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HomeMy WebLinkAboutORD NO 1748 ORDINANCE NO. '1748 NEW SERIES AN ORDINANCE APPROVING ANNEXATION OF A PARCEL OF-.. UNINHABITED TERRITORY TO THE CITY .OF BAKERSFIELD, CALIFORNIA, DESIGNATED AS "CALIFORNIA AVENUE NO. 1", AND PROVIDING FOR THE TAXATION OF SAID TERRITQ~¥ TO PAY THE BONDED INDEBTEDNESS OF SAID CITY. ' ' .... WHEREAS, a petition was filed with the.Council of the City of Bakersfield on the 13th day of June, 1968, requesting that certain uninhabited territory therein described be annexed to and incorporated within the City of Bakersfield, and ..~..~.~: WHER~kS, said petition was signed by the owners of one- fourth of the land, by area, and by assessed value as shown on the last equalized, assessment roll of the County of Kern, and WHEREAS, the territory described in said petition is contiguous territory to be annexed, and WHERF~AS, the said territory does not form a part of any other city, and WHEREAS, prior to the date hereof there has been filed in the office of the City Clerk of the City of Bakersfield, a written consent, signed by the owners of more than two-thirds of the value of the territory, that said territory be subjected to taxation after' the completion of such annexation equally with the property in the City of Bakersfield to pay the bonded indebtedness of said City therein described, as provided for in Ordinance No. 893, New Series, in Ordinance No. 950, New Series, in Ordinance No. 1112, New Series, in Ordinance No. 1229, New Series, in Ordinance No. 1364, New Series, and in Ordinance No. 1593, all of the City of Bakersfield, and any and all other indebtedness or ..... l~a~b'iI'ft~'-~f't~ City outstanding or authorized O~'~and after the ' date of completion of said annexation, and this Council hereby determines that said consent is signed by the owners of more than two-thirds of the value of the territory, and complies in every respect with the provisions of Section 35319 'of the Government Code of the State of California, and WHEI~EAS, the Council of the City of Bakersfield did, on the 17th day of June, 1968, pass a Resolution being No. 55-68, in compliance with the provisions of the Annexation of Uninhabited Territory Act of 1939, and amendments thereto, being Title 4, Division 2, Part 2, Chapter 1, Article 5 of the Government Code of the State of California, specifically describing the boundaries of the territory so proposed to be annexed to the City of Bakersfield, and designating such territory by an appropriate name, and setting Monday, the 5th day of August, 1968, at the hour of 8:00 p.m. in the Council Chambers of the City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the day, hour and place when and where the City Council would hear protests made by any person owning real property within the aforesaid territory, and WHEP~EAS, said Resolution was published at least twice, but not oft'ener than once a week in The Bakersfield Californian, a newspaper of general circulation published in the City of Bakersfield, and also in The Oildale News, a newspaper of general circulation published outside of the City of Bakersfield, but in the county where said territory is located, said publications having been completed at least twenty days prior to the date set for said hearing, in compliance with Section 35311 of the Government Code, and WHE~hEAS, the City Clerk of the City of Bakersfield has caused writter, notice of such proposed annexation to be given by · .-mail at..-least twenty days before the public hearing on. said proposed annexation to the persons entitled thereto, in compliance with subdivisions (a) and (b) of Section 35311 of said 'Government Code, and 2. WHEREAS, at the time set fq~.~ .hearing protests, no written protests were filed against the proposed annexation by any owner of property within the territory proposed to be annexed. NOW, THEREFORE, BE IT ORDAINED by the Council ~..f the City of Bakersfield, as follows: That the City Council of the City of Bakersfield hereby approves the annexation to and inclusion within the incorporated limits of the City of Bakersfield, of that certain uninhabited territory designated as "CALIFORNIA AVENUE NO. 1"; and it is hereby further ordained that said territory be and the same is hereby"' annexed to said City; that said territory is described as follows: A parcel of land situate in the County of Kern, State of California, and being a portion of Sections 26, 34 and 35, Township 29:..S°uth, Range 27 East, M.D.B. & M., and Section 3, Township 30 South, Range 27 East, M.D.B. & M., and more particularly described as follows: Beginning at the intersection of the west line of said Section 35 with the north line of the south 85 feet of said Section 35; THENCE (1) easterly along the north line of the south 85 feet of said Section 35 to intersect the westerly boundary of Tract No. 1751, as said tract is shown on a map recorded April 12, 1956 in .Book 9 of Maps, Page 63, Records of said Kern County; THENCE (2) as. per map of said Tract No. 1751, along the'following 4 courses: N 3~°36'00"E, 185.91 feet; THENCE (3) N 04°15'00'~4, 843.00 feet; THENCE (4) N 29°15'00"E, 530.00 feet; THENCE (5) S 74°30'00"E, 309.54 feet, to the northwest corner of Tract No. 1750, as said Tract is shown on a map recorded January 26, 1955 in Book 8 of Maps, Page 181, Records of said Kern County; THENCE (6) as per map of said Tract No. 1750, along the following 2 courses: S 74.°30'00"E, 305.46 feet; THENCE (7) N 52°30'00"E, 172.03 feet, to intersect the westerly ..boun.dary_.of Tr'~ct No. 1753, as said tract is shown on a map record.ed July 14, '1~4', in Book 8 of MaPs, Page 139, records of said Kern County; THENCE (8) as per map of said Tract No. 1753, along the following 2 courses: N 52°30'00"E, 397.97 feet; THENCE (9) N 20°45'00'%{, 339.90 feet, to the southwest corner of Tract No. 2483, as said tract is shown on a map recorded December 30, 1960 in Book 11 of Maps, Page. 155, Records of said Kern County; 3. THENCE (10) as per map of said Tract No. 2483, a.~0ng the following 2 courses: N 20°45'00"W, 237.10 feet; THENCE (11) N 18°00'00"E, 162.31 feet, to ·intersect the wester~ extension of the south property line of Lot·27, Tract No. 1800 as said tract is shown on a map recorded January 26, 1956, in Book 9 of Maps, Page 43, Records of said Kern County, said intersection also being the southwest corner of the County Drainage Easement adjoining said Tract No. 1800; THENCE (12) as per map of said Tract No. 1800 and also being along the westerly boundary of said County Drainage Easement, N 18~00'00"E, 1007.69 feet; THENCE (13) N 39°45'00"E, 9.89 feet to a point on the southerly right of way line of Garnsey Lane, being also a point on.·.southwesterly right of way line of County Road No. 2099 as said southwesterly right of way line is described in that certain deed recorded in Deed Book 3220, Page 332, Official Records of said Kern County; THENCE (14) along the following 3 courses of the last named deed description: N 54°42'35'~, along said southwesterly right of way line to intersect the northwesterly right of way line of ·said County Road No. 2099; THENCE (15) N 35°17'25"E, along said northwesterly right of way line to intersect the northeasterly right of way line of said County Road No. 2099; THENCE (16).~'~' 48°59'57"E. , along said northeasterly right of way line of said County Road No. 2099, being course 5 of said deed description, to a point which is the intersection of the northerly right of way line of Chester Lane and the westerly boundary line of said Tract No. 1800, said Chester Lane being as shown on the map of said Tract No. 1800, said intersection also being the southwest corner.of that certain parcel of land as described in that certain deed, recorded December 11, 1958, in Book 3049 of Deeds, Page 249, Official Reco~ds of said Kern County; THENCE (17) along the following 2 courses of the last named deed description: N 31°15'00"E, 96.30 feet, to the northwest corner of the last named parcel; THENCE (18) N 89°53'15"E, 111.34 feet, to the northeast· corner of the last named parcel, said northeast corner being a point on the corporate boundary of the City of Bakersfield as defined by Ordinance No. 1493, New Series; THENCE (19) northeasterly along course 3 of the last named corporate b~undary to a point which is the western terminus of course 10 of the corporate boundary of the City of Bakersfield as defined by Ordinance No. 1445, New Series; ~H~E··(~)'-'~°rtheasterly, northwesterly, northeasterly°and ·north,~ westerly along courses 11 through 25 of the last named corporate boundary to intersect the south right of way line of the Atchison, Topeka and Santa Fe Railroad; THENCE (21) departing from the corporate boundary, S 89°48'12"W, 519.20 feet; along the last named south right of way line; e THENCE (22) S 0°11'48"E, 250.00 feet; THENCE (23) S 89°48'12'~, 850.00 feet; THENCE (24) S 0°11'48"E, 50.00 feet; THENCE (25) S 89°48'12'~, 1616.99 feet to a point on the southeasterly bank of Gates Canal; THENCE (26) S 47°49'12'~, 599.96 feet, along said southeasterly' bank; lll THENCE (27) S 35°20'42"W 132.32 feet, along said southeasterly bank; ' THENCE (28) S'26°50'42'~, 868.75 feet along said southeasterly bank to intersect the west line of said Section 35; THENCE (29) south along the last named west line, 828.77 feet; THENCE (30) S 57°11'24"W, 64.29 feet to the beginning of a curve, concave to the southeast, having a radius of 2855 feet; THENCE (31) southwesterly along said curve, through a central angle of 56°39'40'' an arc distance of 2823.37 feet to a point of tangency; THENCE (32) ~. 0°31'44'~, to intersect the easterly extension of the south line of the certain parcel of land. as described in a deed recorded July 10, 1963 in Book 3623, Page 963, official records of said Kern Coum. ty; THENCE (33) westerly, along the last named easterly extension and along the south line of the last named parcel of land, to the northeast corner of that certain parcel of land as described in a deed recorded October 30, 1964 in Book 3780, Page 707, official records of said Kern .County; THENCE (34) southerly along the east line of the last named parcel of land and southerly extension thereof, to intersect the south right of way line of County Road No. 2341 in said Section 3; THENCE (35) easterly along the last named south right of way line to a point which lies 645.28 feet westerly as measured along said south right of way line from the northwest corner of that certain parcel of land. as described in a deed recorded February 15, 1965 in Book 3813, Page 796, official records of said Kern County~ THENCE (36) S 0°31'44'~, 270.36 feet; THENCE (37) S 35°48'40"E, 563.86 feet; THENCE (38) S 62°51'13"E, 53.44 feet; .... ~EN~E~'(~))' '~-89~53'49"E, 528.9~ feet, to a point on the'east ' ' l right of way line of New Stine Road, of 110 feet in width, said east right of way line being also the east line of the west 55 feet of the E~ of the E~ of said Section 3; THENCE (40) N 0°06'17"E, along the last named east right of way line and the northerly extension thereof, to intersect the north right of way line of County Road No. 2341 in said Section 34; THENCE (41) easterly along the last named north right of way line to the point of beginning and containing 423 acres of land, more or less. Said territory, and the property located therein, shall, upon the completion of the annexation of the same to the City of Bakersfield, be subjected to taxation equally with Other property in the City of Bakersfield to pay the bonded indebtedness of the City of Bakersfield, described in the aforementioned consent of the owners of property, located therein, the issuance of bonds to represent said.indebtedness being provided for in Ordinance No. 893, New Series, in Ordinance No. 950, New Series, in Ordinance No. 1112, New Series, in Ordinance No. 1229, New Series,. in Ordinance No. 1364, New Series, and in Ordinance No. 1593, all of said City, and any and all other indebtedness or liability of the City outstanding or authorized on and after the date of completion of said annexation. SECTION 2. This ordinance shall become effective thirty days from and after the date of its passage. o0o I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 5th day of August, 1968, by the following vote: AYES: COUNCILMEN HEIS~EY; HOSKING,, REES,~~, VETTER, WHITTEMORE NOES: COUNCILMEN: ~. ~.~,~-,~L.." ~ ABSTAINING COUNCILMEN: ~ " CITY OLERK and Ex, OffiCio Clerk of the Council of the City of Bakersfield. APPROVED~i..t-.~i~s °-.~.' d~ay ;:o'f August, 1968 MAYOR of '.the City of 'Bakersfield APPROVED: Kenneth W. Hoagland C I'l~f ATTORNEY Affi avi! of IIosting rilinau es STATE OF CALIFORNIA,~ County of Kern ~ ss. MARIAN S. IRVIN, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on ............ .t...h.?......6..t...h....~d..a.~......o..f......A..u...g...u..s...t..~. ................. 19...6..8... she posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on ...... ..t..h...e._.5...t...h.....d...a.~....o..~.....~.u.g.u...s..t.. ..... 19...6...8.., which ordinance was numbered ............. .1...7..4...8. ................. New Series, and entitled: AN ORDINANCE APPROVING ANNEXATION OF A PARCEL OF UNINNABITED TERRITORY TO THE CITY OF BAKERSFIELD, CALIFORNIA~ DESIGNATED AS "CALIFORNIA AVENUE NO. 1", AND PROVIDING FOR THE TAXATION OF SAID TERRI- TORY' TO PAY THE BONDED INDEBTEDNESS OF SAID CITY. Subscribed and sworn to before me this ...6...t...h.....day of .............. .A...u.g..u..s...t..~ ................ ,19 ..... .6...8 Notary, Public in and for the County of Kern, State of California .......................................... 6~'i~'~i.:'~r,~ ~?~...i~. ,~,~;,, ~ c,-,,~- . ............... ~, ~,';. , ........... ,' --.. ,.,,..~ ........... WALTER W. 5a, Uln MY commission Expires June 8, 1969