HomeMy WebLinkAboutRES NO 84-00RESOLUTION NO. 8 Z~ -0 0
A RESOLUTION MAKING FINDINGS THAT NO WRI'rTEN
PROTEST HAS BEEN FILED AND ORDERING THE
TERRITORY DESIGNATED AS PROCEEDING NO. 1281,
ANNEXATION NO. 410, ANNEXED TO THE CITY OF
BAKERSFIELD. (WARD 4).
WHEREAS, Resolution of Application No.142-99, dated September 22, 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. 1281,
Annexation No. 410, 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 June 27, 2000; and
WHEREAS, following said public hearing the Commission, on June 27, 2000,
adopted its Resolution Making Determination, being Resolution No. 00-14, 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, JULY
19, 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. 410; and
WHEREAS, the laws and regulations relating to the preparation and adoption of
Negative Declaration as set fodh in accordance with CEQA has been duly followed; and
WHEREAS, said territory lies within the Greater Bakersfield Separation of Grade
District; and
WHEREAS, the reason for the annexation is that the property owner desires to
receive city services.
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. 1281, Annexation
No. 410, 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 Locajl~A~(,:.-':~.~
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 Greater Bakersfield Separation of Grade District and
shall furnish such Secretary with a certified copy of this resolution.
6. That the Clerk shall forthwith transmit a copy of this resolution to James
R. Parker, Jr., cio Greater Bakersfield Separation of Grade District, P.O. Box 2205,
Bakersfield, CA 93303.
......... 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
JUL 19 2000 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, SULLIVAN, SALVAGGIO
COUNCILMEMBER /~'O
COUNCILMEMBER NO P~ ~,
COUNCILMEMBER pJD I~
CITY CLERK and Ex Officio C¢l'q/rk of the
Council of the City of Bakersfie~f
APPROVED JUL ]_9 ~.001}
BOB PFC/CE
MAYOR of the City of Bakersfield
APPROVED as to form:
BART J. THILTGEN
City Attorney
BY:
CARL HERNANDEZ III
Assistant City Attorney
MO:pjt
July 3, 2000
S:~Annexation\r410-cc.wpd
EXHIBIT "A"
ALLEN ROAD NO. 3
ANNEXATION NO. 410
That Parcel of land being a portion of the east ¼ of Section 26, T. 29 S., R. 26 E., M.D.M.,
County of Kem, State of Califomia, more particularly described as follows:
Commencing at the southeast comer of said SectiOn 26, being a monumented comer and
designated Coy calculated conversion) as 2,322, 543.3571 feet North and 6,220, 137. 9047 feet
East per California Coordinate System (N.A.D. 83) Zone 5;
Thence N 00 ° 17' 19" W, along the east line of the southeast 1/4 of said Section 26, a distance of
1324.82 feet to the southeast comer of Parcel 2 of Parcel Map Waiver No. 495 per Certificate of
Compliance filed for record in Book 5632, Page 1264, official records, in the office of the Kern
County Recorder;
Thence S 89° 45' 31" W, along the south line of said Parcel 2, a distance of 30.00 feet to intersect
the west right of way line of Allen Road, also being a point o.n the exterior boundary line of the
existing corporate boundary of the City of Bakersfield and the TRUE POINT OF BEGINNING;
Thence westerly along the south line of said Parcel 2 (PMW 495) for courses (1) through (6) as
follows:
Thence (I) S 89° 45' 31" W, 622.00 feet;
Thence (2)N 88° 08' 48" W, 270.05 feet;
Thence (3) N 70° 22' 50" W, 691.88 feet;
Thence (4)N 47° 34' 59" W, 202.46 feet;
Thence (5) N 60° 22' 22" W, 143.91 feet;
Thence (6) N 89° 11' 25" W, 781.55' feet to intersect the east line of the west 20.00 feet of the
east ¼ of said Section 26, also being a point on the east fight of way line of Jenkins Road (Co.
Rd. No. 560);
Thence (7) N 00 ° 20' 10" W, along said east line, 2176.50 feet to intersect the boundary line of
Parcel "G" of Lot Line Adjustment No. 93-94 per Certificate of Compliance filed for record as
Document No. 0195131010 in the office of the Kern County Recorder;
Thence along the boundary line of said Parcel "G" for courses (8) through (10) as follows:
Thence (8) N 89° 39' 04" E, 468.05 feet;
Thence (9) N 00° 20' 07" W, 801.80 feet;
Thence (10) N 89° 38' 56" E, 500.21 feet to the southwest comerof Parcel 1 of Parcel Map No.
9031 filed for record in Book 41 of Pareel Maps, Page 122, in the Kern County Reeorder's
Office.
Thence (11) N 00° 20' 05" W, along the west line of said Parcel 1, a distance of 521.37 feet
intersect the noah line of said Section 26, also being a point on the center line of State Route V1 ~
KER-58 (Rosedale Highway);
Thence (12) N 89° 35' 52" E, along said section line (and center line) 945.44 feet to the northeast
corner of Parcel 3 of said Parcel Map No. 9031;
Thence (13) S 00° 21' 50" E, along the east line of Parcels 3 and 4 of said Parcel Map No. 9031,
a distance of 627.79 feet to meet the boundary. line of Parcel "G" of said Lot Line Adjustment
No. 93-94;
Thence along the boundary line of said Parcel "G" for courses (14) through (18) as follows:
Thence (14) S 45° 17' 30" E, 176.80 feet;
Thence (15) N 89° 42' 30" E, 70.55 feet;
Thence (16) S 00° 17130" E, 760.33 feet;
Thence (17) S 89° 42' 17" W, 1040.18 feet;
Thence (18) S 00° 17' 43" E, (said line also being the west right of way line of Palm Ranch
Street) l135.00feet to interseet the eastYwestmid-section line ofsaid Section 26;
Thence (19) N 89 o 42' 17" E, along said mid-section line (cefiter line of partially dedicated Palm
Avenue), 1530.11 feet to intersect the west fight of way line of Allen Road, also being a point on
the existing corporate boundary of the City of Bakersfield;
The (20) S 00° 17' 19" E, along said fight of way line and corporate boundary line, 1324.78 feet
to the POINT OF BEGINNING.
Containing 144.09 acres (more or less)
G:\GROUPDA'I~ROnXAIlen Rd No. 3 Annex No. 410 Exhibit A.wpd
KERN COUNTY SURVEYORS
Approved by
ORIGINAL
....... VICINITY MAP
ANNEXATION .0. ,~[{;I R~SOLUTiON NO
ANNEXATION OF
ALLEN ROAD NO.
TO THE CITY OF BAKERSFIELD
!_4._4_. q 92_ Ac~s
SCALE: ( FEET )
EXHIBIT "B"
:(9)
(e)
(5)
I (~5)
(16):
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2, PMW NO. 495
(4)
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(20):
(2) (~)
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In the Matter of.'
EXHIBIT C
BEFORE THE LOCAL AGENCY FORMATION COMMISSION
CITY OF BAKERSFIELD:
Annexation No. 410
(Allen Road No. 3)
COUNTY OF KERN, STATE OF CALIFORNIA
Proceeding No. 1281
:
: Resolution No. 00~14
:
: 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 27th day of
June, 2000, by the following vote:
AYE: Kunkel, Martinez, McLaughlin, Miller, Ortiz,
NAYE: None
ABSTAIN: Perez, Peterson
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. 410 (Allen road No. 3); 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 June 27, 2000, and
LAFCKC #6 -1-
EXHIBIT C
Resolution No. 00-14 -2- 6/27100
(e) On June 27, 2000, the Commission as a responsible agency considered the City's
Negative Declaration; and
(d) The Commission is fully advised in the premises:
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 6/27/00-02, 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 ~n ali respects as required by law.
(ii) The territory proposed to be annexed is uninhabited.
(iii) There is 100% landowner consent.
(iv) The facts set out in the REPORT AND RECOMMENDATION of the
Executive Officer dated June 21, 2000, are true.,
(v) The annexation to the City of Bakersfield designated as Annexation No. 410
(Allen Road No. 3) will be in the best public interest.
Resolution No. 00-14 EXHIBIT C
-3- 6/27/00
3. The annexation to the City of Bakersfield as set forth in the APPLICATION
FOR PROCEEDING ON RESOLUTION BY LEGISLATIVE BODy, filed herein on June6,
2000, is hereby approved with notice and hearing subject to an election, and 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. 410 (Allen road No. 3). 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, tn-wit: City of Bakersfield: Annexation g410 (Allen Road No.
3).
5. The City Council of the City of Bakersfield is designated as the conducting
authority, and is hereby directed to initiate annexation proceedings with 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.