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Home My WebLink AboutRES NO 135-91RESOLUTION NO.'I 3 5 - 9 1 A RESOLUTION MAKING FINDINGS THAT NO WRITTEN PROTEST HAS BEEN FILED AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 1062, ANNEXATION NO. 342, OAKHAVEN NO. 1, ANNEXED TO THE CITY OF BAKERSFIELD AND INCLUDED IN THE GREATER BAKERSFIELD SEPARATION OF GRADE DISTRICT (WARD 4). WHEREAS, Resolution of Application No. 12-91, 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. 1062, Annexation No. 342 (Oakhaven No. 1); and WHEREAS, a duly noticed public hearing upon said pro- posal was held before the Commission on June 11, 1991; and WHEREAS, following said public hearing the Commission, on June 11, 1991, adopted its Resolution Making Determination, being Resolution No. 91-24, recorded in Minute Book 38 of said Commission; and WHEREAS, on June 17, 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 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 bene- fited by inclusion in the district; and WHEREAS, on June 5, 1991, the Council of the City of Bakersfield adopted its Resolution No. 93-91 specifying that unless excluded by the City Council, all portions of proposed OAKHAVEN NO. 1 Annexation 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, the 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. 93-91. 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. 1062, Annexation No. 342 (Oakhaven No. 1), 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 OAKHAVEN NO. 1, 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. .......... 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 on JUL I ? ~99~ , by the following vote: AYES: COUNCILMEMBERS EDWARDS./D~MONO.-~I~H. BRUNNI. PETERSON, McOERMOTI', SALVAGGIO NOES; COUNCILMEMBERS: A~SENT COUNCILMEMBERS: ..,~7 / FH . ~i~TAIN: COUNCILMEMBERS' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED ,JUl 1 7 lqql Vice-MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield MO/pjt 5/rolcc - 4 - EXHIBIT A ANNEXATION NO. 342 OAKHAVEN NO. 1 Beginning at the northwest corner of the south half of Lot 6 in Section 15 as said lot is shown on MAP OF LANDS OF KERN CCUNTY LAND CC~IPANY IN SECTION 15, T.29 S, R.27 E., M.D. B. & M. in the County of Kern, State of California, filed April 8, 1892 in the office of the Kern County Recorder, said point also being on the existing corporate boundary of the City of Bakersfield; THENCE (1) South 89° 44' 10" East, along the North TM = ~n_ of the South half of said Lot 6, a distance of 660.27 feet, said line also being a portion of the _xt_r~o_ boundary of Tract ~]o. 2477 pe~.r map filed ~n ~p Book 11, P~ge !82 in the office of the Kern County Recorder; THENCE (2) South 00° 29' 37" East, continuing along s~id tract boundary, a distance of 671.68 feet to the Southeast corner of said Lot 6; THENCE (3) North 89° 41' 26" West, along the South line of said Lot 6, a distance of 660.22 feet to a point on the existing corporate boundary of the City of Bakersfield; THENCE (4) North along said corporate boundary line to the point of beginning. CONTAINING 10.18 ACRES (~ore or Less) D29:OAK~VEN.i RTY: lh TR () P.O.B. (4) ~ (2) "I (3) YE T 2~ .S Fi 27 E ~ALE5 AVE. CENTRAL SHOP SITE LANDS MAP /14 ANNEXATION NO. 342 RESOLUTION NO, ANNEXATION OF OAKHAVEN No. 1 TO THE CiTy O,F BAKERSFIELD lO. 18 ~: ACRES SCALE: EO0 0 200 400 ~:~0 .... '-'-'-'- EXISTING CORPORATE BOUNDARY mmmmmi PROPOSED ANNEXATION BOUNO~RY EXHIBIT "B"