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HomeMy WebLinkAboutRES NO 64-88RESOLUTION NO. .64-88 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. 939, ANNEXATION NO. 313, BERKSHIRE NO. 1, ANNEXED TO THE CITY OF BAKERSFIELD AND INCLUDED IN THE GREATER BAKERSFIELD SEPARATION OF GRADE DISTRICT. WHEREAS, Resolution of Application No. 89-87, dated May 20, 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. 939, Annexation No. 313 (Berkshire No. 1); and WHEREAS, a duly noticed public hearing upon said pro- posal was held before the Commission on the 13th day of October, 1987; and WHEREAS, following said public hearing the Commission, on October 13, 1987, adopted its Resolution Making Determin- ation, being Resolution No. 87-33, recorded in Minute Book 34 of said Commission; and WHEREAS, on October 21, 1987, the Council of the City of Bakersfield adopted its Resolution No. 207-87 initiating pro- ceedings for annexation of the said territory to the City of Bakersfield and setting Wednesday, November 18, 1987, 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 November 18, 1987, in all respects in accordance with Resolution No. 207-87, and thereafter continued by said Council; and said continued hear- ing was held on APRIL 27, 1988. WHEREAS, proceedings have been commenced for the annexa- tion of certain unincorporated territory, designated as BERKSHIRE NO. 1 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. 41-88 specifying that unless excluded by the City Council, all portions of proposed Berkshire No. 1 Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District, and setting WEDNESDAY, APRIL 27, 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. WHEREAS, the public hearing was duly and regularly con- ducted by and before the City Council at its meeting of April 27, 1988, in all respects in accordance with Resolution No. 41-88. 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. 939, Annexation No. 313 (Berkshire No. 1), 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. 1, 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 Commission 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 April 27, 1988 , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED April 27, 1988 MAYOR of the Cit~ of Bakersfield APPROVED as to form: AJS/meg ~ ~// "/ Attachment Exhibit "A" A ANEX 5 HNG.BERi.1 4/20/88 EX~IIBIT A ANNEXATION NO. 313 BERKSIIIRE NO. 1 A parcel of land situated in the County of Kern, State of California, being e portion of Section 25, Township 30 South, Range 27 East and Sectlon 30, Township 30 South, Range 28 East, M.D.B.&M., more particularly described as follows: Beginning at a point at the Northeast corner of the South 165 feet of Lot 6 of the "Berkshire Farm Tract" as filed in the Office of the Kern Country Recorder on August 27, 1901. The sald point being on the North right of way of the Arvln-Edi~on Intake Canal and also being ou the Corporate Boundary of the City of Bakersfleld; Thence (1) S 0"35'36" W, along the East line of Lots 6, 11, 22, sod 27 ~f said "Berkshire Farm Tract", a distance of 3499.84 + feet to the North llne of the right of way line of Ilo~king Avenue. The ~a~d North line al~o being the North line of the South 30 feet of said Section 30; Thence (2) N 89"30'34" W, along the North right of way line of No~klng Avenue a dinrance of 2127.52 feet to the West line of said Section 3U. The West line also being the centerline of South II Street; Thence (3) N 89"11~30" W, along the North right of way line of }losking Avenue, a distance of 854.55'. The North right of way line al~o being the North line of the South 30 feet of Section 25, T. 30 S., R. 27 E., M.D.B.&M.; Thence (4) N 81"00'07" W, a distance of 334.88 feet; Thence (5) N 85~25'54" W, a distance of 243.39 feet; Thence (6) N 83"47'07" W, a distance of 121.23 feet to a point on the East right of ~ay line of State Highway 99 (State Route VI-KER-4-C) as ~hown on State Nighway Map No. 7-1, filed in Book 1, Page 100 in the office of the Kern County Surveyor; Thence (7) N 11"31' W, along said right of way line, a distance of 2536.25 feet to the centerline of Berkshire Road; Thence (8) continuing N 11~31' W, along ~aid right of way line, a distance of 1350.93 feet to the North right of way line of the Arvin-Edison Intake Canal, and also on the Corporate Boundary of the City of Bakersfield; Thence' (9) East and North along the various courses of the said Corporate Boundary f~'the True Point'of Beginning. Containi~g'~81.05 acres of land, more or less pRE-CH~CK~D by KERN COUI~'F~ F,I.;~T.'[~'";7,~ ~7'.C7 5 Berkshirel Date ........-~....~--~.-~---~ .......