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HomeMy WebLinkAboutRES NO 39-00RESOLUTION NO. 3 9" 0 0 A RESOLUTION MAKING FINDINGS THAT NO WRI'FI'EN PROTEST HAS BEEN FILED AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 1277, ANNEXATION NO. 409, ANNEXED TO THE CITY OF BAKERSFIELD. (WARD 1). WHEREAS, Resolution of Application No.127-99, dated August 25, 1999, 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. 1277, Annexation No. 409, the exterior boundaries of which are described in Exhibit "A", and shown on the map marked Exhibit "B", attached hereto and incorporated herein by this reference; and WHEREAS, a duly noticed public hearing upon said proposal was held before the Commission on March 28, 2000; and WHEREAS, following said public hearing the Commission, on Mamh 28, 2000, adopted its Resolution Making Determination, being Resolution No. 00-06, recorded in Minute Book 47 of said Commission said Resolution is attached hereto as Exhibit "C" and is incorporated herein say this resolution; and WHEREAS, the City Clerk of the City of Bakersfield set WEDNESDAY, APRIL 26, 2000, at the hour of 7:00 p.m. (or as soon thereafter as the matter may be heard) in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time, date and place that the City Council shall consider adoption of this Resolution ordering the annexation of territory designated as Annexation No. 409; and WHEREAS, the laws and regulations relating to the preparation and adoption of Negative Declaration as set forth in accordance with CEQA has been duly followed; and WHEREAS, the City of Bakersfield owns said territory; and WHEREAS, the City of Bakersfield wishes to use the property for farming with treated effluent spreading operations; and WHEREAS, irrigation using treated effluent is permitted "by right" in accordance with the existing County zoning regulations. 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 no written protests have been filed on the territory to be annexed. 2. That the said territory designated as Proceeding No. 1277, Annexation No. 409, as 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 Reorganization 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 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. ......... 000 ........ 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 /~PR 2 6 2000 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER ~O~ I~. COUNCILMEMBER 1'4 · 1,,/~.. COUNClLMEMBER J~l b.~-. CITY CLERK and Ex Officio ~,J'erk of the Council of the City of Bakersfi~d APPROVED APR g6 Z000 MAYOR of the City of Bakersfield APPROVED as to form: BART J. THILTGEN City Attorney CARL HERNANDEZ III Assistant City Attorney MO:pjt April 3, 2000 res\r409-cc 2 EXHIBIT "A" MUNICIPAL FARM NO. 5 ANNEXATION NO. 409 A parcel of land being portions Sections 14 and 23, T.31 S., R.28 E., M.D.M., County of Kern, State of California, more particularly described as follows: Commencing at the Northwest corner of said Section 14, said corner being monumented and designated by calculated conversion to be 2,274,205. 4256 feet North and 6,278,008.4624 feet East per California Coordinate System (N.A.D. 83) Zone 5; Thence South along the West line of said Section 14, a distance of 2653.67 feet (more or tess) to the Northwest comer of the Southwest 1/4 of said Section 14, said point being on the existing corporate boundary of the City of Bakersfield and is the "TRUE POINT OF BEGINNING"; Thence (1) Easterly, along the North line of the Southwest 1/4 of said Section 14 to intersect the West line of the East % of the Southwest 1/4 of said Section; Thence (2)Southerly, along last described West line, to intersect the South line of the North 20 acres of the East % of the Southwest 1/4 of said Section 14; Thence (3) Easterly, along last described South line to intersect the East line of the Southwest 1/4 of said Section 14; Thence (4) Southerly along last described East line, a distance of 4.80 feet (more or less) to intersect the South line of the North 658.50 feet of the Southeast 1/4 of said Section 14; Thence (5) Easterly, along last described South line to intersect the East line of the West 413.82 feet of the Southeast 1/4 of said Section 14; Thence (6) Southerly along said described East line to intersect the North line of said Section 23; Thence (7) Easterly along last described North line to intersect the West line of the East 30 feet of said Section 23, said West line also being the West right of way line of Fairfax Road (Co. Rd. No. 410); Thence (8) Southerly along last described West line to intersect the North line of the South 30 feet of said Section 23, said North line also being the North right of way line of Bear Mountain Boulevard (State Route VI-KER-223); Thence (9) Westerly along last described North line to intersect the West line of the East % of said Section 23, said point also being on the existing corporate boundary of the City of Bakersfield; Thence along said corporate boundary line for the following three courses: Page 1 or' 2 Thence (10) Northerly along last described West line intersect the North line of said Section 23; Thence (11 ) Westerly along last described North line to meet the Southwest corner of said Section 14; Thence (12) Northerly along the West line of said Section 14 to the TRUE POINT OF BEGINNING. Containing 476,94 Acres (more or less) KER,~; COL..'~TY SURVEYORS OFF!G.~ Dar e_` ,~..~./.z~...f~ .~_/_..~'_ ..... =.-.= G:~GR OU P DA'l~Rm~Annex~on 409-F.~ A-Munlcl~l Farm No. 5.v4~1 Page 2 of 2 ANNEXATION OF MUNICIPAL FARM NO. 5 EXHIBIT "B" VICINITY MAP EXHIBff C ' BEFORE THE LOCAL AGENCY FORMATION COMMISSION In the Matter of: CITY OF BAKERSFIELD: Annexation No. 409 (Municipal Farm No. 5) COUNTY OF KERN, STATE OF CALIFORNIA Proceeding No. 1277 : : Resolution No. 00-06 : : Minute Book 47 I, William A. Turpin , Executive Officer, of the LOCAL AGENCY FORMATION COMMISSION, COUNTY OF KERN, STATE OF CALIFORNIA, hereby certify that the following resolution, proposed by Commissioner McLaughlin, seconded by Commissioner Ortiz, was duly adopted by the Commission at an official meeting thereof held on the 28t~ day of March, 2000, by the following vote: AYE: Kunl~el, Martinez, McLaughlin, Miller, Ortiz, Petemon NAYE: None ABSENT: Perez RESOLUTION MAKING DETERMINATION Section 1. WHEREAS: (a) A proposal has been submitted to this Commission for the annexation of territory to the City of Bakersfield designated as Annexation No. 409 Municipal Farm No. 5); and (b) Pursuant to notice published, posted and mailed, as prescribed by law, a public hearing upon the proposal was held before this Commission on March 28, 2000, and LAFCKC #6 Resolution No. 00-006 -2- 3/28/00 (c) On March 28, 2000, the Commission as a responsible agency considered the City's Notice of Exemption; and (d) The Commission is fully advised in the Eremises: Section 2. NOW, THEREFORE, BE IT RESOLVED by the Local Agency Formation Commission, County of Kern, State of California, as follows: 1. Specific reference is hereby made to all the papers, documents, files and proceedings heretofore and now taken, had and filed in this matter with particular reference to Minute Item 3/28/00-02, as appears upon the official minutes of the proceedings of this Commission. 2. The Commission now finds and determines: (i) All of the proceedings heretofore and now taken and had in this matter have been and now are in all respects as required by law. (ii) The territory is owned by the City and will be used for disposal of treated wastewater. Therefore, this annexation meets the requirements of Government code Section 56111. (iii) The territory proposed to be annexed is uninhabited. (iv) There is 100% landowner consent. (iv) The facts set out in the REPORT AND RECOMMENDATION of the · Executive Officer da~ed March 22, 2000, are true. (v) The annexation to the City of Bakersfield designated as Annexation No. 409 (Municipal Farm No. 5) will be in the best public interest. Resolution No. 00-06 -3- 3/28/00 3. The annexation to the City of Bakersfield as set forth in the .APPLICATION FOR PROCEED]lNG ON RESOLUTION BY LEGISLATIVE BODY, filed herein on March 7, 2000, is hereby approved without notice and hearing or an election subject to the following CONDITION RECOMMENDED BY EXECUTIVE OFFICER: "The City of Bakersfield shall sign an agreement to actively defend or indemnify and hold harmless the Kern County Local Agency Formation Commission or its agents, officers and employees, from any liability or loss connected with the approval of City of Bakersfield: Annexation No. 409 (Municipal Farm No. 5). Said agreement shall be signed prior to the issuance of the Executive Officer's Certificate of Completion for said annexation." 4. There is hereby assigned to the territory proposed to be annexed the following distinctive short form designation, to-wit: City of Bakersfield: Annexation g409 {Municipal Faro No. 5). 5. The City Council of the City of Bakersfield is designated as the conducting authority, and is hereby directed to initiate annexation proceedings without notice and hearing in compliance with this resolution. 6. The territory proposed for annexation, and which annexation is hereby approved, all within the County of Kern, State of California, is particularly described and delineated in Exhibit "A" attached hereto and by reference made apart hereof.