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HomeMy WebLinkAboutRES NO 32-98RESOLUTION NO. 3 ~- 9 8 A RESOLUTION MAKING FINDINGS THAT NO WRITTEN PROTEST HAS BEEN FILED AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. '1239, ANNEXATION NO. 397, ANNEXED TO THE CITY OF BAKERSFIELD (WARD 4). WHEREAS, Resolution of Application No. 157-97, dated October 22, 1997, 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. 1239, Annexation No. 397, the exterior boundaries of which are described in Exhibit "A", and shown on the map marked Exhibit "B," attached hereto and incorporated as though fully set forth herein; and WHEREAS, a duly noticed public hearing upon said proposal was held before the Commission on February 24, 1998; and WHEREAS, following said public hearing the Commission, on February 24, 1998, adopted its Resolution Making Determination, being Resolution No, 98-07, recorded in Minute Book 45 of said Commission; and WHEREAS, on February 26, 1998, the City Clerk of the City of Bakersfield set WEDNESDAY, March 25, 1998, 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, 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 protests against the annexation with the City Clerk at any time prior to the conclusion of the hearing on the proposed annexation; and WHEREAS, said territory lies within the Greater Bakersfield Separation of Grade District. WHEREAS, 100 percent of the property owners agreed to annexation. 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with Sections 57075 and 57078 of the Government Code, it is hereby found that written protests, if any, filed and not withdrawn prior to the conclusion of the hearing represent landowners owning less than 50 percent of the assessed value of the land within the territory to be annexed.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. That the said territory designated as Proceeding No. 1239, Annexation No. 397, and described herein, and every part thereof. is hereby ordered annexed to the City of Bakersfield. 3. 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. 4. That the Executive Officer of the Commission is hereby requested to prepare and execute a certificate of completion 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. 5. 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. 6. That the Clerk shall forthwith transmit a certified copy of this resolution to James R. Parker, Jr., c/o Greater Bakersfield Separation of Grade District, P.O. Box 2205, Bakersfield, CA 93303. ......... 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 t~AR ~ .~ 19~ , by the following vote: A.vES: COUNCILMEMbER BeMOND, CARSON, SMITH, McDERMOTT, ROWLBS, SULLIVAN, SALVAGGIG NOES: COUNCILMEMBER ABSTAIN: COUNCILMEI~ER )~.~-~' ~,,~NT: COUNCILMEMBER Council of the City of Bakersfield APPROVED -~1~ ~ ~ !~8 BOB RIC~EE ~ MAYOR of the City of Bakersfield 2 O~IGtNAL APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY MO:pjt March 13, 1998 res\r397-sgd ORIGINAL EXHIBIT "A" BRIMHALL NO. 4 ANNEXATION NO. 397 A portion of the southeast 1/4 of Section 30, Township 29 South, Range 27 East, M.D. M., County of Kern, State of California, more particularly desctibed as follows: Commencing at the southeast comer of said Section 30, said corner being monumented and officially designated as 681,968.316 feet North and 1,669,345.712 feet East per the California Coordinate System, Zone 5; Thence North 00° 51' 07" East, along the east line of said section, a distance of 30.00 feet; Thence North 89° 06' 37" West, 203.85 feet to a point on the north tight of way line of Brimhall Road (Co. Rd. No. 589) also being a point on the existing corporate boundary of the City of Bakersfield and the TRUE POINT OF BEGINNING; Thence (1) departing from said corporate boundary line, along the west right of way line of realigned Calloway Drive, North 62° 32' 31" East, 34 89 feet to the beginning of a non-tangent, 1,430.00 foot radius curve, concave northwesterly, having a radial beating of South 67° 22' 42" East, from said beginning of curve; Thence (2) northeasterly along said right of way curve through a central angle of 07° 33' 49" an arc distance of 188.77 feet to the beginning of a non-tangent, 1,600.00 foot radius curve, concave northwesterly, having a radial bearing of South 73° 28' 40" East from said beginning of curve; Thence (3) northeasterly along said tight of way curve through a central angle of 09° 19' 43" an arc distance of 260.50 feet to intersect the south line of that parcel of land owned by Howard D. and Deborah L. Smith and designated by the Kern County Assessor as APN 110-170-29; Thence (4) South 89° 07' 52" East, along said parcel line, 35.19 feet to intersect the west line of the east 30 feet of said Section 30, also being the west tight of way line of Calloway Drive (Co. Rd No. 360), also being a point on the existing corporate boundary of the City of Bakersfield; Thence (5) southerly and westerly along said corporate boundary line to the TRUE POINT OF BEGINNING. Containg 1 acre (more or less) ORIGINAL ~? I M. N . 7226 H::i _ .C_OUR~T~ ~ _ /o NO,47S4 ~'--I ~ I I I 3 '~ ~' SEC. 29 R. 27 E. ",s.,~'~e ' ~ ~ , LLA 254 M.D.M. ~, ~ : ~/.~ I ~::,' . '~,_ P. O.B. CO. RD. NO. 589 ) VICINITY MAP .//,..I "~ /'"~ / bJ TR,~CT NO. 577'0 ~' ,o. /.~' / > ~ - /~ / _ ~X*~O.N~SZ ~T~ ~/~ ~. / ~ ANNEXATION OF / /~ / ~ BRIMHALL No. 4 ~ ~ I ~ /~ ~ TO THE CITY~ BAKER~D ~ ,/ U ~ ~CALE: ( FEET} ~ ~ ~ z~ o EXHIB~ B 0~ ~-_