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HomeMy WebLinkAboutRES NO 73-88RESOLUTION NO. 73-88 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS THAT NO WRITTEN PROTEST HAS BEEN FILED AND ORDERING TERRITORY DESIGNATED AS PROCEEDING NO. 955, ANNEXATION NO. 317, OSWELL NO. 6, ANNEXED TO THE CITY OF BAKERSFIELD AND INCLUDED IN THE GREATER BAKERSFIELD SEPARATION OF GRADE DISTRICT. WHEREAS, Resolution of Application No. 204-87, dated October 21, 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. 955, Annexation No. 317 (Oswell No. 6); and WHEREAS, a duly noticed public hearing upon said pro- posal was held before the Commission on the 23rd day of February, 1988 and the 8th day of March, 1988; and WHEREAS, following said public hearings the Commission, on March 8, 1988, adopted its Resolution Making Determination, being Resolution No. 88-9, recorded in Minute Book 35 of said Commission; and WHEREAS, on March 25, 1988, the City Clerk of the City of Bakersfield set Wednesday, May 4, 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, the public hearing was thereafter continued by said Council and h.eld on MAY 18, 1988; and WHEREAS, proceedings have been commenced for the annexa- tion of certain unincorporated territory, designated as OSWELL NO. 6 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 March 16, 1988, the Council of the City of Bakersfield adopted its Resolution No. 43-88 specifying that unless excluded by the City Council, all portions of proposed Oswell No. 6 Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District, and setting WEDNESDAY, MAY 4, 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, which hearing was thereafter continued to WEDNESDAY, MAY 18, 1988; and WHEREAS, the public hearing was duly and regularly con- ducted by and before the City Council at its meeting of MAY 18, 1988, in all respects in accordance with Resolution No. 43-88. 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. 955, Annexation No. 317 (Oswell No. 6), and described herein, and every part thereof, is hereby ordered annexed to the City of Bakersfield. - 2 - 4. Pursuant to the Local Agency Formation Commission's Resolution Making Determination No. 88-9, dated March 8, 1988, approval is subject to the following conditions: The five members of the Board of Supervisors of Kern County shall remain as Board members on the Board of Directors of Mount Vernon-Panorama Sanitation District. The Mount Vernon-Panorama Sanitation District wastewater treatment plant and disposal area shall continue operations in the present location without restriction or change by the City of Bakersfield. Any subsequent construction in the wastewater treatment plan and disposal area shall be to codes and inspection of the County of Kern, rather than the City of Bakersfield. Properties located within the area to be annexed and also located within the Sphere of Influence of Mount Vernon-Panorama Sanitation District on January 1, 1988, shall be within the sewer serv- ice area of that sanitation district, except by mutual agreement to the contrary by the sanita- tion district and the City of Bakersfield. Sewers maintained by the sanitation district shall be constructed to the codes and require- ments of the sanitation district, rather than the City of Bakersfield. 5. 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. 6. 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. 7. 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 Bakersfield Separation of Grade District of any portion or portions of the territory described as Oswell No. 6, as described in Exhibit "A." - 3 - 8. 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. 9. In accordance with Section 8296 of the Streets and Highways Code, the Clerk shall notify the ~ecretary of the District and shall furnish such Secretary with a certified copy of this resolution. .......... o0o .......... - 4 - 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 Hay 18, 1988 , by the following vote: ,~YES COUNCtLMEMBE'RS CHILDS, DeMOND, NO~S (OUNCILMEMBERS None ADSEN[ COUNCILN~EMBSRS None ASSTA~NIN6 COUNCI{~EMBERS None CITY ~-LERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED _~y 18, 1988 MAYOR of the City of/Bakersfield APPROVED as to form: CITY ATTORNE~f t~City Of Bakersfield AJS/meg Attachment Exhibit "A" A ANEX 5 HNG.OSW6.1 5/10/88 EXIIiBIT "A" ANNI'~XA'['iON NO. 317 OSWELL NO. 6 A parcel of land situated in the County of Kern, State of California, being a portion of Sections 33, 34 and 35, Tc~nship 29 South, Range 28 East and Sections 2 and 3, ']'ownship 30 South, Range 28 East, M.D.B.&M., more partic- ularly described as follows: Beginning at a point of intersection of the North line of the South 200 feet aed the West line of tile East 30 feet of said Section 33, said point being on the existing corporate boundary of tile City of Bakersfield; Tilence (1) Easterly along said North line and Easterly prolongation thereof, a distance of 85 feet more or ]ess to the East lise of tile West 55 feet of tile Southwest ]/4 of said Sect[on 34, said East line also being the East r~ght-of-way line of Mr. Vernon Avenue (Co. Rd. No. 2550); Thence (2) Northerly along said East llne, a distance of 1121.75 feet more or less to the North ]Jne of tile Southwest 1/4 of tile Southwest 1/4 of said Section 34; Thence (3) Easterly along said North line, a distance of 1266.72 feet mo~e or ].ess to the Southwest corner of the Northeast ]/4 of the Southwest 1/4 of said Section 34, per Tract No. 1394 recorded in Book 6 of Maps, Page 6] in the office of the County Recorder o[ the County of Kern, filed August 27, 1947; Thence (4) Southerly along the West line of the Southeast 1/4 of tile Southwest 1/4 of Section 34, a distance of 30 feet, to tile line of tile North 30 feet of tile said Southeast 1/4 of the Souti]west 1/4 of Section 34, said South line also being tile South right-of-way line of Texas Street (Co. Rd. No. 1766); Thence (5) Easterly along the said South line, a distance of [322.24 feet more or ].ess, to the East line of said Southeast 1/4 of the Southwest 1/4 of Section 34, said East line also being tile Centerline of Quant[co Avenue (Co. Rd. No. 1361); Thence (6) Continuing Easterly along the South line of North 30 feet of the Southwest 1/4 of tile Southeast 1/4 of Section 34, a distance of 30 feet, to the East lJse o[ the West 30 feet of the said Southwest 1/4 of the Southeast ]/4 of Section 34, said East Line also being the East right-of-way line of Quantico Avenue; '['hence (7) Northerly a]ong tile sai. d East line, a distance of 30 feet more or ]ess, to the North line of the said Southwest 1/4 of the Southeast 1/4 of Sect[on 34; Thence (8) Easterly a].ong tile said North line, a distance of 1290.93 feet more or ]ess, to the East line of tile said Southwest 1/4 of the Southeast 1/4 of Section 34; 4:ANNEX.317a Page 1 of 3 LT:ag Thence (9) Southerly along said East line, a distance of 749.25 feet more or ].ess, to the South line of Tract No. 4065 recorded in Book 30 Page 143 in tile Office of the County Recorder 0[ tile C~nty oE Kern, Novemir 26, 1980; Thence (10) Easterly along said South line, a distance of 1265.65 feet more o~ lese, to the West line of the East 55 feet of the [)outbeast 1/4 of the Southeast I/4 of Sect foe 34, said West lJ~e also ~i.g the west right-of-way line of Oswe].l Street (Co. Rd. No. 2739 ); Thence (].1) No~;ther]y a]onq said West ]J. ne, a d[stanc,3 of 748.47 feet mo~e or lese, to the North line oE the said S~theast 1/4 of the s~theast 1/4 of Section] 34, said North line also ~ing tile North line of said Tt'act 4065; Thence (12) Easterly along said North line, a d.Jstance of 55 feet, to the East line of the said Southeast 1/4 of the S~theast 1/4 of Section 34; Thence (13) Cot]tlnuing Easterly along the North line of the SouO] half of the S~thwest 1/4 of Sect[on 35, a distance of 1364.64 feet n~e or less, to the East line of the West 40 feet of the Southeast ]/4 of the Southwest 1/4 of Section 35, said East line also ~ing a Northerly prolongation of the East right-of-way line of Leeta StL'eet (Co. Rd. No. ~1142), pe~ Tt-act 3835 recorded in Dc~k 28 of Maps, Page 193 ]n the Office of the County Recoc~ of the county of Kern, filed March 30, 1979; Thence (14) Southerly along saJ. d East line, a distance of 1288.82 feet mo~e or less, to the North ].iee of the s~th 30 feet of the said S~east 1/4 of the Southwest 1/4 of Section 35, said North line also being ~]e North ~ight-of-way of Brundage Lane (Co. Rd. No. 966); Thence (15) Westerly along said Nouth ]J. ne, a distance of 1070.16 feet more o~ less, to the East fine of the West 255 feet of the S~thwest 1/4 of the S~west 1/4 of Section 35; Thence (16) Northerly along said East line, a distance of 195 feet ~re or less, to the No~lth line of the South 225 feet of the said S~thwest 1/4 of Section 35; Thence (].7) Westerly along s~d NorLh line, a distasce of 200 feet more or less, to the East line of the West 55 feet o~ the said Southwest 1/4 of Section 35, said East line also ~ing the East right-of-way line of Oswell StceeL; Thence (18) S~ti~e~ly a].ong said East llne, a d~stance of 225 feet mo~e or less, to the Soutl~ 1.ii~e of tl~e sa~d Southwest 1/4 of Section 35, said S~th lise also J~ing the centerline of Brundage Lane; 4:ANNEX. 317b Page 2 of 3 LT:ag Thence continuing Southerly oil asd along tile East line oE the Wes~ 55 feet of tile Northwest 1/4 oE Section 2, said East line also t~i.g the East right-of-way line of Oswe]l Street, as recorded the State Ilighway Maps in Book 4, Pages 80-89 in the Office of the county Recorder of [t~e County of Kern, Mle following (3) CO~ rses: Thence (]9) Southerly a di. stance of 369.].9 feet .~ore or less to the North right-of-way line of State Route VI-KER-58, thence (20) Southerly a distance of 819.60 feet more or less to the South right.f-way line of said State Route Vl-lLI:;R-58, theace (21) Southerly a distance of [04.39 feet more or less to the North llne oE the South 1/2 of the said Northwest 1/4 of Section 2; Thence (22) departing said East right-of-way line Easterly along sa~d North line, a distance of 961.09 feet more or less, to tile East line of the West 30 Acres of the South half of the Northwest 1/4 of Secttoe 2; Theace (23) SouM~erly aJong sa[d East line, a distance of 1330.24 feet more or less, to the South line of the Northwest 1/4 of Section 2; Thence (24) Westerly alo.g said South line, a distance of 1016.90 feet more or lees, to tile West line of the Northwest 1/4 of Section 2; Thence (25) cont]nuing Westerly along the South l[ne of the Northeast 1/4 of Section 3, a distance of 2649.65 feet more or less, to tile West line of the said NorLheast ]/4 of Section 3, as recorded in B~k 6, Record of Survey Maps, Page 52 in the office of the C~nty of Kern, f~(led January 24, ]950, said ~st line also b~ing on and along the Existing Corl)ol:ate Bmndary Of the City of Bakersfield; Thence (26) North and West along tile various courses of the said Corporate Boundary to the Point of Beg]lining. CONTAINING 364.45 Acres of [,and; more or less 4:ANNEX.317c Page 3 of 3 LT:ag