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HomeMy WebLinkAboutORD NO 1959 ORDINANCE NO. 1959 NEW SERIES AN ORDINANCE APPROVING ANNEXATION OF A PARCEL OF UNINHABITED TERRITORY TO THE CITY OF BAKERSFIELD, CALIFORNIA, DESIGNATED AS "AIRPARK NO. 1" 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 21st day of June, 1971, 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 WREREAS, the territory described in said petition is contiguous territory to be annexed, and WHEREAS, the said territory does not form a part of any other city, and WREREAS, 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 taxa- tion after the ~ompletion 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 outstand- ing 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 28th day of June, 1971, pass a Resolution being No. 55-71 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 9th day of August, 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 Bakers- field, and also in the Oildale News, a newspaper of general circula- tion 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 WHEREAS, the City Clerk of the City of Bakersfield has caused written n~tice 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'wit'hin 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 '~irpark 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 7, 8, 17 and 18, Township 30 South, Range 28 East, MDB&M and more particularly described as follows: Beginning at the intersection of the north line of the south 30 feet of said Section 7 with the west line of the east 297 feet of said Section 7, said intersection being a point on the north right-of-way line of Planz Road, also known as County Road No. 543, of 60 feet in width and said intersection being a point on the Corporate Boundary of the City of Bakersfield as defined by Ordinance No. 1636, New Series. Thence (1) easterly, departing from said Corporate Boundary, along said last-named north line and along the north line of the south 30 feet of said Section 8, 354.75 feet, more or less, to intersect the east line of the west 57.75 feet of said Section 8, said intersection also being a point on the east right-of-way line of Union Avenue, also known as County Road No. 97 and 2380, of 115.5 feet in width; Thence (2) northerly along the last-named east line, 4592.94 feet, more or less to intersect the south line of N 1/2 of the N 1/2 of the NW 1/~ of said Section 8; Thence (3) easterly along the last-named south line, 2528.45 feet, more or less, to intersect the west line of the east 30 feet of the W 1/2 of said Section 8, said west line also being the west right-of-way line of Madison Street, also known as County Road Number 1211, of 60 feet in width; Thence (4) southerly along the last-named west line, 2011.26 feet, more or less, to intersect the south line of the north 30 feet of the SW 1/4 of said Section 8, said south line also being the south right-of-way line of Watts Drive, also known as County Road Number 1146, of 60 feet in width; Be Thence (5) easterly along the last-named south line, 30 feet, more or less, to intersect the east line of the SW 1/4 of said Section 8; Thence (6) southerly along the last-named east line and along the east line of the NW 1/4 of said Section 17, 3932.44 feet more or less, to the 'southeast corner of the NE 1/4 of the NW 1/~ of said Section 17; Thence (7) westerly along the south line of the NE 1/4 of the N-W 1/4 of said Section 17, 1320.37 feet, more or less, to intersect the east line of the W 1/2 of the NW 1/4 of said Section 17; Thence (8) southerly along the last-named east line, 1290 feet, more or less, to intersect the north line of the south 30 feet of the NW 1/4 of said Section 17, said north line also being the north right-of-way line of White Lane, also known as County Road No. 782, of'60 feet in width; Thence (9) westerly along the last-named north line, 1262.62 feet, more or less, to intersect the east line of the west 57.75 feet of said Section 17, said east line also being the east right-of-way line of Union Avenue (formerly U. S. Highway No. 99) as shown on a Record of Survey Map recorded November 23, 1946, in Book 5, Page 89 of Record of Survey Maps, Records of said Kern County; Thence (10) (using as a basis of bearing the bearing as shown for said U. S. Highway No. 99 on said Record of Survey Map) N 0°00'23'~, along the last-named east line to a point which lies N 0°00'23'~, 469.39 feet and N 89°59'37"E, 57.75 feet from the southeast corner of the NE 1/4 of said Section 18; Thence (11) S 89~59'37'~, 140.50 feet to a point on the west right- of-way line of said Union Avenue (formerly U. S. Highway No. 99 as shown on said Record of Survey Map), said point also being the point of tangency of a curve, concave to the northwest, and having a radius of 27.5 feet; Thence (12) southerly and westerly along said curve, concave to the northwest, with a radius of 27.5 feet through an angle of 89~51'53'' an arc distance of 43.13 feet to a point on the northerly right-of- way line of South Chester Avenue, also known as County Road No. 1090, of 110 feet in width; Thence (13) N 46°48'00'~, 1107.20 feet, along the last-named northerly right-of-way line to the beginning of a tangent curve; Thence (14) northwesterly along said northerly right-of-way line and said curve, concave to the northeast, with a radius of 1945 feet through an angle of 4045'04'' an arc distance of 161.28 feet to intersect the south line of the NE 1/4 of the NE 1/4 of said Section 18, said south line also being the south line of Lot 2 of said Section 18 as shown on "Kern County Sales Map No. 1 of Lands of J. B. Haggin," filed for record May 3, 1889, in the office of the County Recorder of said Kern County; Thence (15) westerly along the last-named south line, 290.03 feet more or less, to the southwest corner of the NE 1/4 of the NE 1/4 of said Section 18, said southwest corner also being the southwest corner of'said Lot 2 of said Section 18 and also being a point on the Corporate Boundary of the City of Bakersfield as defined by e Ordinance No. 1121, New Series; Thence (16) northerly, easterly and northerly along the Corporate Boundary of the City of Bakersfield to the point of beginning and containing 440.94 acres, 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, lin 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 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 23rd day of August, 1971, by the follow- ing vote: AYES: COUNCILMEN BLEECKER, I;~L:;:;~, MEDDERS, REES, RUCKER, THOMAS, WHITTEMORE NOE~: COUNCILMEN: ,~ ~ ^~s~^,,,o ~ou,c~:. ' ' ,7'/~ ' MARIAN S. IRVIN CITY CLERK and Ex-Officio Clerk of the Council o~ the City of Bakersfield ~ICE'MAYOR of ~Ch~e City of B~ersfield APPROVED: ~ CITY ATTORNEY Affi av ! of j os ng r nan es 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 ................... .A...u..~..u...s.~.....2.?.. ............................................ 19..7...1... 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 ............... ~..u.g.u...s...t..._2...3. ........................... 19..7.1., which ordinance was numbered ...........1..9...5...9. .................... New Series, and entitled: AN ORDINANCE APPROVING ANNEXATION OF A PARCEL OF UNINHABITED TERRITORY TO THE CITY OF BAKERS- FIELD~ CALIFORNIA~ DESIGNATED AS "AIRPARK NO. 1" AND PROVIDING FOR THE TAXATION OF SAID TERRITORY TO PAY THE BONDED INDEBTEDNESS OF SAID CITY. MARIAN S. IRVIN City Cl~,rk Subscribed and sworn to before me this 2.5...t..h....~ay of Augus.t ,19 71 11 ~, KE~N COUNTY ~_ 4Y CO~A~ISSION EXPIRES JUNE 9