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HomeMy WebLinkAboutRES NO 152-91RESOLUTION NO.:'~ 5 2- 9 1 A RESOLUTION MAKING FINDINGS THAT NO WRITTEN PROTEST HAS BEEN FILED AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 1065, ANNEXATION NO. 345, HOSKING NO. 3, ANNEXED TO THE CITY OF BAKERSFIELD AND INCLUDED IN THE GREATER BAKERSFIELD SEPARATION OF GRADE DISTRICT (WARDS 6 & 7). WHEREAS, Resolution of Application No. 14-91, 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. 1065, Annexation No. 345 (Hosking No. 3); and WHEREAS, a duly noticed public hearing upon said pro- posal was held before the Commission on the July 9, 1991; and WHEREAS, following said public hearing the Commission, on July 9, 1991, adopted its Resolution Making Determination, being Resolution No. 91-27, recorded in Minute Book 38 of said Commission; and WHEREAS, on July 11, 1991, the City Clerk of the City of Bakersfield set WEDNESDAY, JULY 31, 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, proceedings have been commenced for the annexation of certain unincorporated territory, designated as HOSKING NO. 3 to the City of Bakersfield; and WHEREAS, said territory lies outside the Greater Bakers- field 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 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 benefited by inclusion in the district. WHEREAS, on June 19, 1991, the Council of the City of Bakersfield adopted its Resolution No. 130-91 specifying that unless excluded by the City Council, all portions of proposed Hosking No. 3 Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District, and setting WEDNESDAY, JULY 31, 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, the public hearing was duly and regularly con- ducted by and before the City Council at its meeting of JULY 31, 1991, in all respects in accordance with Resolution No. 130-91. 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. 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. 1065, Annexation No. 345 (Hosking No. 3), 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 Bakers- field Separation of Grade District of any portion or portions of the territory described as Hosking No. 3, 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, Bakers- field, 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 JUL ~ ~ ~991 , by the following vote: AYES; COUNCILMEMBERS: EDWARDS, DeMONC, SMITH, BRUNNI, P[,~,~;SC,';, McDERMOTT, SALVAGGIO NOES; COUNCILMEMBERS ABSENT COUNCILMEMBERS: A~TAIN: COUNCILMEMBERS' 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: CE M. LUNARDINI --- CITY ATTORNEY of the City of Bakersfield MO/pjt Attachment Exhibit "A" Exhibit "B" r/rsgdh3 7/17/9Z - 4 - ~BIT 'A' ANNEXATION NO. 345 HOS£ING NO. 3 A parcel of land situated tn Sections 25 and 36 of Township 30 South, Range 27 East, N.D.M., Kern Count>', California, more particulary described as follows: Commencing at a point on the east line of lot 3 in said Sect%on 36, distant South 00D36'43" West, 30.00 feet from the Northeast corner of said lot, as lots are shown on "Sales-Map No. 1 of lands of J.E. HAGGIN", filed May 3, 1889 in the office of the Kern County Recorder; Thence North 89°11'30" West, 1.00 foot to an angle point on the south right of way line of Hosking Avenue (Co. Rd. No. 2357); Thence South 83'02'52" West, along said south right of line, 193.37 feet to a point on the Easterly right of way line of State Freeway 99 (Rt. IV-KER-99) also being a point on the exlsting corporate boundary of the City of Bakersfield and tne TRUE POINT OF BEGINNING. f-~.NCE (1) South 11°31'00" East, along said freeway right of way line, 2677.91 ieet to a point on the south line of the north 30.00 feet of Lot 17 in said Section 36 (Per said 'J.B. HAGGIN" Sales Map); I-~.NCE (2) North 89°07'56" West, along said south line, 194.53 feet to a point on the westerly right of way line of said State Freewsy 99; im~NCE (3) Continuing West along thg south line of the North 30.00 feet of 17, 19, 10, 21 and 22 in said Section 36 (Per said 'J.B. HAGGIN SALES MAP"), also being the south right of way line of McKee Road (Go. Rd. No. 782), a rance of 2818.04 feet to a point on the west line of said Lot 22; i~NCE (A) North, along said west line, 30 feet to meet the southwest corner of lot ll (per said "J.B. HAGGIN SALES MA~"); '~NCE (5) North along the west line of said lot 11, a distance of 1319.08 feet to meet the sOUthWeSt corner of lot 6 (per said 'J.B.HAGGIN SALES MAP"); '£~NCE (6) East along the south line of said Lot 6, a distance of 660.70 feet to southeast corner thefor; %~tENCZ (7) North along the east line of said lot 6, a distance of 1110.78 feet to a point on the south line of the north 208.71 feet of said sectlot 36; I-~-NCE, (8) West, along said south line, 1453.24 feet (more or less) to a point on the west line for the east 792.49 feet of lot 7 (per said "J.B. HAGGIN SALES ¥-~-NCE (9) North, along said west line, 208.71 feet to a point on the north line of said section 36; I~NCE (10) Continuing north along the west line of the east 792.&9 feet of lot 26 zn said sectxon 25 (Per said "J.B. HAGGIN SA3.~S MAP'), a distance of 30.00 feet; ANN, 3A5.1 RTY :wrn ~-.~ (11) Ras~, along the north line o~ ~he south ~0 feet o~ said Section 2~, aAso being the north right of way line of ~oaking Avenue (Co. ~d. No. 782), a distance of 2334.31 feet (more or less) to a point on the west line of Parcel '~' as shown on Parcel Map No. 4351 filed in Book 19 of Parcel Maps, Page 188 in the office of the Kern County Be:order; iI~NCE (12) North 00°36'40" East, along the west l~ne of said parcel rance of 470.00 feet to the northwest corner thereof; it~NCE (13) South 89°11'30" ~ast along the north line of parcels '~" and 'C' of said Parcel Map No. 4351, a distance of 440.70 feet to the northeast corner of said Parcel C; T~ENCE (14) North O0°37'0~~ East, along the east line of Parcel "A' of said nat- tel map, a distance of 716.15 feet to a point on westerly right of way line of state freeway 99; I~NCE (15) North 78°29'00" gas~, 190.00 feet to a point on the EasterJy right of way line of said State Freeway 99, said point also being on the existing cor- porate Boutmary of the City of Bakersfield; TraNCE (16) Southeasterly, along said corporate boundary line, to the POINT OF BEGINNING; CO17TAINING 173.71 AC]~S (HOPE O~ lESS) 4:ANN.345.2 RT~f:wrn ~,~W. ~Lme. (8)I ~'. D72..~ c~'. I !(4 ) ANNEXATION OF HOSKING No. 3 TO THE C~Y OF BAKERSFIELD EXHIBIT "B"