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HomeMy WebLinkAboutRES NO 204-88RESOLUTION NO. 204-88 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD ESTABLISHING MAINTENANCE DISTRICT NO. 19 AND CONFIRMING THE ASSESSMENT AND AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR (RESOLUTION OF INTENTION NO. 1050). WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1050 adopted September 14, 1988, declared its intention to order the establishment of a maintenance district, to be designated Mainten- ance District No. ].9, as shown and designated on that certain map entitled Map and Assessment Diagram for Maintenance District No. 19, City of Bakersfield, California, for Fiscal Year 1988-1989 on file in the office of the City Clerk and Public Works Manager, City of Bakersfield; and WHEREAS, said City Council by said Resolution of Intention referred said proposed district to the Public Works Manager of the City and directed him to make and file with the City Clerk a Report in writing; and WHEREAS, said Public Works Manager duly filed with said City Clerk his Report, including a budget, assessment for- mula, improvements to be maintained by the district, description of property and proposed assessments; and WHEREAS, said City Council by Resolution No. 191-88, preliminarily adopted, confirmed and approved the Public Works Manager's Report and fixed WEDNESDAY, OCTOBER 12, 1988, at 7:00 P.M., or as soon thereafter as may be heard, at the Council Chambers of the City Council, City Hall, Bakersfield, California, as the time and place for hearing protests or objections to the proposed district and assessment, and provided for Notice of said hearing in accordance with law; and WHEREAS, the City Clerk has filed in her office affi- davits setting forth the compliance with the requirements of Section 13.04.150 through 13.04.170 of the Bakersfield Municipal Code for publishing, posting and mailing notices of the hearing on proposed Maintenance District No. 19; and said City Council hereby ~inds that said notice has been given in the manner required by law; and WHEREAS, said hearing was duly held by said City Council at said time and place for the hearing of all protests said proposed district and assessment; and to or before Council. WHEREAS, any written protests filed with the Clerk at the time set for said hearing were considered by said NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, as follows: 1. The foregoing recitals are true and correct and the Council so finds and determines. 2. The Council hereby establishes Maintenance District No. ]~9 and confirms and adopts the Public Works Manager's Report, including the amounts of assessment, as set forth in the Public Works Manager's Report and elects to perform maintenance and operation by City forces for such fiscal year. 3. That the assessment for Maintenance District No. 19 shall be the total sum of $0.00 for the 1988 - 1989 fiscal year. 4. The City Clerk is hereby directed to file annually the statement required by Section 54900 et seq. of the Government Code of the State of California with the County Assessor and with the State Board of Equalization in Sacramento, and the Kern County Tax Collector is hereby authorized to collect such assessments. 5. The Public Works Manager is hereby directed hereafter to prepare an Annual Report, as provided in Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within the time allowed for placement on the County tax rolls for the applicable fis- cal period. Upon filing of the Report, the Clerk shall set the Report for hearing before the City Council and give Notice of Hearing in the manner prescribed in Chapter 13.04 of said Code. .......... 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 October 12, 1988 , by the following vote: AVE~: C~NCILME~BEN~ CmLDS, O~t,IUIIO, ~ ~ ~OK ~ ~V~ ~8: COU~I~EM~ None ~SENT: C~I~RB; None ~T~IN~ C~I~MBM~ None CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED October 12, 1988 MAYOR of the City of Bakersfield APPROVED as to for:m: AJS/DH/meg M MD19 4 R.ESTAB.1 9/26/88 - 3 MAINTENANCE DISTRICT NO. 19 A parcel of land situated in the County of Kern, State of California, being portions of Sections 18, 19 and 30 of Township 30 South, Range 28 East, M.D.B. & M., more particularly described as follows: Beginning at the point of intersection of the South line of the North 30 feet and the West line of the East 57.75 feet of Section 19, said South line being the South right of way line of Pacheco Road (County Road No. D-98), and said West line being the West right of way line of Union Avenue (County Road No. 97 and No. 2380); Thence (1) Southerly along said West right of way line a distance of 5286.72 feet more or less, to the South line of the North 30 feet of Section 30, said South line being the South right of way line of Panama Lane (County Road No. 782); Thence (2) Westerly along said South right of way line a distance of 1592.25 feet more or less, to the East line of the West 30 feet of Lot 3, as shown on map of the Berkshire Farm Tract as filed in the office of the Kern County Racorder on August 27, 1901, in Section 30; Thence (3) Southerly along said East line a distance of 1291.02 feet more or less, to the North right of way line of the Arvin-Edison Intake Canal, as said canal right of way is defined in Parcel 1C-3 of that certain Order of Condemnation recorded in Book 3972, Page 201, Official Records of County of Kern; Thence (4) Westerly along said North right of way line a distance of 3467.57 feet more or ].ess, to the East line of the West 30 feet of Section 30, said East line also l~ing the East right of way line of South "H" Street (County Road No. 15 and Mo. 140); Thence (5) Northerly alor~ said East right of way line in Section 30 and along the East lir~ of the West 30 feet of Section 19, said East line also being the East right of way line of said South "H" Street, a distance of 6423.34 feet more or less, to the South line of the North 30 feet of the Northwest 1/4 of Section 19, said South line also being the South right of way line of said Pacheco Road; 4 LD.MD19.1 Page 1 of 2 LT:lh:mro Thence (6) Easterly along said South line a distance of 700.10 feet more or less, to a Southerly prolongation of the East boundary line of Tract 3495 as recorded in Book 20 of Maps, Page 132, on February 5, 1971; Thence (7) Northerly along said East line and Southerly prolongation a distance of 544.80 feet more or less, to a point on the South right of way line of Pacific Gas and Electric Company, 150 feet wide easement as shown in the office of the Kern County Recorder in Book 1511, Page 48, said point on the South right of way line also being a point on the North boundary line of Tract 4150 as recorded in Book 29 of Maps, Page 74, on July 16, 1979. Thence (8) Easterly along said North boundary line and the North boundary line of Tract 3269 as recorded in Book 18 of Maps, Page 67, on September 25, 1969 and along the South right of way line of an 150 feet wide easement as shown in: Tract 2667, recorded in Book 13 of Maps, Page 197; Tract 3096, recorded in Book 15 of Maps, Page 145; Tract 3660 Unit A, recorded in Book 25 of ~aps, Page 17; Tract 2769, recorded in B~k 13 of Maps, Page 199, a distance of 3283.33 feet to the East line of Lot 18 of Sales Map No. 1 Land of J.B. Haggin in Section 18, filed May 3, i[889 in the office of County Recorder of County of Kern; Thence (9) Southerly along said East line and Southern prolongation there of a distance of 540.68 feet to the South Line of the North 30 feet of Section 19, said South line also the right of way line of said Pacheco Road; Thence (10) Easterly along said South line a distance of 1262.77 feet to the point of beginning. Containing 778.64 acres, more or less. 81188 4 LD.MD19.2 Page 2 of 2 LT:lh:mro