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HomeMy WebLinkAboutRES NO 196-89RESOLUTION NO. 196-89 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 1010, ANNEXATION NO. 334, STINE NO. 6, ANNEXED TO THE CITY OF BAKERSFIELD AND INCLUDED IN THE GREATER BAKERSFIELD SEPARATION OF GRADE DISTRICT (WARD 6). WHEREAS, Resolution of Application No. 109-89, dated June 14, 1989, was submitted to the Local Agency Formation Commission of Kern County ("Commission") for the annexation of territory of the City of Bakersfield designated as Proceeding No. 1010, Annexation No. 334 (STINE NO. 6); and WHEREAS, a duly noticed public hearing upon said pro- posal was held before the Commission on the October 24, 1989; and WHEREAS, following said public hearing the Commission on October 24, 1989, adopted its Resolution Making Determination, being Resolution No. 89-39, recorded in Minute Book 36 of said Commission, designating the City of Bakersfield as the conducting authority and authorizing said City to annex such territory without notice and hearing and without election. WHEREAS, proceedings have been commenced for the annexa- tion of certain unincorporated territory, designated as STINE NO. 6, to the City .of Bakersfield; and WHEREAS, said territory lies outside the Greater Bakers- field Separation of Grade District; and WHEREAS, S.~ction 8290 of the Streets and Highway Code of the State of California provides that the unincorporated territory of a county which wss not included within a separation of grade district at the time of ~ormation 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 benefited by inclusion in the district. WHEREAS, on November 1, 1989, the Council of the City of Bakersfield adopted its Resolution No. 187-89 specifying that unless excluded by the City Council, all portions of proposed Stine No. 6 Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District, and setting WEDNESDAY, NOVEMBER 29, 1989, 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 inclusion within said district 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 NOVEMBER 29, 1989, in all respects in accordance with Resolution No. 187-89. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The description of the exterior boundaries of the territory annexed is contained in Exhibit "A", attached hereto and incorporated in this Resolution as though fully set forth herein. 2. That the said territory designated as Proceeding No. 1010, Annexation No. 334 (Stine No. 6), and described herein, and every part thereof, is hereby ordered annexed to the City of Bakersfield. 3. That the Clerk shall forthwith transmit six certified copies of this resolution ordering a change of organization, along with any required remittance to couer 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 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. 5. 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 $tine No. 6, as described in Exhibit 6. In accordance with Section 8295 of the Streets and Highways Code, at its discretion, the City Council determines 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. 7. All portions of said uniacorporated territory shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District. 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 _ November 29, 1989 , by the following vote: AYES COUNClLMEMt~ERS EDWARDS. D.~'tOND, SMITH BRUNNI, PETERSON McDERMOTT SALVAGGIO r~O[S COU~C',LMEMBERS i~e ' ASS ISTANT CITY CLER~~ and Ex Of?"~io Clerk of the Council of the City d~7 Bakersfield APPROVED Nov~.ber 29, 1989 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTNETf.~ City of Bakersfield Exhibit "A" Exhibit "B" A ANEX 5 GS.ANNEX1 11/17/89 - 4 - EXHIBIT "A" STINE NO. 6 A p~rcel of land being a portion of ~e Northeast ~of Section 27, Township 30 Sc~Jth, Range 27 East, M.D.B. & M., County of Kern, State of Califor~lia, n~re particularly described as follows: Beginning at the point ¢,f intersection of the north right of way line of the Arvin-Edison Intake Canal and ~e west line of the east 30.00 feet of the Northeast~4of said Section 27, said point also being on the existing corporate boundary of the City of Bakersfield; ~IENCE (1) South 00"34'22" West, along said west line, a distance of 1452.95 feet to a point on the South line of the Northeast ~ of said Section 27; IlIENCE (2) North 89"03'32" West, along said south line a distance of 570.01 feet to the west line of the east 600.00 feet of said Northeast ~ Section; ll{ENCE (3) North 00"34'22" East, along said west line, a distance of 1060.84 ~eet to a point on the westerly riglit of way line of the Arvin-Edison Intak~ Canal; R]~ENCE following said Westerly canal right of way line for the following five (5) courses: ~IENCE (4) North 08"24'26" West, 171.~2 feet; ~IENCE (5) South 81°35'34" West, 84.00 Feet; ~IENCE (6) North 08'24'26" West, 365.00 feet to ~]e beginning of a 361.00 foot radius curve, concave to ~]e Souripest; ~IENCE (7) Northwesterly along said curve through a central angle of 22'58'14" an arc distance of 144.73 feet; ~IENCE (8) North 31~22'40" West, 110.72 feet to a point on the south line of ~]e north 30.00 feet o~ the Northeast ~of said Section 27, said point also being on U~e existing corporate k~undary of the City of Bakersfield; ~IENCE (9) East and South along said existing corporate boundary to the Point of Beginning. Containing 36.37 Acres (more or less) 4:E.ASTINE6 ~rY:wrn ANNEXATION OF STINE No. 6