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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with Sections 57075 and 57078 of the Government Code, it is hereby found that written protests, if any, filed and not withdrawn prior to the conclusion of the hearing represent landowners owning less than 50 percent of the assessed value of the land within the territory to be annexed.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