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.
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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
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~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"