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HomeMy WebLinkAboutRES NO 72-88RESOLUTION NO. 72-88 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. 949, ANNEXATION NO. 316, BUENA VISTA NO. 3, ANNEXED TO THE CITY OF BAKERSFIELD AND INCLUDED IN THE GREATER BAKERSFIELD SEPARATION OF GRADE DISTRICT. WHEREAS, Resolution of Application No. 172-87, dated September 9, 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. 949, Annexation No. 316 (Buena Vista No. 3); and WHEREAS, a duly noticed public hearing upon said pro- posal was held before the Commission on the February 9, 1988; and WHEREAS, following said public hearing the Commission, on February 9, 1988, adopted its Resolution Making Determination, being Resolution No. 88-4, recorded in Minute Book 35 of said Commission; and WHEREAS, on February 26, 1988, the City Clerk of the City of Bakersfield set Wednesday, March 16, 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 duly and regularly con- ducted by and before the City Council at its meeting of March 16, 1988, and thereafter continued by said Council; and said continued hearing was held on MAY 18, 1988; and WHEREAS, proceedings have been commenced for the annexa- tion of certain unincorporated territory, designated as BUENA VISTA 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 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 slhall 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. 44-88 specifying that unless excluded by the City Council, all portions of proposed Buena Vista No. 3 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 ducted by and before the City Council at 1988, in all respects in accordance with duly and regularly con- its meeting of MAY 18, Resolution No. 44-88. 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. 949, Annexation No. 316 (Buena Vista No. 3), 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 Buena Vista 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 .......... 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 May 18, 1988 , by the following vote: NO~: C,3~JNCILMEMBE R~ None ABSL~] COUNC~ ~¢~;~.~5 None ABSTAINING; COUNCILMEMBERS None C~¥ C~SR~ an~ Ex Officio Cler~ of the Council of the C~t¥ of Ba~ersfiel~ APPROVED May_~, 1988 MAYOR of the Ci~y'oi~Bakersfield APPROVED as to form: Attachment / ' Exhibit "A" A ANEX 5 HNG.BV3.1 5/10/88 - 4 - ~NEXATIO~ NO. 316 BUENA VISTA NO. 3 A parcel of land situated in the County of Kern, State of California, being a portion of Section 13 of Township 30 South, Range 26 East, and Section 18 of Township 30 South, Range 27 East, M.D.Bo&M. more partic- ularly described as follows: Beginning at the intersection of the East line of Section 18, and the North right-of-way line of the Southern Pacific Railroad, Buttonwillow Branch, said intersection being northerly along last n~r~d East line, a distance of 82.5 feet, more or less, from the Southeast corner of said Section 18, said point also being a point on the existing Corporate Boundary of the the City of Bakersfield; Thence (1) departing said Corporate Boundary Westerly along said North right-of-way line, said line being parallel with and 50 feet northerly of as measured at right angles to the center line of main rails, to intersect the west line of the East 30 feet of Section 13, a distance of 5442 feet, more or less; Thence (2) Northerly along last named West line to intersect the South line of the North 30 feet of Section 13, a distance of 5150 feet, more or less, said point being a point on the exterior Corporate Boundary; Thence (3) Easterly along said South line and along the South line of the North 30 feet of Section 18, to inter- sect the East line of the West 30 feet of Section 18, a dis- tance of 60 feet, said South line being on the exterior Corporate Boundary of the City of Bakersfield; Thence (4) departing said Corporate Boundary Southerly along last named EAST line to intesect the South line of the North 1038 feet of Section 18, a distance of 1008 feet, more or less, said point being a point on the exterior Corporate Boundary. Thence (5) Southerly and Easterly along various courses of said Corporate Boundary to the Point of Beginning. CONIAINING 307.97 ACRES, MORE OR LESS EXHIBIT "A"