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HomeMy WebLinkAboutRES NO 148-89RESOLUTION NO. 148-89 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 1001, ANNEXATION NO. 332, STINE NO. 5, ANNEXED TO THE CITY OF BAKERSFIELD AND INCLUDED IN THE GREATER BAKERSFIELD SEPARATION OF GRADE DISTRICT WHEN CONTIGUOUS THERETO (WARD 6). WHEREAS, Resolution of Application No. 33-89, dated March 1, 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. 1001, Annexation No. 332 (STINE NO. 5); and WHEREAS, a duly noticed public hearing upon said pro- posal was held before the Commission on the July 25, 1989; and WHEREAS, following said public hearing the Commission on July 25, 1989, adopted its Resolution Making Determination, being Resolution No. 89-26, recorded in Minute Book 36 of said Commission; designating the City of Bakersfield as the conducting authority and authorized said City to annex subject 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. 5 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 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. 131-89 specifying that unless excluded by the City Council, all portions of proposed Stine No. 5 Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District, when contiguous thereto, 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 inclusion within said district and said notice was published as required by law; and WHEREAS, t. he 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. 131-89. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The description of the exterior Doundaries 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. 1001, Annexation No. 332 (Stine No. 5), 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 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 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 desc['ibed as $tine No. 5, as described in Exhibit - 2 - 6. 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. 7. All portions of said unincorporated territory shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District, at the time said territory becomes contiguous to said 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. .......... 000 .......... - 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 AU8 ~ 0 4989 , by the following vote: ~)E~'~C~tjN~LMMEEMMB~EE~ ANTHONy, ~TM~O~N~. SMITH. RATF~. PETERSON, MCDERMOTT, SALVAGG IO ABSENT: COUNCILMEMBER8 T~,~ ~ ~ ABSTAIN: COUNCILMEMBERS: ~n F~ ~ITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED AU8 3 0 1989 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: o / e. ty of AJS/meg Attachments Exhibit "A" Exhibit "B" A ANEX 5 GS.ANNEX.1 8/23/89 EXHIBIT "A" STINE NO. 5 ANNEXATION NO. 332 A parcel of land situated in the County of Kern, State of California, consisting of portions of the Northwest quarter of Section 26 and the Northeast quarter of Section 27, Township 30 South, Range 27 East, M.D.B. & M., more particularly described as follows: Beginning at a point on the Northern right of way line of the Arvin-Edison Intake Canal, said point also being on the existing Corporate Boundary of the City of Bakersfield intersected by the East line of the West half of the Northwest quarter of said Section 26 and lying I321.78 feet (more or less) from the West line of said section; THENCE (1) South along said East line, a distance of 1453.14 feet to a point on the South line of the Northwest quarter of said Section 26; THENCE (2) North 89°43'13" West along said South line, a distance of 855.76 feet to a point on the East line of Parcel Map 2503 as recorded in Parcel Map Book 11 on Page 163 in the Office of the Kern County Recorder; THENCE (3) North 0°00'51" West along said East line, a distance of 467.00 feet to the Northeast corner of said parcel map; THENCE (4) North 89°43'13" West along the North line of said parcel map and Westerly prolongation thereof, a distance of 496 feet to a point on the West right of way line of Stine Road (Co. Rd. No. 157); THENCE (5) North 0°00'51" West along said right of way line, a distance of 985.33 feet (more or less) to a point on the North right of way line of the Arvin-Edison Intake Canal, said point also being on the Corporate Boundary of the City of Bakersfield; THENCE (6) Easterly along said Corporate Boundary to the point of beginning. Containing 39.75 acres more or less. 4 L.ANNEX332 LOCAL ,*~:,L~ ~C ,/ FOF, A&A I-iON COM,'AISgiC'hi R1.24.89 JPB:mro SEC Z:~ r305. L~_t (I) (4) ANNEXATION NO. ;];[~_ RESOLUTION .0. ANNEXATION OF STINE No..5 TO THE C11¥ OF BAKERSFIELO _ :~9 7~ -'_ ACRES SCALE: EXHIBIT "B" .............. PROE~OSEO ANNEXATION ROiJNOARY Lt-I