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HomeMy WebLinkAboutORD NO 2152 ORDINANCE NO. 2152 NEW SERIES AN ORDINANCE APPROVING ANNEXATION OF A PARCEL OF UNINHABITED TERRITORY TO THE CITY OF BAKERSFIELD, CALIFORNIA, DESIGNATED AS "BEALE NO. 3," AND PROVIDING FOR THE TAXA- TION 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 1st day of October, 1973, 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. 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 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 15th day of October, 1973, pass a Resolution being No. 86-73 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 terri- tory so proposed to be annexed to the City of Bakersfield, and desig- nating such territory by an appropriate name, and setting Monday, December 3, 1973, at the hour of 8 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 WHEthEAS, 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 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 com- pleted 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 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 suhdivisions (ia) 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 "Beale No. 3"; 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 the southwest quarter of Section 21, Township 29 South, Range 28 East, M.D.B.& M., and also being a portion of Drury's Addition to Kern, as per map filed April 27, 1893 in Book 1 of Maps, at Page 41, in the Office of the County Recorder of said Kern County, and more particularly described as follows: Beginning at the intersection of the exterior boundary of the City of Bakersfield with the south line of County Road No. 1049, said road being an alley, of 20 feet in width, in Block 34 in said Drury's Addition, said point of intersection also being the northwest corner of Lot 22, in said Block 34; Thence (1) departing from said exterior boundary, S 73°07'21"E, along the southerly right-of-way line of said County Road No. 1049 and southeasterly prolongation thereof, 666.08 feet, more or less, to intersect the southeasterly right-of-way line of State Highway Route 178 (VI-Ker-178) as recorded October 28, 1966, in Book 3, at Page 15 of State Highway Maps in the office of the Kern County Recorder; Thence (2) along said southeasterly right-of-way line, S 37°21'59'~, 110.28 feet; Thence (3) S 46°53'25'~, 146.32 feet, to intersect the south right- of-way line of' Jefferson Street lformerly Main Street, of 80 feet in width, as shown on said Drury s Addition), said intersection being in the Corporate Boundary of the City of Bakersfield; Thence (4) northwesterly, and along the various courses of the said corporate boundary to the point of beginning. Containing 2.75 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, 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 0rdinance 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. 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 3rd day of December, 1973, by the follow- ing vote: AY-'S: COUNCILMEN ~, HEISEY, MEDDERS, ROGERS, STRONG,, THOMAS. CITY 'CLERK and Ex Officz'o Cler~ of the Council of the City of Bakersfield AP~ber, 1973 MAYOR of th~-C[ty of'Bakersfield APPROVED as to form: CITY ATTORNEY of the C~ty of Bakersfield 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 ................. .D...e..c...e...m..b...e...r.....4. ............................................ 19...7..3... 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 ................... ..D..e...c...e..m..b..e...r.....3.. ..................... 19..?...3.., which ordinance was numbered ...........2...1...5..2.. ................... New Series, and entitled: AN ORDINANCE APPROVING ANNEXATION OF A PARCEL OF 'UNINHABITED TERRITORY TO THE CITY OF BAKERSFIELD, CALIFORNIA, DESIGNATED AS "BEALE NO. 3," AND PROVIDING FOR THE TAXATION OF SAID TERRITORY TO PAY THE BONDED INDEBTEDNESS OF SAID CITY. City ~lerk ~ ' - Subscribed and sworn to before me this ...4...t..h......day of December ,19 73 ......... .'.;.'Z iii i iiiiii Notary Public in and for the County of Kern. State of California ]J {~iS!~ NOTARY PUBLIC-CALIFORNIA J[ 2[ ~~ ~OND FILED IN ~ JI ~' KERN COUNTY II J]MY COMMI~ION EXPIRES NOVEMBER 26, 1976 ~