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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. - 2 - 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. .......... 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 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 - 4 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"