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Home My WebLink AboutRES NO 173-88RESOLUTION NO. 173-88 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. 961, ANNEXAT10N NO. 318, BERKSHIRE NO. 3, ANNEXED TO THE CITY OF BAKERSFIELD AND INCLUDED IN THE GREATER BAKERSFIELD SEPARATION OF GRADE DISTRICT (WARD 7). WHEREAS, Resolution of Application No. 235-87, dated December 16, 1987, 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. 961, Annexation No. 318 (Berkshire No. 3); and WHEREAS, a duly noticed public hearing upon said pro- posal was held before the Commission on the June 14, 1988, and continued to June 28, 1988; ans WHEREAS, following said public hearing the Commission, on June 28, 1988, adopted its Resolution Making Determination, being Resolution No. 88-18, recorded in Minute Book 35 of said Commission; and WHEREAS, on July 20, 1988, the City Clerk of the City of Bakersfield set Wednesday, AUGUST 17, 1988, 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, Bakers- field, California, as the time, date and place of hearing on the proposed annexation and the owners of land within the said terri- tory 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, proceedings have been commenced for the annexa- tion of certain unincorporated territory, designated as BERKSHIRE NO. 3 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 6, 1988, the Council of the City of Bakersfield adopted its Resolution No. 139-88 specifying that unless excluded by the City Council, all portions of proposed Berkshire No. 3 Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District, and setting WEDNESDAY, AUGUST 17, 1988, 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 AUGUST 17, 1988, in all respects in accordance with Resolution No. 139-88. 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. 961, Annexation No. 318 (Berkshire No. 3), and described herein, and every part thereof, is hereby ordered annexed to the City of Bakersfield. 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 Berkshire No. 3, 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. 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 regular meeting thereof held on August 10, 1988 the following vote: ~¥ES COUNCILMEMBERS CHILOS.~,.'~-,,.'T3, SMITH, F',AT[~, P£~:qSON, N~cD~RMOFr 5ALVAGGIO NOES COUNCILMEMBERS. ABSENT: COUNCILMEMbERS ABSTAINtNG COUNCiLMEMBERS: NON'R a , by CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED August 10, 1988 ~*'~:~")'"~'~ ~ ~* ~-'~'~+ ~ d MAYOR of the City of B~kersfiel APPROVED as to form: cITY A~I~TO~t~City/Of Bakersfield AJS/meg Attachment Exhibit "A" A ANEX 5 HNG.BER3.1 8/10/88 EXHIBIT "A" BERKSHIRE NO. 3 ANNEXATION No. 318 A parcel of land situated in the County of Kern, State of California, being those portions of Lots 3, 4, 13, 14, 16, 17, 18, 19, 20, 29 and 30 as shown on map of the Berkshire Farm Tract as filed in the office of the Kern County Recorder on August 27, 1901, in Section 30 and an additional portion in Section 31, 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 East line of the West 30 feet of Lot 3, of the "Berkshire Farm Tract". The said South line also being the South right-of-way line of Panama Lane. The said point also being on the Corporate Boundary of the City of Bakersfield; THENCE (1) departing from the existing Corporate Boundary Scutherly along last named East line and Southerly prolongation thereof, of Lots 3 and 14, a distance of 1456.02 feet more or less to a point on the South right-of-way line of the Arvin-Edison Intake Canal as described in Parcel 1C-3 of that certain Order of Condemnation recorded in Book 3972, Page 201 of Official Records in the Office of the Kern County Recorder; THENCE (2) Easterly along the said South right-of-way line of the Arvin-Edison Intake Canal, a distance of 660 feet more or less to a point on the East line of said Lot 14; THENCE (3) Scutherly along the said East line, a distance of 1125.96 feet more or less to a point on the North right-of-way line of Berkshire Road, also being the North line of the South 30 feet of said Lot 14; THENCE (4) Easterly along the said North line and Easterly prolongation thereof, a distance of 660 feet more or less to a point on the East line of the West half of said Lot 16; THENCE (5) Southerly along said East line and Southerly prolongation thereof, a distance of 1350.90 feet more or less to a point on the South line of said Lot 18; THENCE (6) Westerly along said South line and Westerly prolongation thereof, a distance of 990 feet more or less to a point cn the East line of the West half of said Lot 30; THENCE (7) Southerly along said East line, a distance of 1351.00 feet more or less to a point on the South line of the North 30 feet of Section 31, said South line also being the South right-of-way line of Hosking Avenue (formerly Hosking's Road); 4:BERKSHIRE LC'~AL AGENCY FORMATION CO/Vu~,%S,S ,,ON THENCE (9) Westerly a.~ said South line, a distance ~0 feet more or less to the'Southerly prolongation of the West line of said Lot 29 /~HENCE (9) Northerly along the West line of said Lots 4, 13, 20, 29 and said Southerly prolongation of 29, a distance of 4150.97 feet more or less to the point on the North right-of-way line of the said Arvin-Edison Intake Canal said point also being on the existing Corporate Boundary of the City of Bakersfield. THENCE (10) Continuing Northerly and Easterly along the various courses of the said Corporate Boundary to the point of Beginning. Containing 149.22 acres of land, n~Dre or less. PRE-CHECKED by KERN COUNTY SURVEYORS OFFICE 4:BERKSHIRE2