Loading...
HomeMy WebLinkAboutRES NO 33-91RESOLUTION NO. 33-91 A RESOLUTION MAKING FINDINGS THAT NO WRITTEN PROTEST HAS BEEN FILED AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 1049, ANNEXATION NO. 338, AKERS NO. 4, ANNEXED TO THE CITY OF BAKERSFIELD AND INCLUDED IN THE GREATER BAKERSFIELD SEPARATION OF GRADE DISTRICT (WARD 6). WHEREAS, Resolution of Application No. 138-90, dated October 3, 1990, 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. 1049, Annexation No. 338 (Akers No. 4); and WHEREAS, a duly noticed public hearing upon said pro- posal was held before the Commission on the February 12, 1991; and WHEREAS, following said public hearing the Commission, on February 12, 1991, adopted its Resolution Making Determination, being Resolution No. 91-10, recorded in Minute Book 38 of said Commission; and WHEREAS, on February 19, 1991, the City Clerk of the City of Bakersfield set WEDNESDAY, MARCH 13, 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 AKERS NO. 4 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 formaticn 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 no~ be benefited by inclusion in the district. WHEREAS, on January 30, 1991, the Council of the City of Bakersfield adopted its Resolution No. 18-91 specifying that unless excluded by the City Council, all portions of proposed Akers No. 4 Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District, and setting WEDNESDAY, MARCH 13, 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 MARCH 13, 1991, in all respects in accordance with Resolution No. 18-91. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. In accordance with Sections 57075 and 57978 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. 1049, Annexation No. 338 (Akers No. 4), 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. 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 Akers No. 4, 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. .......... 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 on MAR 1 3 1661 , by the following vote: AYES; COUNCILMEMBERS EDWARDS, DeMOND, SMI?H. OF.;;;:;;, PETERSON. McDERMOTT, SALVAGGIO NOES; COUNCILMEMBERS: ABSENT COUNCILM.F MBERS: ABSTAIN: COUNCILMEMBERS' CI the Council of the City of Bakersfield APPROVED MAR 1 3 1991 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: · ~ LUNARDINI CITY ATTORNEY of the City of Bakersfield LCM/meg Attachment Exhibit "A" Exhibit "B" A ANEX 5 HNG.AK4.1 3/6/91 - 4 - EXHIBIT "A" AKERS NO. 4 ANNEXATION NO. 338 A parcel of Land situated within Sections 26 and 35 of T. 30 S., R. 27E., M.D.M. in the County of Kern, State of California more particularly described as follows: Beginning at the >loftbeast corner of the Southwest ~4 of the Northeast ~ of said Section 26 also being a point on t~he North right of way line of fine ~in-Edison IntaKe Canal and a point on the existing corporate boundary of the ~l~y of Bakersfield; THENCE (1) South along the East line of the Southwest ~ of the Northeast ~ and the East line of the >Iorthwest ~ of the Southeast ~ of said section 26, a distance of 2637.06 feet (mor~ or less) to the Southeast corner thereof; THENCE (2) East along the ~orth line of the Southeast ~of the Southeast ~of said Section 26 a distance of 656.67 feet to the West line of the East 665 feet thereof; THENCE (3) South along said East line 1318.71 feet to a point on the North line of said Section 35; THENCE (4) West along said North line 656.73 feet to the Northeast corner of Lot 3 in said Section 35 as lots are designated on "Sales ~ap No. 1 of Lands of J. B. HAGGIN" filed May 3, [889 in the office of the Kern County Recorder; THENCE (5) South along the East line of said lot 659.05 feet to the Northwest corner of Lot 2 of said sales map; THENCE (6) East along the North line of said Lot 2 a distance of 1291.49 feet to a point on the %'~st right of way line of Wible Road (Co. Rd. No. 50) THENCE (7) South along said East 30 feet of Lots 2, 15, the South right of way line West right of way line, also being the West line of the 16 and 17 a distance of 2007.39 feet to a point on of McKee Road (Co. Rd. No. 191); THENCE (8) %'~st along said 30 feet of lots 17 and 19, line of LOt 20; right of way line, also being the South line of the North a distance of 1951.98 feet to a point on the east TH~CE (9) South along the East line of lots 20 and 29 a distance of 2576.06 feet to a point on the North right of w~y line of Taft Highway (State Route V1-KER-119); THENCE (10) West along said 30 feet of Lots 29, 28, 27, to a point on the East line right of way line, also being the North line of the South 26 and 25 a distance of 2702.34 feet (more or less) of the West 600.41 feet of said lot 25; THENCE (11) North along said East line 464 feet to a point on ~he North line of the South 494 feet of said Lot 25; THENCE (12) West along said South line 148 feet to a point on the East line of the West 452.41 feet of said Lot 25; D~7:A4AA -1- K~Y:wrn T~IENCE (13) North along said East line 823.71 feet (more or less) to a point on the North line of said Lot 25; THENCE (14) East along said North line, 208.I9 feet (more or less) to the Southwest corner of Lot 23 of said Sales ~ap; TH~iqCE (15) North along the West line of Lots 23. and 10 a distance of 1347.73 feet to a point on the North right of way line of ~cKee Road (Co. Rd. No. 191); THENCE (16) East along said right of way line, also being the North line of the South 30 feet of lots 10 and 11 a distance of 1321.32 feet to a point on the East line of said Lot 11; THENCE (17) North along said East line 1287.88 feet to t_he Southeast corner of lot 6; THENCE (18) West along the south line of Lots 6, 7 and 8 ~ distance of 1952.13 feet to a point on the East line of the %~st 30 feet of said lot 8, also being on the East line of Stine Road (Co. Rd. No. 157); THENCE (19) North along said East line 1317.66 feet to a point on the t]orth line of said Lot 8 also being on the South line of said section 26; THENCE (20) East along said section line 1291.54 feet to the Southwest corner of the East ~of the Southwest ~of said Section 26; THENCE (21) North along the %~st line of the East ~of the Southwest ~of said Section 26, a distance of 2639.01 feet (more or less) to a point on the existing cor- porate boundary. of the City of Bakersfield; %}{ENCE (22) Northerly and Easterly along said existing corporate boundary line, to the point of beginning. CC6T]TAINING 668.75 CROSS ACRES (more or less) COUNTY, .,UR¥_ f,~,,,S OFFICE 13ate ~-7--8-c~O D27:A4AA.2 -2- (21) (2) (3) (4) ' t ~t I ' , (17) ...... !rio) / \ ,..., (7) r (15) ~ 36 ANNEXATIOH OF AKERS NO. 4 EXHIBIT "B"