HomeMy WebLinkAboutRES NO 46-98RESOLUTION NO. 4 6 "9 8
A RESOLUTION MAKING FINDINGS THAT NO WRITTEN
PROTEST HAS BEEN FILED AND ORDERING THE
TERRITORY DESIGNATED AS PROCEEDING NO. '1237,
ANNEXATION NO. 396, ANNEXED TO THE CITY OF
BAKERSFIELD (WARD 4).
WHEREAS, Resolution of Application No. 152-97, dated October 8, 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. 1237,
Annexation No. 396, 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. 98-04, 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; and
WHEREAS, the property owner of said territory has made agreement to annex
his property to the city, said agreement marked Exhibit "C" attached hereto and made a part
hereof as though fully set forth herein.
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hereby found that written protests, if any, filed and not withdrawn prior to the conclusion of the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. 1237, Annexation No.
396, and described herein, and every part thereof, is hereby ordered annexed to the City of
Bakersfield.
ORIGINAL
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.
......... 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
APR 0 8 'L~ , by the following vote:
AYES: COUNCILMEMI~ER DeMONO, CARSON, SMITH, McDERMOTT, ROWLBS, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMSER
ABSTAIN: COUNCILMEMBER
ASSENT: COUNCILMEMBER
APPROVED APR 0 $ ~
B(:~I~'PRICE ~:
MAYOR of the City of Bakersfield
OR)GINAL
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
MO:pjt
March 18, 1998
res\r396-sgd
ORIGINAL
ALLEN ROAD NO. 2
ANNEXATION NO. 396
A portion of the southrest 1/4 of Section 35, Township 29 South, Range 26 East, M. D. M., County
of Kern, State of California, more particularly described as follows:
Commencing at the southeast comer of said Section 35, said comer being officially marked by a
Kern County Surveyoffs Concrete Monument and desi~ated as 676,840.257 feet North,
1,658,681.017 feet East per the California Coordinate System, Zone 5;
Thence South 89° 37' 19" West, along the south line of said Section 35, a distance of 400.00 feet
to intersect the southerly prolongation of the west line of Lot 33 of Tract No. 3620 per map filed
in Map Book 30, Page 186 in the office of the Kern County Recorder, said point also being on the
existing exterior corporate boundary line of the City of Bakersfield and is the TRUE POINT OF
BEGINNING;
Thence (1) departing from said corporate boundary, North 00° 19' 41" West, along said west lot line
(and prolongation thereof), 175.00 feet to the northwest corner of said Lot 33;
Thence (2) North 89° 37' 19" East, along the north line of said lot, a distance of 345.00 feet to a
point on the west line of the east 55 feet of said Section 35 (west right of way line of Allen Road),
also being a point on the existing corporate boundmy of the City of Bakersfield;
Thence (3) southerly and westerly along said existing corporate boundary line to the TRUE POINT
OF BEGINNING.
Containing 1 acre (more or less)
SEC. 315,
T. 29 S., R. 26 E., M.D.M.
I I
~ ;TOCKDALE
RM. 4687
TRACT 4444 'A" ,~ "....~v,....'
EANN COURT
'
SEC. 2, T. $0 S., R. 26 E., M.D.M.
HIGHWAY
ANNEXATION NO. ~,96
RESOLUTION NO,__
ANNEXATION OF
ALLEN ROAD No. 2.
TO THE CITY OF 8AKKRSFIELD I ~ ACRE
I00 0 I00 200 300
· ~ ...... EXL~TIN~ CORPORATE BOUNGM~Y
I i , I I. Pf~PO~D MXATION BOUNDARY
EXHIBIT "B"
B. XHIBIT C
AGREEMENT NO. g 7 - 3 3 ].
0EC $ 1~7
THIS AGREEMENT is made and entered into on , by and between the CITY
OF BAKERSFIELD, a municipal corporation, ("CITY" herein) and TAK FOUY CHAO,
("OWNER" herein).
RECITALS
WHEREAS, CITY would like to annex OWNER's property, described in Exhibit 'A',
attached hereto and incorporated as though fully set forth herein, (hereafter, the "Subject
Property") into the city; and
WHEREAS, OWNER will not protest the annexation of the Subject Property into
the city, if certain assurances can be made by the CITY.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and OWNER
mutually agree as follows:
1. CITY may annex the Subject Property without protest from OWNER.
2. CITY will construct a sewer lateral to the Subject Property.
3. CITY will construct a right-turn lane to the Subject Property from Allen Road,
including signal relocation and paving
Property.
CITY will construct the necessary storm drain adjacent to the Subject
5. CITY will perform numbers 3 and 4 above within thirty (30) days of execution
of this agreement.
6. WAIVER OF DEFAULT. The failure of any party to enforce against another
a provision of this Agreement shall not constitute a waiver of that party's right to enforce
such a provision at a later time, and shall not serve to vary the terms of this Agreement.
7. MERGER AND MODIFICATION. This contract sets forth the entire
Agreement between the parties and supersedes all other oral or written representations.
This contract may be modified only in a writing approved by the City Council and signed
by all the parties.
8. TERMINATION. This Agreement may be terminated by any party prior to th_e~
initiation of any of the work detailed above, and pr or to the ~n~bation of annexa~
proceedings, upon ten days written notice, served by mail or personal service, to all ~ther
parties. ~ ORIG1N ~,!.
9. EXECUTION. This Agreement is effective upon execution. It is the product
of negotiation and therefore shall not be construed against any party.
10. NOTICES. All notices relative to this Agreement shall be given in writing and
shall be personally served or sent by certified or registered mail and be effective upon
actual personal service or depositing in the United States mail. The parties shall be
addressed as follows, or at any other address designated by notice:
CITY:
CITY OF BAKERSFIELD
CITY HALL
1801 Truxtun Avenue
Bakersfield, Califomia 93301
OWNER:
TAK FOUY CHAO
1808 Airport Drive
Bakersfield, Califomia 93308
11. FORUM. Any lawsuit pertaining to any matter arising under, or growing
out of, this contract shall be instituted in Kern County, California.
12. ASSIGNMENT. This contract shall not be assigned by any party, or any
party substituted, without prior written consent of all the parties.
13. BINDING EFFECT. The rights and obligations of this Agreement shall inure
to the benefit of, and be binding upon, the parties to the contract and their heirs,
administrators, executors, personal representatives, successors and assigns.
14. CORPORATE AUTHORITY. Each individual executing this Agreement
represents and warrants they are duly authorized to execute and deliver this Agreement
on behalf of the corporation or organization, if any, named herein and this Agreement is
binding upon said corporation or organization in accordance with its terms.
Texaco Annexenon AGREEMENT
S:'~;~..AN~ANN EX'~GRS\TEXACO.K~ber 10,1~7
- Page 2 of 3 Pages -
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed, the day and year first-above written.
APPROVED AS TO FORM:
JUDY K. SKOUSEN
City Attorney
APPRO~/ED AS TO~'IONTENT:
DEVELOPMENTSERVICES
~' Deveol pmentj,~ces Director
COUNTERSIGNED:
CITY OF BAKERSFII
~E
BOB
Mayor
"OWNER"
LCM/fet
Texaco Aanexat~n AGREEMENT
S:',j;~L/~,,~N EX~AGRS~TEXACO.K-November 10, 1997
- Page 3 of 3 Pages -
O~tlGINAL
Exm'RIT "A"
ALLEN ROAD NO. 2
ANNEXATION NO. 396
A portion of the southeast 1/4 of Section 35, Township 29 Soutk, Range 26 East, M.D. M., County
of Kern, State of California, more pardcularly described as follows:
Commencing at the southeast comer of said Section 35, said comer being officially marked by a
Kern County Surveyor's Concrete Monument and desi?a~ed as 676,840.257 fec't Nortlx,
1,658,681.017 feet East p~r the California Coordinate Syst~n, Zone 5;
.Thence South 89° 37' 19" West. along the south line of said Section 35, a distaace of 400.00 feet
to intersect the southerly prolongation of the west line of Lot 33 of Tract No. 3620 per map filed
in Map Book 30, Page 186 in the office of the Kern County Recorder, said point also being on the
existing exterior corporate boundary line of the City of Bakersfield and is the TRUE POINT OF
BEGINNING;
Thence (1) departing from said corporate boundary, North 00° 19' 41" West, along said west lot line
(and prolongation thereof), 175.00 feet to the northwest comer of said Lot 33;
Thence (2) North 89° 37' 19" East, along the north Line of said lot, a distance of 345.00 feet to a
point on the wes~ line of the east 55 feet of said Section 35 (west right of way line of Allen Road),
also being a point on the existing corporate boundary of the City of Bakersfield;
Thence (3) southerly and westerly along said existing corporate boundary llne to the TRUE POINT
OF BEGINNING.
Containing I acre (more or less)
CHECKED by
KERN COUNTY SURVEYORS OFFICE
Date
ORIGiNAL