HomeMy WebLinkAboutRES NO 196-91RESOLUTION NO. '1 9 6 - 9 1
A RESOLUTION MAKING FINDINGS THAT
NO WRITTEN PROTEST HAS BEEN FILED
AND ORDERING THE TERRITORY
DESIGNATED AS PROCEEDING NO. 1073,
ANNEXATION NO. 350, WIBLE NO. 9,
ANNEXED TO THE CITY OF BAKERSFIELD
AND INCLUDED IN THE GREATER
SEPARATION OF GRADE DISTRICT (WARD
7).
WHEREAS, Resolution of Application No. 62-91, dated
May 6, 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.
1073, Annexation No. 350 (Wible No.9), the exterior boundaries of
which are described in Exhibit "A" and shown on the map marked
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 August 27, 1991; and
WHEREAS,
on August 27, 1991,
being Resolution No.
Commission; and
following said public hearing the Commission,
adopted its Resolution Making Determination,
91-35, recorded in Minute Book 38 of said
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. 180-91 specifying that
unless excluded by the City Council, all portions of proposed
Wible No. 9 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. 180-91.
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. 1073, Annexation No. 350 (Wible No. 9 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.
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. 9 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 ..........
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 0el - 2 1991 by
the following vote:
AYES; COUNCILMEMBERS: EDWAR[~, DeMONO, SMITH, BRUNNI, PETERSON, McDERMOTT, SALVAGGIO
NOES; COUNCILMEMBERS:
ABSENT COUNCtLMI~MBERS:
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:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
Attachment:
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Exhibit "A"
Exhibit "B"
EXHIBIT "A"
WIBLE NO. 9
ANNEXATION NO. 350
A parcel of land being a portion of Section 25, Township 30 South, Range 27
East, M.D. M., County of Kern, State of California, more particularly de-
scribed as follows:
Beginning at the point of intersection of the East Right of Way line of
Freeway 99 (State Route V1-Ker-99) and the South line of the North 30 feet
of Lot 20 in 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,
said point also being on the existing corporate boundary of the City of
Bakersfield;
THENCE (1) North 89° 14' 56" West, along the South line of the North 30 feet
of Said Lot 20, a distance of 194.44 feet to a point on the West Right of
Way line of Freeway 99;
THENCE (2) Continuing North 89° 14' 56" West, along said South line, also
being the South Right of Way line of Berkshire Road, 360.78 feet to a point
on the West line of said Lot 20;
THENCE (3) Continuing West, along the South line of the North 30 feet of Lots
21 and 22 of said "Sales Map No. 1", a distance of 1321.76 feet to a point on
the West line of said Lot 22;
THENCE (4) South, along said West line, 1289.08 feet to the Southwest corner
of said lot 22;
THENCE (5) West along the South line of LOt 24 of said "Sales Map No. 1", a
distance of 1116.63 feet to a point on the East line of the West 205 feet
of said LOt 24;
THENCE (6) North, along said West line, 152 feet;
THENCE (7) West and parallel with the South line of said Lot 24, a distance
of 175 feet to a point on the East line of the West 30 feet of said Lot;
THENCE (8) North along said East line, also being the East Right of Way line
of Wible Road (County Road No. 50), a distance of 1166.28 feet to a point on
the North line of Lot 23 of said "Sales Map No. 1", (also being on the center
line of Berkshire Road);
THENCE (9) North 00° 36' 02" East along the East line of the West 30 feet of
Parcels 1 and 2 as shown on Parcel Map No. 4385 filed in Book 19 of Parcel
Maps, Page 105 in the office of the Kern County Recorder, a distance of
925.27 feet to a point on the North line of said Parcel 2;
THENCE (10) South 89° 17' 18" East along said North line 362.02 feet to the
Southeast corner of Parcel 3 of said Parcel Map No. 4385;
33:EXH. 4RTY RTY:lh
THENCE (11) North 13° 31' 44" East, along the East line of said Parcel 3, a
distance of 264.80 feet to a point on the South Right of Way line of the
Arvin-Edison intake canal;
THENCE (12) South 89° 17' 18" East, along said South line, 2291.59 feet to
a point on the West Right of Way line of Freeway 99;
THENCE (13) North 13° 14' 06" West, along said West line, 93.08 feet;
THENCE (14) North 14° 39' 59" West, along said West line, 46.32 feet to a
point on the North Right of Way line of the Arvin-Edison intake canal, also
being a point on the existing corporate boundary of the City of Bakersfield;
T~ENCE (15) East and Southeasterly along said existing corporate boundary to
the point of beginning.
Containing 125.29 Acres (~re or less)
33:EXH. 4RTYP2 RTY:lh
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