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HomeMy WebLinkAboutORD NO 2379ORDINANCE NO. 2R79 NEW SERIES AN ORDINANCE APPROVING ANNEXATION OF A PARCEL OF UNINHABITED TERRITORY TO THE CITY OF BAKERSFIELD, CALIFORNIA, DESIGNATED AS 'WILSON ROAD NO. 3," 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 9th day of September, 197% 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. 893, New Series; 950, New Series; 1112, New Series; 1229, New Series; 1364, New Series; 1593, New Series; 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 Govern- ment Code of the State of California; and WHEREAS, the Council of the City of Bat~rsfield, did, on the 14th day of September, 1977, pass a Resolution being No. 85-77 in compliance with the provisions of the Annexation of Uninhabited Territory Act of 1939, and amendments thereto, being Title 4, Divi- sion 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 Wednes- day, the 26th day of October, 1977, at 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 'MILSON ROAD 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, being a portion of Section 11, Township 30 South, Range 27 East, M.D.M. and more particularly described as follows: Commencing at the southwest corner of the NW 1/4 of said Section 11, thence S 89°18'10" E along the south line of said NW 1/4 a distance o 346.83 ~eet to a point xn the southwesterly ext~nsxon of the easterly rxght-of-way l~ne of Stine Road (75' in width); Thence N 30°52'15" E along said easterly right-of-way line and extensions thereof, a distance of 259.65 feet to the northwest corner of Lot 1 of Tract 2532 as shown on that map recorded May 25, 1961, in Book 11 of Maps at Page 197 in the office of the County Recorder, said point being a point in the existing Corporate Boundary of the City of Bakersfield and also being the True Point of Beginning for this description; Thence (1) S 59007'45" E a distance of 108.382 feet; Thence (2) S 0°41'50" W a distance of 125.00 feet to a point in the north right-of-way line of Wilson Road (90 feet in width); Thence (3) S 89°18'10" E along said north right-of-way line a distance of 556.95 feet, more or less, to a point in the west line of the east 193 feet of the W 1/2 of the W 1/2 of said Section 11; Thence (4) S 0°41'50" W along said west line a distance of 90 feet to a point in the south right-of-way line of Wilson Road, said point also being a point in the existing Corporate Boundary of the City of Bakersfield; Thence (5) southerly, westerly and northerly along various courses of said Corporate Boundary to the True Point of Beginning; Containing 4.97 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 Ordinances Nos. 893, New Series; 950, New Series; 1112, New Series; 1229, New Series; 1364, New Series; and 1593, New Series; 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 26th day of October, 1977, by the follow- ing vote: CITY CL R~K andSioniC erk of the Council of the City oF Bakersfield APPROVED th'Es.26th day of O~tober, 1977 "-v 7 -',~' ,,¥fX/~v . MAYOR of ~h~.~ity'~:~akersfzeld APPROVED as to form: CITY ATTORNEY of the'Czty of Bakersfield o Aff aui! of osling ( rhinan es STATE OF CALIFORNIA, f County of Ke~ 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 on ..................................O.c.t.o.b.e.~:....2.7. ..................................................19.7..?..... 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 ......... (~.~.~..~.12.~.'~..._~..~. .................................19._~..7...., which ordinance was numbered_ ...... .2..3.Z.9 .........New Series, and entitled: AN ORDINANCE APPROVING ANNEXATION OF A PARCEL OF UNINHABITED TERRITORY TO THE CITY OF BAKERSFIELD, CALIFORNIA, DESIGNATED AS "WILSON ROAD NO. 3," AND PROVIDING FOR THE TAXATION OF SAID TERRITORY TO PAY THE BONDED INDEBTEDNESS OF SAID CITY. Subscribed and sworn to before me this