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HomeMy WebLinkAboutRES NO 149-89RESOLUTION NO. 149-89 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS THAT INSUFFICENT WRITTEN PROTESTS HAVE BEEN FILED AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 1000, ANNEXATION NO. 331, ALLEN NO. 1, ANNEXED TO THE CITY OF BAKERSFIELD AND INCLUDED WITHIN THE GREATER BAKERSFIELD SEPARATION OF GRADE DISTRICT WHEN CONTIGUOUS THERETO (WARD 4). WHEREAS, Resolution of Application No. 34-89, dated March 1, 1989, 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. 1000, Annexation No. 331 (Allen No. 1); and WHEREAS, a duly noticed public hearing upon said proposal was held before the Commission on July 25, 1989; and WHEREAS, following said public hearing the Commission, on July 25, 1989, adopted its Resolution Making Determination, being Resolution No. 89-25, recorded in Minute Book 36 of said Commission; and WHEREAS, on August. 9, 1989, the City Clerk of the City of Bakersfield set WEDNESDAY, AUGUST 30, 1989, 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, the public hearing was duly and regularly con- ducted by and before the City Council at its meeting of August 30, 1989; and WHEREAS, proceedings have been commenced for the annexa- tion of certain unincorporated territory, designated as ALLEN NO. 1, to the City of Bakersfield; and WHEREAS, ~aid 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 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 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 July 12, 1989, the Council of the City of Bakersfield adopted its Resolution No. 130-89 specifying that unless excluded by the City Council, all portions of proposed Allen No. 1 Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District and setting WEDNESDAY, AUGUST 30, 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 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 AUGUST 30, 1989, in all respects in accordance with Resolution No. 130-89. NOW, THEREFORE, BE IT RESOLVED by the Council of the C~ty of Bakersfield as follows: 1. In accordance with Sections 57075 and 57078 of the Government Code, it is hereby found that written protests, if any, ~iled and not withdrawn prior to the conclusion of the hearing represent landowners owning less than 50 percent of the assessed value of the land ~ithin the territory to be annexed. 2. The description of the exterior boundaries o~ the territory annexed is contained in Exhibit "A", attached hereto and incorporated in this Resolution as though fully set forth herein. 3. That the said territory designated as Proceeding 1000, Annexation No. 331 (Allen No. 1), and described herein, every part thereof, is hereby ordered annexed to the City of Bakersfield. No. and - 2 - 4. That the Clerk shall forthwith transmit six certified copies 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 Allen No. 1, as described in Exhibit 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, when contiguous thereto. 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 resol~ation 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 AU~ ~ 0 ~ , by the following vote: AYES: COUNCILMEMBERS: ANTHONY, DeMOND SMITH, RA~-Ty, PETERSON, McDERMOTT, SALVAGGIO NOES: COUI~CILMEMBERS O[~ e ASSENT: COUNCILMEMBERS ~one ABSTAIN: COUNCILMEMBERS: NODE~ ~ITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED AU6 3 0 1996 · MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: ~-~RTHUR ~-. 'SA~IE~D ' -- CITY ATTORNE~ o~the,}City of Bakersfield AJS/meg Attachments Exhibit "A" Exhibit "B" A ANEX 5 GS.P.ALi.1 8/23/89 - 4 EXHIBIT "A" ANNEXATION NO. 331 ALLEN ROAD NO. 1 A parcel of land situated in the County of Kern, State of California, being a portion of Sections 25, 26, 35 and 36, Township 29 South, Range 26 East and Sections 30 and 31, Township 29 South, Range 27 East, M.D.B. & M., more particularly described as follows: Beginning at a point of intersection of the South line of Section 36 and the West line of the Southeast quarter of the Southeast quarter of Section 36, said point being on the Corporate Boundary of the City of Bakersfield; Thence (1) Westerly along said South line, a distance of 3959.14 feet more or less, to a point of intersection of the West line of said Section 36 and the South line of said Section 36, said point of intersection also being on the Corporate Boundary of the City of Bakersfield; Thence (2) Westerly along the South line of Southeast quarter of Section 35, a distance of 55 feet more or less, to the West line of the East 55 feet of said Southeast quarter of Sect[on 35, said South line also being on the Corporate Boundary of the City of Bakersfield; Thence (3) Northerly along the said West line of the East 55 feet of Southeast quarter of Section 35 as shown in Tract 3619 recorded in Book 28 of Maps, Page 138 on January 22, 1979 and Tract 3620 recorded in Book 30 of maps, Page 186 on March 12, 1981, a distance of 1649.87 feet more or less, to the North boundary line of Tract 3619, said West line also being the West right of way line of Allen P~ad; Thence (4) Easterly along said North boundary line of Tract 3619, a distance of 25 feet more or less, to the West line of the East 30 feet of the Southeast quarter of Section 35, said West line also being the West right of way line of Allen Road (County Road 67); Thence (5) Northerly along said West line a distance of 989.77 feet more or less, to the North line of the said Southeast quarter of Section 35; Thence (6) continuing Northerly along the West line of the East 30 feet of the Northeast quarter of Section 35, a distance of 1649.85 feet more or less, to the South Boundary line of Tract 3248 recorded in Book 22 of Maps, Page 59 on October 19, 1971; Thence (7) Westerly along said South boundary line a distance of 25 feet more or less, to the West line of the East 55 feet of the Northeast quarter of Section 35; Thence (8) Northerly along said West line and Northerly prolongation thereof, a distance of 1009.96 feet more or less, to the North line of the South 20 feet of the Southeast quarter of Section 26, said North line also being the North right of way line of Brimhall RDad; T~ence (9) Easterly along said North line a distance of 25 feet more or less, to the West line of the East 30 feet of the Southeast quarter of Section 26, said West line also being the West right of way line of Allen Road; 4:EX.ALLENRD Thence (10) Northerly along said West line a distance of 1328.86 feet more or less, to the Westerly prolongation of the South boundary line of Tract 3902 recorded in Book 27 of Maps, Page 192 on April 25, 1978; Thence (11) Easterly along said Westerly prolongation a distance of 85 feet more or less, to the East line of the West 55 feet of the Southwest quarter of 25, said East line also being the East right of way line of Allen Road; Thence (12) continuing Easterly along the South boundary line of Tract 3902 and the South line of Lot 21 and East half of Lot 22 of the "Sales Map of Lands of J.B. Haggin recorded on August 20, 1890, a distance of 2551.96 feet more or less, to the West boundary line of Tract 4274 recorded in Book 34 of Maps, Page 18 on November 6, 1984, said South boundary line and South line also being the North line of Lots 25, 26, 27 and 28 of said "Sales Map"; Thence (13) continuing Easterly along South boundary line of said Tract 4274 and Tract 4908 recorded in Book 27 of Maps, Page 192 on April 25, 1978, a distance of 1339.92 feet more or less, to the East line of the West 20 feet of said Tract 4908; Thence (14) Northerly along said East line, a distance of 1275.01 feet more or less, to the South line of the North 45 feet of the Southeast quarter of Section 25, said South line also being the South right of way line of Palm Avenue; Thence (15) Easterly along said South line, a distance of 570.56 feet more or less, to East line of Lot 4 of said Tract 4908; Thence (16) Northerly along Northerly prolongation of the said East line of Lot 4, a distance of 15 feet more or less, to the South line of the North 30 feet of the Southeast quarter of Section 25; said South line also being the South right of way line of Palm Avenue (Co. Rd. No. 828); Thence (17) Easterly along said South line, a distance of 341.91 feet more or less, to the Northerly prolongation of the West line of Lot 3 of Tract 4908; Thence (18) Southerly along said Northerly prolongation, a distance of 15 feet more or less, to the South line of the North 45 feet of the Southeast quarter of Section 25; Thence (19) Easterly along said South line, a distance of 387.53 feet more or less, to the East line of the Southeast quarter of Section 25, said East line also being the centerline of Jewetta Avenue (County Road No. 589); Thence (20) Easterly along the South line of the North 45 feet of the Southwest quarter of Section 30, a distance of 30 feet more or less, to the East line of the West 30 feet of the Southwest quarter of said Section 30, said East line also being the East right of way line of said Jewetta Avenue; Thence (21) Southerly along the said East line, a distance of 2264.78 feet more or less, to the North line of the South half of the South half of the Southwest quarter of the Southwest quarter of Section 30; 4:EX.ALLRDP2 Thence (22) Easterly along said North line, a distance of 1279.58 feet more or less, to the West line of the East half of the Southwest quarter of Section 30; Thence (23) Northerly along said West line, a distance of 447.05 feet more or less, to the point of intersection on said West line and the North line of the South 117 feet of the Northwest quarter of the Southeast quarter of the Southwest quarter of Section 30; Thence (24) N. 87° 13' 26" E. along the North boundary line of land deeded to Michael A. DePetro, recorded in Book 5701, Page 2321 on October 12, 1984 in the County of Kern, a distance of 675.45 feet more or less, to a point of intersection of the West line of the East half of the Southeast quarter of the Southwest quarter of Section 30 and the North line of the South 147 feet of the Northeast quarter of the said Southeast quarter of the Southwest quarter of Section 30; Thence (25) Southerly along the said West line, a distance of 777.30 feet more or less, to the North line of the South 30 feet of the Southwest quarter of Section 30, said North line also being the North right of way of Brimhall Road (Co. Rd. No. 589); Thence (26) Easterly along said North line, a distance of 294 feet more or less, to the West boundary line of Parcel Map No. 716 as recorded in Book 4 of Parcel Maps at Page 89 on January 10, 1973; Thence (27) or less, to Section 30; Northerly along said West boundary line, a distance of 25 feet more the North line of the South 55 feet of the Southwest quarter of Thence (28) Easterly along said North line, a distance of 380.83 feet more or less, to the West line of the Southeast quarter of Section 30; Thence (29) Southerly along said West line, a distance of 25 feet more or less, to North line of the South 30 feet of the said Southeast quarter of Section 30; Thence (30) Easterly along said North line, a distance of 675.08 feet more or less, to the West boundarly line of Parcel Map No. 2243 as recorded in Book 10 of Parcel Maps at Page 6 on May 2, 1974; Thence (31) or less, to Section 30; Northerly along said West boundary line, a distance of 25 feet more the North line of the South 55 feet of the Southeast quarter of Thence (32) Easterly along said North line, a distance 337.54 feet more or less, to the East boundary line of Parcel Map No. 2243; Thence (33) or less, to Section 30; Southerly along said East boundary line, a distance of 25 feet more the North line of the South 30 feet of the Southeast quarter of Thence (34) Easterly along said North line, a distance of 150.50 feet more or less, to West boundary line of Parcel Map No. 7999 as recorded in Book 36 of Parcel Maps at Page 178 on August 19, 1988; Thence (35) Northerly along said West boundary line, a distance of 15 feet more or less, to the North line of the South 45 feet of the Southeast quarter of Section 30; 4:EX.ALLRDP3 Thence (36) Easterly along said North line, a distance of 187.04 feet more or less, to the East boundary line of Parcel Map No. 7999; Thence (37) Southerly along said East boundary line, a distance of 15 feet more or less, to the North line of the South 30 feet of the Southeast quarter of Section 30; Thence (38) Easterly along said North line, a distance of 675.08 feet more or less, to the Northerly prolongation of West line of Lot 1 of "Sales Map of Land of J.B. Haggin" in Section 31 recorded on April 20, 1891; Thence (39) Southerly along said Northerly prolongation and West line of said Lot 1, a distance of 1349.27 feet more or less, to South line of said Lot 1; Thence (40) Easterly along said South line, a distance of 620 feet more or less, to West line of the East 40 feet of the Northeast quarter of Section 31, to a point on the corporate boundary of the City of Bakersfield; Thence (41) Southerly and Westerly along various courses of the said corporation boundary to the point of beginning. EXCLUDING THEREFROM a parcel situated in the Southeast quarter of the Southeast quarter of said Section 25, more particularly described as follows: Beginning at the intersection of the West line of the East 30 feet of the South- east quarter of Section 25 and the North line of the South 55 feet of the said Southeast quarter of Section 25, said intersection being a point in the West right of way line of Jewetta Avenue and the North right of way line of Brimhall Road, said intersection also being the True Point of Beginning for this exclusion; Thence (1) Westerly along said North line, a distance of 629.90 feet more or less to the West boundary line of Parcel Map No. 4244 as recorded in Book 19 of Parcel Maps at Page 30 on November 2, 1977; Thence (2) Northerly along said West boundary line a distance of 1265.92 feet more or less, to the North boundary line of Parcel Map No. 4244; Thence (3) Easterly along said North boundary line a distance of 629.81 feet more or less, to the West line of the East 30 feet of the Southeast quarter of Section 25, said West line also being the West right of way line of Jewetta Avenue; Thence (4) Southerly along said West line, a distance of 1264.87 feet more or less, to the True Point of Beginning for this Exclusion. Containing 1338.24 acres of land, more or less. 4: EX. ALLRDP4 LOCAL l I I I I I I I I ..REC. 30 -I: 295. I .GEC. 31 .SEC, ~2 -K 2ID ,~, ,,,, 'F. 29 S. R,27E, ANNEXATION OF EXIIIBIT