HomeMy WebLinkAboutRES NO 128-89RESOLUTION NO. 128-89
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD MAKING FINDINGS THAT NO WRITTEN
PROTEST HAS BEEN FILED AND ORDERING THE
TERRITORY DESIGNATED AS PROCEEDING NO. 992,
ANNEXATION NO. 330, STOCKDALE NO. 13, ANNEXED
TO THE CITY OF BAKERSFIELD AND INCLUDED WITHIN
THE GREATER BAKERSFIELD SEPARATION OF GRADE
DISTRICT WHEN CONTIGUOUS THERETO.
WHEREAS, Resolution of Application No. 237-88, dated
December 14, 1988, 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.
992, Annexation No.. 330 (Stockdale No. 13); and
WHEREAS, a duly noticed public hearing upon said proposal
was held before the Commission on April 11, 1989 and continued to
April 25, 1989; and
WHEREAS, following said public hearing the Commission,
on April 25, 1989, adopted its Resolution Making Determination,
being Resolution No. 89-15, recorded in Minute Book 36 of
said Commission; and
WHEREAS, on June 21, 1989, the City Clerk of the City of
Bakersfield set WEDNESDAY, JULY 12, 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 July 12,
1989; and
WHEREAS, proceedings have been commenced for the annexa-
tion of certain unincorporated territory, designated as STOCKDALE
NO. 13, to the City of Bakersfield; and
WHEREAS, said territory lies outside the Greater Bakers-
field Separation o~ Grade District; and
Wq{EREAS, 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 May 31, 1989, the Council of the City of
Bakersfield adopted its Resolution No. 73-89 specifying that
unless excluded by the City Council, all portions of proposed
Stockdale No. 13 Annexation shall, upon annexation to the City of
Bakersfield, be included within the Greater Bakersfield Separation
of Grade District and setting WEDNESDAY, JULY 12, 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 JULY 12,
1989, in all respects in accordance with Resolution No. 73-89.
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City 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,
filed and not withdrawn prior to the conclusion of the hearing
represent landowners owning less than 50 percent of the assessed
value of the land within the territory to be annexed.
2. 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.
3. That the said territory designated as Proceeding No.
992, Annexation No. 330 (Stockdale No. 13), and described herein,
and every part thereof, is hereby ordered annexed to the City of
Bakersfield.
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4. 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.
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 Stockdale No. 13, as described in
Exhibit "A."
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.
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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 July 12, 1989 , by
the following vote:
AYES: COUNCiLMEMBERS: ANTHONY, De~kON D.$MITH, RATTY, PETERSON. MeDE RMOTT, SALVAC~; IO
ABSENT: COUNCILMEMBERS Norl~ ._
ABBTAIN: COUNCILMEMBERS: NoDe . _
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED July 12, 1989
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
t CITY A~TORNE~ of t~ City of Bakersfield
aJS/meg ~ /,,
Attachments
Exhibit "A"
Exhibit "B"
A ANEX 5
GS.PROHNG1
7/3/89
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EXHIBIT "A"
ANNEXATION NO. 330
(STOCKDALE NO. 13)
A parcel of land situated in the North half of Section i, Township 30 South,
Range 26 East, M.D.B. & M., County of Kern, State of California, more
particularly described as follows:
Beginning at a point on the.West line of said Section 1, being the point
of intersection with the South right of way line of Stockdale Highway
(Co. Rd. No. 696) and said point also being on the existing Corporate
Boundary of the City of Bakersfield;
THENCE (i) North 00°32'25" East, on and along the West line of the
North half of said Section 1, a distance of 2.89 feet more or-less
the Northwest corner of said Section;
to
THENCE (2) South 89°13'53" East, on and along the North line of said
Section 1, a distance of 3,959.26 feet more or less to the Northwest
corner of the Northeast quarter of the Northeast quarter of said Section
I, also being on the existing Corporate Boundary of the City of
Bakersfield;
THENCE (3) Southerly, Southwesterly and Northerly along said Corporate
Boundary to the point of beginning.
Containing 126.31 acres mbre or less.
4 LD.ANX330 RTY:mro
u
ANNEXATION NO.
KERN RIVER NO $
NOVEMBER 21, 197B
(3)
.SEC. 38 T, 2cD S,
(2)
P.O.B.
SEC. J -F, ,30 $~
SEC, }~, F,
NO, 221
KERN RIVER NO, 5
NO, 297
BUENA VISTA NO, 2
JULY Z2, 1985
,°
$~C, ..8 I
-~130& £L£-1£I
ANNEXATION NO, ~L~O__ RESOLUTION NO, ~
ANNEXATION OF
400 0 400 800 I~00
II ""'"' .......... PROPOSED ANNEXATION BOUNDARY
EXHIBIT "B"