HomeMy WebLinkAboutRES NO 147-89RESOLUTION NO. 147-89
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD MAKING FINDINGS AND ORDERING THE
TERRITORY DESIGNATED AS PROCEEDING NO. 1002,
ANNEXATION NO. 333, ASHE NO. 1, 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. 35-89, 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. 1002, Annexation No. 333 (ASHE NO. 1); 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. 89-27, 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 ASHE
NO. 1 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 s~all 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
Dy inclusion in the district.
WHEREAS, on July 12, 1989, the Council of the City of
Bakersfield adopted its Resolution No. 129-89 specifying that
unless excluded by the City Council, all portions of proposed
Ashe No. 1 Annexati_on 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, 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. 129-89.
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.
1002, Annexation No. 333 (Ashe No. 1), and described herein, and
every part thereoft 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 described as Ashe No. 1, as described in
Exhibit "A."
6. In accordance with Section 8295 of the Streets and
Highways Code, at £ts 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 J~nclusion.
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 ~itb 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 ..........
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 ~989 , by
the following vote:
AYES: COUNCILMEMbERS: AN?HONY, D.e.M O N D, $MITi~I, RATTY, PETERSON MODERMOTr, SALVAGGIO
ABSENT: COUNCILMEMBERS N~n ~
ABSTAIN: COUNCILMEMBERS: ]%Tr%n ~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED ~%U8 3 0 1§89
EL~. MEDDERS -
MAYOR of the City of Bakersfield
APPROVED as to form:
~--~ARTEUR J. ~S~A~LFI~LD '
CITY A~TORN~Y o~ the City of Bakersfield
AJS/meg '
Attachments
Exhibit "A"
Exhibit "B"
A ANEX 5
GS.ANNEX.5-8
8/23/89
EXHIBIT "A"
ASHE NO. 1
ANNEXATION NO. 333
A parcel of land situated ~n the County of Kern, State of California, containing
all of Section 33, Township 30 South, Range 27 East, M.D.B. & M., excepting the
North 1700 feet of the East 1700 feet, and excepting all public right of way for
McCutchen Road, State Highway 119, Gosford Road, and Ashe Road, more
particularly described as follows:
BEGINNING at the point of intersection of the South line of the North
1700 feet and West line of the East 30 feet of said Section 33, said
point also being on the existing Corporate Boundary of the City of
Bakersfield;
THENCE (1) departing from said Corporate Boundary continuing Southerly
along said West line (also being the West right of way line of
Ashe Road), a distance of 3542.66 feet to a point on the North right
of way line of State Highway 119;
THENCE (2) Westerly along said North right of way line, a distance of
5226.03 feet to a point on the East right of way line of Gosford Road;
THENCE (3) Northerly along said East right of way line, a distance of
5225.24 feet to a point on the South right of way line of McCutchen
Road;
THENCE (4) Easterly along said South right of way line, a distance of
3533.82 feet to a point on the said Corporate Boundary;
THENCE (5) Southerly and Easterly along various courses of said
Corporate Boundary to the point of beginning.
Containing 562.54 acres more or less.
4 L.ANNEX333
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