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HomeMy WebLinkAboutRES NO 85-00RESOLUTION NO. 8 5 "'. 0 0 A RESOLUTION MAKING FINDINGS THAT NO WRITTEN PROTEST HAS BEEN FILED AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 1282, ANNEXATION NO. 411, ANNEXED TO THE CITY OF BAKERSFIELD. (WARD 4). WHEREAS, Resolution of Application No.172-99, dated December 15, 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. 1282, Annexation No. 411, the exterior boundaries of which are described in Exhibit "A", and shown on the map marked Exhibit "B", attached hereto and iincorporated 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. 00-15, 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. 411; 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, 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 RESOLVI-'D by the Council of the City of Bakersfield as follows: 1. In accordance with Sections 5'7075 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. 1282, An~nexation No. 411, 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 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 the 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 forego ng Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on JUL 19 Z~00 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, SULLIVAN, SALVAGGIO COUNCILMEMBER ii,JO ~J ~. COUNCILMEMBER COUNCILMEMBER CITY CLERK and Ex Officio ¢/erk of the Council of the, City of Bakersfi~d APPROVED JUL 19 ZOI~D BOB P 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\r41 l-cc,wpd EXHIBIT "A" STOCKDALE NO. 14 ANNEXATION NO. 411 That parcel of land being a portion of the southeast 1/4 of Section 35, T. 29 S., R. 26 E., M.D.M., County of Kern, State of California, more particularly described as follows: Commencing at the south 1/4 comer of said Section 35 being a monumented comer and designated (by calculated conversion) to be 2, 317, 293.5442 feet North and 6,217, 443.0021 feet East per California coordinate system (N.A.D. 83), Zone 5, said 1/4 comer being on the center line of Jenkins Road and within the right of way for Stockdale Highway; Thence N 89° 37' 19" E, along the south line of said Section 35, a distance of 658.12 feet to meet the southwest comer of the bounda~ line of Tract No. 3964 per map filed for record in Book 30 of Maps, Page 188 in the office of the Kern County Recorder; Thence N 00° 26' 17" W, along the west boundary line of said Tract No. 3964, a distance of 356.58 feet to intersect the south right of way line of Morroco Avenue, said point also being the northwest comer of Lot 10 of said Tract No. 3964 which is on the existing corporate boundary line of the City of Bakersfield and is the TRUE POINT OF BEGINNING; Thence departing from said corporate boundary line along the north and east lines ef said Let t0 for courses (1) through (5) as follows: Thence (1) easterly along a non-tangent, 25.00 foot radius curve, concave to the southwest with a radial bearing ofN 00° 19' 37" W to said beginning of curve, through a central angle of 42° 50' 00" an arc distance of 18.69 feet; Thence (2) easterly along a 50.00 foot radius reverse curve (concave to the north) through a central angle of 85° 40' 00' an arc distance of 74.76 feet; Thence (3) easterly along a 25.00 foot radius reverse curve (concave to the southeast) through a central angle 42° 50' 00" an arc distance of 18.69 feet Thence (4) N 89° 40' 23" E, 28.34 feet; Thence (5) S 00° 22' 41" E, 305.46 feet to intersect the existing corporate boundary line of the City of Bakersfield; -1- Thence (6) S 89 o 37' 19" W, along said corporate boundary line, 130.00 feet to an angle point thereon; Thence (7) N 00° 26' 17" W, along said corporate bound ~ary line, 305.58 feet to the TRUE POINT OF BEGINNING. Containing 0.89 acres (more or less) O:'~Gg. OUPDA'IX~.on~am~ion No. 411 Exlfibit A. wlxl Al RO.B. 49' }-.. STOCKDALE T~)64 ~ 5 HIGHWAY I-..- VICINITY MAP ~ T3~19 zo I F i I T3620 ~ ! LIST~ ANNEXATION NO, 411 RESOLUTION NO. ANNEXATION OF STOCKDALE NO. 14 TO THE CITY OF BAKERSFIELD 0.89 -* ACRES SCAL. E: I00 0 I00 200 3~0 EXHIBIT "B" BEFORE THE LOCAL AGENCY FORMATION COMMISSION In the Matter of: CITY OF BAKERSFIELD: Annexation No. 411 (Stockdale No. 14) COUNTY OF KERN, STATE OF CALIFORNIA Proceeding No. 1282 : : Resolution No. 00-15 : 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 Perez, seconded by Commissioner Peterson, was duly adopted by the Commission at an official meeting thereof held on the 27~ day of Jane, 2000, by the following vote: AYE: Kunkel, Martincz, McLaughlin, Miller, Ortiz, Perez, Peterson NAYE: None 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. 411 (Stockdale No. 14); 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. 00-15 -2- 6,r27/00 (c) 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 6/27/00-03, 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 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. 411 (Stockdal~ No. 14) will be in the best public interest. EXHIffiY C Resolution No. 00-15 -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 June 6, 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. 411 (Stockdale No. 14). 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 g411 (Stockdale No. 14). 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.