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HomeMy WebLinkAboutRES NO 123-00RESOLUTION NO.. ]' 2 3" 0 0 A RESOLUTION MAKING FINDINGS THAT NO WRITTEN PROTEST HAS BEEN FILED AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 1286, ANNEXATION NO. 412, ANNEXED TO THE CITY OF BAKERSFIELD. (WARD 5). WHEREAS, Resolution of Application No. 10-00, dated February 9, 2000, 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. 1286, Annexation No. 412, the exterior boundaries of which are described in Exhibit "A", and shown on the map marked Exhibit "B", attached hereto and incorporated herein by this reference; and WHEREAS, a duly noticed public hearing upon said proposal was held before the Commission on August 22, 2000; and WHEREAS, following said public hearing the Commission, on August 22, 2000, adopted its Resolution Making Determination, being Resolution No. 00-18, recorded in Minute Book 47 of said Commission said Resolution is attached hereto as Exhibit "C" and is incorporated herein say this resolution; and WHEREAS, the City Clerk of the City of Bakersfield set WEDNESDAY, SEPTEMBER 13, 2000, at the hour of 7:00 p.m. (or as soon thereafter as the matter may be heard) in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time, date and place that the City Council shall consider adoption of this Resolution ordering the annexation of territory designated as Annexation No, 412; and WHEREAS, the laws and regulations relating to the preparation and adoption of Negative Declaration as set fodh in accordance with CEQA has been duly followed; and WHEREAS, said territory lies within the Greater Bakersfield Separation of Grade District; and WHEREAS, the reason for the annexation is that the property owner desires to receive city services. 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 no written protests have been filed on the territory to be annexed. 2. That the said territory designated as Proceeding No, 1286, Annexation No. 412, as described herein, and every part thereof, is hereby ordered annexed to the City of Bakersfield. 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 Reorganization 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 Greater Bakersfield Separation of Grade District and shall furnish such Secretary with a certified copy of this resolution. 6. That the Clerk shall forthwith transmit a copy of the resolution to James R. Parker, Jr., c/o Greater Bakersfield Separation of Grade District, P.O. Box 2205, Bakersfield, CA 93303. ......... o0o ........ I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBERCARSON, DEMOND, MAGGARD, COUCH, GREEN, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER OCT 11 ZO~ APPROVED APPROVED as to form: BART J. THILTGEN City Attorney CARL HERNANDEZ III Assistant City Attorney MO:pah August 23, 2000 S:~Annexation\r412-cc.wpd 2 EXHIBIT "A" ROSEDALE NO. 8 ANNEXATION NO. 412 A parcel of land being a portion of the south 1/2 of Section 23 and a portion of the northwest 1/4 of Section 26, T. 29 S., R. 27 E., M.D.M., County of Kern, State of California, more particularly described as follows: Commencing at the north 1/4 comer of said Section 26 shown as a found monumented comer per Caltrans fight of way map for State Route V1-KER-58 (at Mile Post 51.62), said comer, by calculated conversion, being 2,327,410. 530 feet North and 6,249,378.741 feet East per California Cordinate System (N.A.D. 83) Zone 5; Thence N 89° 46' 00" W, a. long the north line of said Section 26, a distance of 1303.68 feet to intersect the northerly prolongation of the east fight of way line of Gibson Street (Co.Rd. No.1270, being 40 feet in width); Thence S 00° 59' 30" W, along said prolongation line, 30.00 feet to the point of intersection of the east fight of way line of Gibson Street and the south right of way line of Rosedale Highway (State Route VI-KER-58) said point being an angle point on the existing corporate boundary of the City of Bakersfield and is the TRUE POINT OF BEGINNING; Thence (1) departing from said corporate boundary, N 00° 59' 30" E, along the prolongation of said east fight of way line (Gibson Street), 30.00 feet to intersect the south line of said Section 23; Thence (2) N 00° 10' 00' W, 80.00 feet to intersect the north fight of way line of Rosedale Hightway (State Route VI-KER-58); Thence (3) S 89° 46' 00" E, along said north fight of way line, 381.44 feet to an angle point thereon; Thence (4) S 88© 35' 50" E, along said fight of way line, 169.61 feet to meet the southerly prolongation of the west line of Parcel "A" of Parcel Map No. 5907 Filed for Record in Book 26 of Parcel Maps, Page 35 in the office of the Kern County Recorder; Thence (5) N 00° 10' 00" W, 893.68 feet to the northwest comer of said Parcel "A"; Thence (6) S 89° 46' 00" E, 753.79 feet to the northeast comer of said Parcel "A"; -1- Thence (7) S 89° 47' 05" E, along the north line of Parcel 1 of Parcel Map No. 3731 Filed for record in Book 17 of Parcel Maps, Page 66, in the office of the Kern County Recorder, a distance of 470.53 feet to the northeast corner thereof; Thence (8) S 00° 06' 05" E, 416.00 feet to the southeast corner of said Parcel 1, said corner being a point on the existing corporate boundary of the City of Bakersfield; Thence along said existing corporate boundary line for courses (9) through (13) as follows: Thence (9) N 89° 47' 05" W, 470.53 feet; Thence (10) S 00° 06' 05" E, 554.20 feet to meet the south 1/4 corner of said Section 23 (common with said north 1/4 corner of section 26); Thence (11) S 00° 19' 08" W, along the mid-section line of said Section 26, a distance of 48.88 feet to intersect the south right of way line of Rosedale Highway; Thence (12) N 88° 35' 50" W, along said south right of way line, 924.04 feet; Thence (13) N 89° 46' 00" W, along said fight of way line, 380.15 feet to the TRUE POINT OF BEGINNING. Containing 23.37 acres (more or less) G:~GROUPDAT~,On~Jmex No. 4 12 - Rosedle No. 8. wpd -2- ()f~GiNAL PARCEL MAP WAIVER NO. 7-96 PARCEL cEC, 2,3 No NO R, 27 F ' """°°" "' """' ;'7. ,~ c:':'.'~;.;.;~ ;!.V~ :T;~;g~'::': ......-- .... atE--3~,t'rff,;7;,,,,,,,,, ~ ,,,,,,,,,,,,, ,' MAP, - " ' " ! lr ,' TD PARCEL MAP NO 2~J731 ~' '~" ~: I ~ ~- . PANEL MAt' NO 8378 * - ' PARCEL i LLA 125-90 (IO) ~.~',,.,,,,,,,.,. ,F,,,,,.~. ~', ,~.~ ... ,,,,,,~.~~Cd.~:C~r . ..~ ~ ~.~. VICINITY MAP NelEXATION leO, ~ NEIOI.UTKII NO. __ ANNEXATION OF ROSEDALE NO. 8 TO THE CITY O~ BAKER~qELO _I.LJLT! AC~S SCALE: EXHIBIT "B" EXHIBIT "C" In the Matter of: BEFORE THE LOCAL AGENCY FORMATION COMMISSION COUNTY OF KERN, STATE OF CALIFORNIA CITY OF FIAKERSFIEI,D: Annexation No. 412 (Rosedale No. 8) Proceeding No. 1286 : : Resolution No. 00-18 : : Minute Book 47 I, William A. Turpin , E~ecutlve Officer, of the LOCAL AGENCY FORMATION COMMISSION, COUNTY OF KERN, STATE OF CALII~ORNIA, hereby certify that the following resolution, proposed by Commissioner Pere~, seconded by Commissioner McLaughlin, was duly adopted by the Commission at an official meeting thereof held on the 22"d day of August, 2000, by the following vote: AYE: Kunkel, Martine~ McLaughlin, Miller, Ortiz, Perez, Peterson NAYE: None RESOLUTION MAKING DETERMINATION Section 1. WHEREAS: (a) A proposal has been submitted to this Commission for the annexation of territory to the City of Bakers~eld designated as Annexation No. 412 (Rosedale No. 8); and (h) Pursuant to notice published, posted and mailed, as prescribed by law, a public hearing upon the proposal was held before this Commission on August 22, 2000, and LAFCKC ~6 -1- .;- --- Resolution No. 00-18 -2- 8/22/00 (c) On August 22, 2000, the Commission as a responsible agency considered the City's Negative Declaration; and (d) The Commission is fully advised in the premises: Section 2. NOW, THEREFORE, BE IT RESOLVED by the Local Agency Formation Commission, County of Kern, State of California, as follows: 1. Specific reference is hereby made to all the papers, documents, files and proceedings heretofore and now taken, had and filed in this matter with particular reference to Minute Item 8/22/00-02, as appears upon the official minutes of the proceedings of this Commission. 2. The Commission now finds and determines: (i) All of the proceedings heretofore and now taken and had in this matter have been and now are in all respects as required by law. (ii) The territory proposed to be annexed is uninhabited. (iii) There is 100% landowner consent. (iv) The facts set out in the REPORT AND RECOMMENDATION of the Executive Officer dated August 16, 2000, are true. (v) The annexation to the City of Bakersfield designated as Annexation No. 412 (Rosedale No. 8) will be in the best public interest. Resolution No. 00-18 -3- 8/22/00 3. The annexation to the City of Bakers~eld as set forth in the APPI,ICATION FOR PROCEEDING ON RESOLIJTION BY LEGISLATIVE BODY, filed herein on August 2, 2000, is hereby approved with notice and hearing subject to an election. and CONDITION RECOMMENDED BY EXECIJTIVE OFFICER: "The City of Bakersfield shah sign an agreement to actively defend or indemnify and hold harmless the Kern County Local Agency Formation Commission or its agents, officers and employees, from any liability or loss connected with the approval of City of Bakersfield: Annexation No. 412 (Rosedale No. 8). Said agreement shah be signed prior to the issuance of the Executive Officer's Certificate of Completion for said annexation." 4. There is hereby assigned to the territory proposed to be annexed the following distinctive short form designation, to-wit: City of Bakersfield: Annexation #412 (Rosedale No. 8). 5. The City Council of the City of Bakersfield is designated as the conducting authority~ and is hereby directed to initiate annexation proceedings with notice and hearing in compliance with this resolution. 6. The territory proposed for annexation, and which annexation is hereby approved, all within the County of Kern, State of California, is particularly described and delineated in Exhibit "A" attached hereto and by reference made apart hereof. EXHIBIT "A" ROSEDALE NO. 8 ANNEXATION NO. 412 A parcel of land being a portion of the south 1/2 of Section 23 and a portion of the northwest 1/4 of Section 26, T. 29 S., R. 27 E., M.D.M., County of Kern, State of California, more particularly described as follows: Commencing at the north 1/4 comer of said SeCtion 26 shown as a found monumented comer per Caltrans right of way map for State Route V1-KER-58 (at Mile Post 51.62), said comer, by calculated conversion, being 2,327,410. 530 feet North and 6,249,378.741 feet East per California Cordinate System (N.A.D. 83) Zone 5;. Thence N 89° 46' 00" W, .along the north line of said Section 26, a distance of 1303.68 feet to intersect the northerly prolongation of the east fight of way line of Gibson Street (Co.Rd. No.1270, being 40 feet in width); Thence S 00° 59' 30" W, along said prolongation line, 30.00 feet to the point of intersection of the east right of way line of Gibson Street and the south right of way line of Rosedale Highway (State Route VI-KER-58) said point being an angle point on the existing corporate boundary of the City of Bakers field and is the TRUE POINT OF BEGINNING; Thence (1) departing from said corporate boundary, N 00° 59' 30" E, along the prolongation of said east right of way line (Gibson Street), 30.00 feet to intersect the south line of said Section 23; Thence (2) N 00 ° 10' 00' W, 80.00 feet to intersect the north right of way line of Rosedale Hightway (State Route VI-KER-58); Thence (3) S 89° 46' 00" E, along said north right of way line, 381.44 feet to an angle point thereon; Thence (4) S 88 ° 35' 50" E, along said right of way line, 169.61 feet to meet the southerly prolongation of the west line of Parcel "A" of Parcel Map No. 5907 Filed for Record in Book 26 of Parcel Maps, Page 35 in the office of the Kern County Recorder; Thence (5) N 00° 10' 00" W, 893.68 feet to the northwest comer of said Parcel "A"; Thence (6) S 89° 46' 00" E, 753.79 feet to the northeast comer of said Parcel "A"; -1- ':7z5 !, Thence (7) S 89° 47' 05" E, along the north line of Parcel 1 of Parcel Map No. 3731 Filed for record in Book 17 of Parcel Maps, Page 66, in the office of the Kern County Recorder, a distance of 470.53 feet to the northeast comer thereof; Thence (8) S 00° 06' 05" E, 416.00 feet to the southeast comer of said Parcel 1, said comer being a point on the existing corporate boundary of the City of Bakersfield; Thence along said existing corporate boundary line for courses (9) through (13) as follows: Thence (9) N 89 ° 47 05" W, 470.53 feet; Thence (10) S 00° 06' 05" E, 554.20 feet to meet the south 1/4 comer of said Section 23 (common with said noah 1/4 comer of section 26); Thence (11) S 00° 19' 08" W, along the mid-section line of said Section 26, a distance of 48.88 feet to intersect the south fight of way line of Rosedale Highway; Thence (12) N 88° 35' 50" W, along said south fight of way line, 924.04 feet; Thence (13) N 89° 46' 00" W, along said fight of way line, 380.15 feet to the TRUE POINT OF BEGINNING. Containing 23.37 acres (more or less) G:\GROUPDATXRonXAnnex NO, 412 - Rosedale No, 8.wpd -2-