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HomeMy WebLinkAboutORD NO 2425ORDINANCE NO. 2425 NEW SERIES AN ORDINANCE APPROVING ANNEXATION OF A PARCEL OF UNINHABITED TERRITORY TO THE CITY OF BAKERSFIELD, CALIFORNIA, DESIGNATED AS "BERNARD NO. 4,~' 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 31st day of May, 1978, 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 Ordinances Nos. 1229, New Series; 1364, New Series; 1593, New Series; 1752, New Series; and 2289, New Series, all of the City of Bakersfield, and any and all other indebtedness or liability of the City out- standing 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 14th day of June, 1978, pass a Resolution being No. 55-78 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 Wednesday, July 26, 1978, 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 WHEREAS, said Resolution was published at least twice, but not oftener than once a week in the Bakersfield Californian, a news- paper of general circulation published in the City of Bakersfield, and also in the Shafter Press, 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 sub- divisions (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 "BERNARD NO. 4"; 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, being portions of Sections 22 and 23 of Township 29 South, Range 28 East, M.D.B.& M. and being more particularly described as follows: Commencing at the southwest corner of the northwest quarter of said Section 23, thence along the west line of said Section, N 0°26'18'~, 878.63 feet; thence, N 89o20'28" E, 460 feet to the northwest corner of Lot 12 as shown on the Map of Tract No. 2314 recorded July 7, 1961, in Book 12 of Maps at Pages 17 and 18, in the office of the County Recorder, of said Kern County, said corner being in the exterior Corporate Boundary of the City of Bakersfield and the True Point of Beginning; Thence (1) departing from said Corporate Boundary, along the westerly boundary of said Tract No. 2314 the following 4 courses, S 0°39'32" E, 70.00 feet; Thence (2) S 32°02'03" W, 391.63 feet; Thence (3) S 89o33'42" W, 195.00 feet; Thence (4) S 0°26'18" E, 155 feet, to intersect the north line of the south 325 feet of the northwest quarter of said Section 23; Thence (5) along said north line of the south 325 feet of said northwest quarter and the north line of the south 325 feet of the northeast quarter of said Section 22, S 89o23'23" W, 410 feet, to intersect the northerly extension of the easterly boundary line of Lot 2 as shown on the Map of Tract No. 2846 recorded June 7, 1963, in Book 13 of Maps at Page 154, in the office of said County Recorder; Thence (6) along said northerly extension, S 0°26'41" W, 160 feet to the northeast corner of said Lot 2 of Tract No. 2846; Thence (7) along the north boundary line of said last named Tract, S 89o23'23" W, 965.39 feet, to intersect said existing exterior Corporate Boundary; Thence (8) northerly, easterly, northerly, and easterly along said Corporate Boundary to the Point of Beginning: Containing 16.24 acres, more or less. o 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 Ordinances Nos. 1229, New Series; 1364, New Series; 1593, New Series; 1752, New Series; and 2289, New Series, all of said City, and any and all other indebted- ness or liability of the City outstanding or authorized. on and after the date of completion of said annexation. SECTION 2. This ordinance shall become and after the date of its passage. effective thirty clays from .......... 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 26tb day of July , 1978, by the following vote: ABSTAINING COUNCILMEN, ~CITY cio Clerk of the oounciz o~ the glty of Bakersfield / '~o"~t ~~ ' iy~of Bakers field APPROVED a~ to form: CITY ATTORNEY o~;~ne Czty of Bakersfield Afft avt! of os tng ( r tuances STATE OF CALIFORNIA, t County of Kern ss. H. E. BERGEN, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that or~ .................................................,Inl.y._.2~Z .................................................,19.7.8.... he 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 .............................J_g.$.y_...2...§ ...................................., 19.."/.~..., which ordinance was numbered ............. ~.4.~..p ..............New Series, and entitled: AN ORDINANCE APPROVING ANNEXATION OF A PARCEL OF UNINHABITED TERRITORY TO THE CITY OF BAKERSFIELD, CALIFORNIA, DESIGNATED AS "BERNARD NO. 4," AND PROVIDING FOR THE TAXATION OF SAID TERRITORY TO PAY THE BONDED INDEBTEDNESS OF SAID CITY. Subscribed and sworn to before me this . .~.~t.h.. day of ............J.g~l_.y .......................19.~.~ ..