The URL can be used to link to this page

Home My WebLink AboutRES NO 128-00RESOLUTION NO. I 2 8 - 0 0 A RESOLUTION MAKING FINDINGS THAT NO WRITTEN PROTEST HAS BEEN FILED AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 1287, ANNEXATION NO. 413, ANNEXED TO THE CITY OF BAKERSFIELD. (WARD 4). WHEREAS, Resolution of Application No.37-00, 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. 1287, Annexation No. 413, 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 September 26, 2000; and WHEREAS, following said public hearing the Commission, on September 26, 2000, adopted its Resolution Making Determination, being Resolution No. 00-19, 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, OCOBER 25, 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. 413; and WHEREAS, the laws and regulations relating to the preparation and adoption of Negative Declaration as set forth 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. 1287, Annexation No. 413, 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 cedificate 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 the Council of the City of Bakersfield at a regular meeting thereof held on OCT 2,..5 ~OOO , by the following vote: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, GREEN, SULLIVAN, SALVAGGIO · COUNCILMEMBER I',J ,Jk/E, ABSTAIN: COUNCILMEMBER I,J GI',.I E ABSENT: COUNCILMEMBER/GOidl3 an rk of the Council of the City of Bakersfield APPROVED OCT 2 5 Z00O y ] fRla CarsoR APPROVED as to form: BART J. THILTGEN City Attorney BY: ~'~'~~ CARL HERNANDEZ III Assistant City Attorney MO:pah October 3, 2000 S:'~Annexat~on\r413-cc wpd EXHIBIT "A" "ROSEDALE NO. 9" ANNEXATION NO. 413 A parcel of land being a portion of the southwest 1/4 of Section 21 and a portion of the northwest 1/4 of Section 28, T. 29 S., R. 27 E., M.D.M., County of Kern, State of Califomia, more particularly described as follows: Commencing at the north 1/4 comer of said Section 28 shown as a found monumented comer per Record of Survey filed in Book 15 of Record of Surveys at Page 105 in the office of the Kem County Recorder, said comer being calculated as 2, 327,563.9217 feet North and 6,238,756.8163 feet East per Califomia Coordinate System (N.A.D. 83) Zone 5; Thence N 89° 46' 45" W, along the north line of said Section 28, a distance of 603.70 feet to intersect the northwest comer of that land granted to Valley Boats, Inc. per Grant Deed filed for record in Book 6943, Page 2150, O.R. in the office of the Kern County Recorder; Thence N 00° lY 56" E along the northerly prolongation of the west line of said Valley Boats, lnc, parcel, a distance of 80.00 feet to intersect the north fight of way line of Rosedale Highway (State Rt. VI-KER-58) said point being on the existing corporate boundary of the City of Bakersfield and is the TRUE POINT OF BEGINNING; Thence (1) departing from said corporate boundary, S 89° 46' 45" E, along the north right of way line of Rosedale Highway, 151.81 feet to intersect the northerly prolongation of the east line of said parcel granted to Valley Boats, Inc.; Thence (2) S 00° iY 56" W, along said prolongation line and east line of said Valley Boats, Inc. parcel, a distance of 205.00 feet to an angle point thereon; Thence southerly and westerly along the exterior boundary of said Valley Boats, Inc. parcel for courses (3) through (7) as follows: Thence (3) N 89° 46' 45" W, 4.11 feet; Thence (4) S 00° lY 56" W, 10.00 feet; Thence (5) S 89° 46' 45" E, 4.11 feet; Thence (6) S 00° iY 56" W, 525.82 feet; Thence (7) N 89 ° 46' 45" W, 151.81 feet to intersect the existing corporate boundary line of the City of Bakersfield; Thence (8) N 00° IY 56" E, along said corporate boundary line, 740.82 feet to the TRUE POINT OF BEGINNING. Containing 2.58 acres (more or less) G:Xsub\SHARED\RONX2000\Annex 413 - Exhibit A.wpd CITy OF BAKERSFIELD ANNEXATION NO. 400, o (6) FRUITVALE SCHOOL SEC. 26 ,, /~. ~ _--~ ,~.,~ , -~ CO, RD . ~ / ANNEXATION NO, 413 RESOLUTION NO,~ ~',, ~ --'~ ANNEXATION OF --~ .....~ ~-' ROSEDALE NO, 9 ~~/ ~ ~_ '.~.~,} TO THE CITY OF BAKERSFIELD ~, 5~ ~ ACRES PROPOSEO ~*~ SCALE: (FEET) / ANN~ I00 0 I00 200 300 ~ J ' ~ ~ ~ ~ ~ ~ ~ EXISTI~ C~ATE B~ / ~' II ; ' ' ' ' ~ ~EXAT'~ ~ VICINITY MAP EXHIBIT "B" In the Matter of: EXHIBIT C BEFORE THE LOCAL AGENCY FORMATION COMMISSION CITY OF BAKERSVI EI ,D: Annexation No. 413 (Rosedale No. 9) COUNTY OF KERN, STATE OF CALIFORNIA Proceeding No. 1287 : : Resolution No. 00-19 : : Minute Book 47 I, William A. Turpin , Executive Officer , of the LOCAL AGENCY FORMATION COMMISSION, COUNTY OF KERN, STATE OF CALIFORNIA, hereby certify thai the following resolution, proposed by Commissioner Perez, seconded by Commissioner Peterson, was duly adopted by the Commission at an official meeting thereof held on the 26m day of September, 2000, by the following vote: AYE: Kunket, Martinez, 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. 413 (Rosedale No. 9); and (b) Pursuant to notice published, posted and mailed, as prescribed by law, a public hearing upon the proposal was held before this Commission on September 26, 2000, and LAFCKC #6 -1- Resolution No. 00-19 ~2- 9/26/00 (c) On September 26, 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 9/26/00-02, 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 September 20, 2000, are true. (v) The annexation to the City of Bakersfield designated as Annexatibn No. 413 (Rosedale No. 9) will be in the best pubic interest. Resolution No. 00-19 9~6/00 3. The annexation to the City of Bakersfield as set forth in the APPLICATION FOR PROCEEDING ON RESOIAITION BY I,EGISLATIVE BODY, filed herein on September 5, 2000, is hereby approved with notice and hearing subject to an election. and CONDITION RECOMMENDED BY EXECUTIVE 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 liabifity or loss connected with the approval of City of Bakersfield: Annexation No. 413 (Rosedale No. 9). Said agreement shall 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 PAl3 (Rosedale No. 9). 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.