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Home My WebLink AboutRES NO 179-91RESOLUTION NO. '~ 7 9 - 9 ~ A RESOLUTION MAKING FINDINGS THAT NO WRITTEN PROTEST HAS BEEN FILED AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 1067, ANNEXATION NO. 346, WIBLE NO. 8, ANNEXED TO THE CITY OF BAKERSFIELD AND INCLUDED IN THE GREATER BAKERSFIELD SEPARATION OF GRADE DISTRICT (WARD 6). WHEREAS, Resolution of Application No. 30-91, dated February 27, 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. 1067, Annexation No. 346 (Wible No. 8); and WHEREAS, a duly noticed public hearing upon said proposal was held before the Commission on July 9, 1991; and WHEREAS, following said public hearing the Commission, on July 9, 1991, adopted its Resolution Making Determination, being Resolution No. 91-28, recorded in Minute Book 38 of said Commission; and WHEREAS, on August 13, 1991, the City Clerk of the City of Bakersfield set WEDNESDAY, AUGUST 28, 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, 1501Truxtun 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 July 17, 1991, the Council of the City of Bakersfield adopted its Resolution No. 143-91 specifying that unless excluded by the City Council, all portions of proposed Wible No. 8 Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District, and setting WEDNESDAY, AUGUST 28, 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 August 28, 1991, in all respects in accordance with Resolution No. 143- 91. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. In accordance with Sections 57075 and 57-78 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. The description of the exterior boundaries of the territory annexed is contained in Exhibit "A" and shown on the map marked Exhibit "B", attached hereto and incorporated in this Resolution as though fully set forth herein. 3. That the said territory designated as Proceeding No. 1067, Annexation No. 346 (Wible No. 8), and described herein, and every part thereof, is hereby ordered annexed to the City of Bakersfield. 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 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 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 WIBLE NO. 8, 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, 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 AU8 2 8 ~991 by the following vote: AYES: COUNCILMEMBERS: EDWARDS, DeMONO, SMITH. BRUNNI, PETERSON, McDERMOTT, SALVAGGIO N0E S; COUNCI LMEMBERSR /,~,,~. ABSENT COLNCILMEMBE s · ABSTAIN: COUNCILMEMBERS CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED AU6 2 8 1991 CLARENCE MEDDERS MAYOR of the City of Bakersfield APPROVED~as to form: LUNAR] INI CITY ATTORNEY of the City of Bakersfield pjt a:rsgdw8 4 EXHIBIT 'A' WIBLE NO. 8 ANNEXATION NO. 346 A parcel of land situated in Section 25 and 26 of T. 30 S., R. 27 E., M.D. M. in the County of Kern, State of California, more particularly described as follows: Beginning at the point of intersection of the West line of the East 30 feet of said Section 26 and the North right of way line of the Arvin-Edison intake canal, said point also being on the existing corporate boundary of the City of Bakersfield; THENCE (1) South 00° 36' 02" West, along said West line, a distance of 393.20 feet to a point on the Westerly prolongation of the South line of Parcel 3 as shown on Parcel Map No. 4385 filed in Book 19 of Parcel Maps at Page 105 in the office of the Kern County Recorder; THENCE (2) South 89° 17' 18" East, along said prolongation line and South line, a distance of 60 feet to a point on the East line of the West 30 feet of said Section 25, also being on the East right of way line of Wible Road (County Road no. 50); THENCE (3) South 00° 36' 02" West along said East line, 925.27 feet to a point on the South line of the Northwest quarter of said Section 25 (also being on the center line of Berkshire Road, County Road No. 782); THENCE (4) South along the East line of the West 30 feet of the Southwest quarter of said Section 25, a distance of 2607.69 feet (more or less) to a point on the North line of the South 30 feet of said Section 25 (also ~ing on the North Right of Way Line of Hosking Avenue, County Road No. 782); THENCE (5) West along said North line, 30 feet to a point on the East line of said Section 26; THENCE (6) Continuing West along the North line of the South 30 ~et of said Section 26, a distance of 30 feet to a point of the West line of the East 30 feet of said Section 26; THENCE (7) South along said West line, also being the West Right of Way line of Wible Road (County Road No. 50), a distance of 30 feet to a point on the South line of said Section 26; THENCE (8) West along said South line, 635 feet to a point on the existing corporate boundary of the City of Bakersfield; THENCE (9) North, West, North and East along said existing corpos~te boundary line to the point of beginning. Containing 106.29 Acres (more or less) D29:ANNEX.346 RTY:lh SEC. ~ 26 ~ P.O.B. ~ ' 9) (3l 23 (4) 24 2Z iL N 21 20 Z3 $EC13~ ANNEXATION NO* 346 RE~SOIttTION NO*__ ANNEXATION OF* WIBLE No. 8 TO THE CITY OF BAKERSFIELD scm~: 400 0 400 ~00 I~00 rammin. PJt~)~E:D ,dd~V~EXAT10N BOUMMA'y EXHIBIT