HomeMy WebLinkAboutRES NO 154-91RESOLUTION NO. I 5 4 - 9 1
A RESOLUTION MAKING FINDINGS THAT
SUFFICIENT MAJORITY WRITTEN PROTEST
HAS NOT BEEN FILED AND ORDERING THE
TERRITORY DESIGNATED AS PROCEEDING NO.
1063, ANNEXATION NO. 343, STINE NO. 7,
ANNEXED TO THE CITY OF BAKERSFIELD AND
INCLUDED IN THE GREATER BAKERSFIELD
SEPARATION OF GRADE DISTRICT (WARD 6).
WHEREAS, Resolution of Application No. 15-91, dated
January 30, 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.
1063, Annexation No. 343 (Stine No. 7); and
WHEREAS, a duly noticed public hearing upon said pro-
posal was held before the Commission on June 25, 1991; and
WHEREAS, following said public hearing the Commission,
on June 25, 1991, adopted its Resolution Making Determination,
being Resolution No. 91-25, recorded in Minute Book 38 of said
Commission; and
WHEREAS, on June 27, 1991, the City Clerk of the City
of Bakersfield set WEDNESDAY, JULY 17, 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 Califoznia 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 sub-
sequent 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 bene-
fited by inclusion in the district; and
WHEREAS, on June 5, 1991, the Council of the City of
Bakersfield adopted its Resolution No. 94-91 specifying that
unless excluded by the City Council, all portions of proposed
STINE NO. 7 ~nnexation shall, upon annexation to the City of
Bakersfield, be included within the Greater Bakersfield Separation
of Grade District, and setting WEDNESDAY, JULY 17, 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 dis-
trict and said notice was published as required by law; and
WHEREAS, t'he public hearing was duly and regularly con-
ducted by and before the City Council at its meeting of JULY 17,
1991, in all respects in accordance with Resolution No. 94-91.
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 sufficient written
protests, if any, filed and not withdrawn prior to the conclusion
of the hearing represent landowners owning less than 25 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.
1063, Annexation No. 343 (Stine No. 7), 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 comple-
tion 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 perti-
nent objections, if any, to inclusion within the Greater
Bakersfield Separation of Grade District of any portion or por-
tions of the territory described as STINE NO. 7, 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
benefited 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.
.......... 000 ..........
- 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 on JUt ~ 1 1991 , by
the following vote:
AYES; COUNCILMEMBERS: EDWARDS, OeMONO, SMITH, BRUNNI, PETERSON, McDERMOTT, $ALVAGGIO
NOES: COUNCILMEMBERS: Y~ 4,'~-
ABSENT COUNCILMEMBERS: ,.~' A,"~
ABSTAIN: COONClLMEMBERS' /W/~ ~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED JUL 3 1 1991
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
MO/pjt
5/rs7cc
- 4 -
EXHIBIT "A"
STINE NO. 7
ANNEXATION NO. 343
A parcel of land situated in the West half of Section 26 and the East half of
Section 27 in Township 30 South, Range 27 East, ~.D.M., County of Kern, State of
California, more particularly described as follows:
Beginning at the Northeast corner of the Northwest 1~ of the Southwest ~ of said
Section 26, distant South 89°43'13" East, I321.74 feet from the West ~ corner of
said Section, also being a point on the existing corporate boundary of the City
of Bakersfield;
THENCE (1) South 00°O0'31" East, along therapist line of the Northwest ~ of
the Southwest ~ of said Section 26, and Southerly prolongation thereof, 1648.87
feet to the Southeast corner of Parcel I of Parcel bfap No. 2665 filed in Book 11
of Parcel Maps at Page 184 in the office of the Kern County Recorder;
THENCE (2) North 89°38'16" West along the South line of said Parcel I, and
Westerly prolongation thereof, a distance of 1321.65 feet to a point on the West
line of said ~ection 26;
THENCE (3) Continuing North 89°38'16" West, 30.00 feet to a point on the west
line of the East 30.00 feet of said Section 27, also being the West right of way
line of Stine Road (Co. Rd. No. 157);
THENCE (4) North 00°00'43" West, along said West line, I646.97 feet to a point
on the South line of the Northeast ~ of said Section 27, also being a point on
the existing corporate boundary of the City of Bakersfield;
THENCE (5) North, East, South and East along the various courses of said
~orporate boundary to the point of beginning.
CONTAINING 56.45 ACRES (More or Less)
D29:ANN.343
RT~f:lh
(4)
""""-- W. Line, £. 30', 3. £. I/4, See. 27
i (3)
(I)
S. Line Sec. 26 -~
,SEC
M D
~P.O.B.
"'e---E Line, W. I/2, S.W. I/4, See. EB
ANNEXATION NO. $49 R~OLUTION NO.
ANNEXATION OF
8TINE No. 7
TO THE CITY OF BAKERSFIELD
55.45 *- ACRES
SC.M.E:
200 0 200 40O 600
N ........ EXIS'rlN~ COI~ORATE BOUNDAEY
· UmBEmL PI~POSED ANNEXATION B~