO. 1 of Lands of J. B. Haggin" filed May 3, 1889 in the office of the Kern County Recorder and the East Right of Way line of Freeway 99 (State Route V1-Ker-99) also being a point on the existing corporate boundary of the City of Bakersfield; thence South 11° 31' 00" East, along said East Right of Way line, 65.713 feet to the true point of beginning; THENCE (1) South 78© 29' 00" West, 190.00 feet to a point on the West Right of Way line of said Freeway 99, said point also being a point of intersection with the East line of Parcel "A" as shown on Parcel Map No. 4351 filed in Book 19 of Parcel Maps, Page 188 in the office of the Kern County Recorder; THENCE (2) South 00° 37' 09" West, along the East line of said Parcel "A", a distance of 716.15 feet to the Northeast corner of Parcel "C" of said Parcel Map No. 4351; THENCE (3) North 89© 11' 30" West along the North line of Parcels "B" and "C" of said Parcel Map No. 4351, a distance of 440.70 feet to the Northwest corner of said Parcel "B"; THENCE (4) South 00° 36' 40" West, along the West line of said Parcel "B" a distance of 470.00 feet to a point on the North line of the South 30 feet of said Section 25 also being on the North Right of Way line of Hosking Avenue (County Road No. 782); THENCE (5) North 89° 11' 30" West, along said North line, 220.32 feet to a point on the West line of said Parcel "A"; THENCE (6) Continuing West along said North line, 2613.70 feet (more or less) to a point on the East line of the West 30 feet of said Section 25; THENCE (7) North, along said East line, also being the East Right of Way line of Wible Road (County Road No. 50), a distance of 1440.26 feet to a point on the North line of the South 152 feet of Lot 24 of said "Sales Map No. 1 of Lands of J. B. Haggin"; THENCE (8) East along said North line 175 feet to a point on the East line of the West 205 feet of said LOt 24; THENCE (9) South along said East line, 152 feet to a point on the South line of said lot; TH]~CE (10) East along said South line, 1116.63 feet to the Southwest corner of Lot 22 of said "Sales Map No. 1"; 33:WIBLE10 RTY:lh THENCE (11) North along the West line of said Lot 22, a distance of 1289.08 feet to a point on the South line of the North 30 feet of said lot; THENCE (12) East along the South line of the North 30 feet of Lots 22 and 21, also being the South Right of Way line of Berkshire Road (County Road No.782) a distance of 1321.76 feet to a point on the West line of Lot 20 of said "Sale Map No. 1"; THENCE (13) South 89° 14' 56" East, along said South Right of Way line, 360.78 feet to a point on the West Right of Way line of Freeway 99; T~ENCE (14) Continuing South 89° 14' 56" East, 194.44 feet to a point on the East Right of Way line of Freeway 99, also being a point on the existing corporate boundary of the City of Bakersfield; THENCE (15) Southeasterly along said existing corporate boundary to the point of beginning. Containing 153.32 Acres (mDre or less) 33:WIBLE10.P2 RTY:lh [12J riO) Ch C) SEC. 36 T. 3o S. FI