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HomeMy WebLinkAboutORD NO 1902 ORDINANCE NO. 1902 NEW SERIES AN ORDINANCE APPROVING ANNEXATION OF A PARCEL OF UNINHABITED TERRITORY TO THE CITY OF BAKERSFIELD, CALIFORNIA, DESIGNATED AS "AUBURN NO. 2", AND PROVIDING FOR THE TAXATION OF SAID TERRITORY TO PAY THE BONDED INDEBTEDNESS OF SAID CITY. WHEREAS, a petition was filed with the Council of the City of Bakersfield on the 7th day of December, 1970, requesting that certain uninhabited territory therein described be annexed to and incorporated within the City of Bakersfield, and WHEREAS, 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 con- tiguous territory to be annexed, and WHEREAS, 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. 1752, 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 liability of the City outstanding or authorized on 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 WHEREAS, the Council of the City of Bakersfield did, on the 7th day of December, 1970, pass a Resolution being No. 84-70 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 18th day of January, 1971, 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 WHEREAS, said Resolution was published at least twice, but not oftener than once a week in the Bakersfield Californian, a newspaper of general circulation published in the City of Bakersfield, and also in t'he 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 com- pleted at least twenty days prior to the date set for said hearing, in compliance with Section 35311 of the Government Code, and WHEiREAS, the City Clerk of the City of Bakersfield has caused written 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 WHEREAS, at the time set for hearing protests, a majority protest was not made against the proposed annexation by owners of property within the territory proposed to be annexed. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield, as follows: SECTION 1. 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 "Auburn No. 2"; 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 13 and 24, T 29 S, R 28 E, M.D.B. & M. Beginning at the point of intersection of the east line of the W~ of the SE~ of the SW~ and the north line of the E~ of the SE~4 of the SW~4 of said Section 13, said point being on the Corporate Boundary of the City of Bakersfield as described by Ordinance No. 1766, New Series; Thence (1) easterly along the last named north line to intersect the east line of SWk of said Section 13; Thence (2) continuing easterly along the north line of the S~ of the SE~ of said Section 13, to intersect on the west line of the east 55 feet of said Section 13; Thence (3) southerly along the last named west line to intersect the south line of said Section 13; Thence (4) S 0°35'11'' W along the west line of the east 55 feet of said Section 24, 120.96 feet to a point on the northerly right-of-way of Route 06-KER-178 (State Route 178 Freeway); Thence (5) along the last named northerly right-of-way line the following si~~. courses: N 83o01'50'' W, 65.35 feet; Thence (6) S 5°04'16'' W, 97.64 feet; Thence (7) S 77°51'57'' W, 650.46 feet; Thence (8) S 89o45'54'' W, 1096.28 feet; Thence (9) S ~ 89~47.' 22" ~W, ~ 800 f 72zfeet; Thence (10) S 89o47'22'' W, 523.46 feet, more or less, to a point on the Corporate Boundary of the City of Bakersfield as defined by Ordinance 1766, New Series; Thence (11) northerly, westerly and northerly along the last named Corporate Boundary to the point of beginning, Containing 127.95 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. 1752, New Series, in Ordinance No. 1229, New Series, in Ordi~nance 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 author- ized on and after the date of completion of said annexation. SECTION 2. Thos ordinance shall become effective thirty days from and after the date of its passage. -o0o e 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 18th day of January, 1971, by the following vote: AYES: COUNCILMEN Bv"m,l'"w-~ H/-ISEY, REES, RUCKER, STIERN, VEI'I'ER, WHITTEMORE NC)ES: COUNCILMEN: AI~STAIN!NG COUNCILMEN: ~'~/,?..t,~..~ ~ ,. CITY-CLERK-and Ex-ODficio 'Clerk of the Council of the City of Bakersfield m PPRO~~January , 1971 APPROVED: ITY ATTORNEY Affi av ! of STATE OF CALIFORNIA, ~ ss. CoUnty of Kern ) 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 ..................... :.I._a...n..u...a~.y.....1..9. ........................................ 19.7.;.1.... she posted on the Bulletin Board at the City Hall, a ~ull, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on ............... ..J..a..p...u..a..,X....1...8. ......................... 19..7...1..., which ordinance was numbered .............1..9...0..2.. .................. New Series, and entitled: AN ORDINANCE APPROVING ANNEXATION OF A PARCEL OF lJ~IINttABITED TERRITORY TO THE CITY OF BAKERS- FIELD, CALIFORNIA, DESIGNATED AS "AUBURN NO..2", AND PROVIDING FOR THE TAXATION OF SAID TERRITORY TO PAY THE BONDED INDEBTEDNESS OF SAID CITY. Subscribed and sworn to before me this ....1...9...t..h..day ~ ........ ~[.a...n...u..a..~.r.~ ...... 19..7...1.... 'JJ '~'~..~/' PRINCIPAL OFFICE IN '~J ~ KERN COUNTY 'il. MY COMMISSION EXPIRES JUNE 9,