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Home My WebLink AboutRES NO 71-88RESOLUTION NO. 71-88 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. 948, ANNEXATION NO. 315, BERKSHIRE NO. 2, ANNEXED TO THE CITY OF BAKERSFIELD AND INCLUDED IN THE GREATER BAKERSFIELD SEPARATION OF GRADE DISTRICT. WHEREAS, Resolution of Application No. 164-87, dated August 26, 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. 948, Annexation No. 315 (Berkshire No. 2); and WHEREAS, a duly noticed public hearing upon said pro- posal was held before the Commission on the 26th day of January, 1988; and WHEREAS, following said public hearing the Commission, on January 26, 1988, adopted its Resolution Making Determin- ation, being Resolution No. 88-1, recorded in Minute Book 35 of said Commission; and WHEREAS, on February 17, 1988, the Council of the City of Bakersfield adopted its Resolution No. 20-88 initiating pro- ceedings for annexation of the said territory to the City of Bakersfield and setting Wednesday, March 16, 1988, at the hour of 7:00 p.m. (or as soon thereafter as the matter could be heard) in the Council Chambers of the City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time, date and place of hearing on the proposed annexation and the owners of land within the said territory were duly informed of their right to file written pro- tests 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, in all respects in accordance with Resolution No. 20-88, and thereafter continued by said Council; and said continued hear- ing was held on MAY 18, 1988. WHEREAS, proceedings have been commenced for the annexa- tion of certain unincorporated territory, designated as BERKSHIRE NO. 2 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 ti~e 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. 42-88 specifying that unless excluded by the City Council, all portions of proposed Berkshire No. 2 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. 42-88. 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. - 2 3. That the said territory designated as Proceeding No. 948, Annexation No. 315 (Berkshire No. 2), 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. 2, 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. .......... 000 .......... 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: ~Y£~ COUNCILMEMBi..'RS: CHtLD~, {]eMONO, SMITH. I~?'rY, ~.~SON, Mc~ER~O~ ~LVAGGIO NOE~: COUNCILMEMbERS: None ABSENT: COUNCILMEMBERS. None ABStAINInG: COUNCILMEMBERS: ~o~e CITY CLTERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED May 18__, 1988 MAYOR of the City of Bakersfield APPROVED as to form: ~-~Y~T~~~e ~ity of Bakersfield AJS/me~ Attachment' Exhibit "A" A ANEX 5 HNG.BER2.1 5/~0/88 - 4 - EXHIBIT "A" BERKSHIRE NO. 2 ANNEXATION NO. 315 A parcel of land situated in the County of Kern, State of California, be{ng n portion of Sections 30 and 31, Township 30 South, Range 28 East, M.D.B.&M., more particularly described as follows: Beginning at the point of intersection of the North 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 20l of Official Records in the Office of the Kern County Recorder and the East line of Lot 5, of the "Berkshire Farm Tract" as filed in the Office of the Kern County Recorder on August 27, 1901. The said point being on the Corporate Boundary of the City of Bakersfield, said point being the True Point of Beginning; THENCE (1) departing from the existing Corporate Boundary Southerly along the East line of Lots 5, 12, 21, and 28 of said "Berkshire Farm Tract" and Souther].¥ prolongation thereof, a distance of 4150.97 ~ feet to the South llne of the North 30 feet of Section 31. The said South line also being the South right of way line of Hosking Avenue. THENCE (2) Westerly along the said South right of way line of Hosking Avenue, a distance of 654.77 + feet to the Southerly prolongation oE -- Berkshire Farm Tract." the West line of Lnt 28 of said" ' TttENCE (3) Northerly along the West line of Lots 5, 12, 21, 28, and the Southerly prolongation of Lot 28, a distance of 4159.84 ~ feet to a point on the North line of the South 165 feet of Lot 5. Said point being a point on the existing Corporate Boundary and also being on the North right of way line of the Arv~n-Ed~so Intake Canal. THENCE (4) Easterly along the various courses of the said Corporate Boundary to the True Point of Beginning. Containing 63.00 acres of land, more or less. Page 1 of 1 lt:mro Dll Berkshire2