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HomeMy WebLinkAboutORD NO 2374ORDINANCE NO. 2374 NEW SERIES AN ORDINANCE APPROVING ANNEXATION OF A PARCEL OF UNINHABITED TERRITORY TO THE CITY OF BAKERSFIELD, CALIFORNIA, DESIGNATED AS "BERNARD 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 23d day of August, 1977, 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; and 1593, New Series, all of the City of Bakersfield, and any and all other indebtedness or liability of the City outstand- ing or authorized on and after the date of completion of said annexa- tion, 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 24th day of August, 1977, pass a Resolution being No. 81-77 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 Wednesday October 12, 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 terri- tory; 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. 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 the east half of Section 20, Township 29 South, Range 28 East, M.D.M., more particularly described as follows: Commencing at the intersection of the west line of the southeast quarter of said Section 20 with the south line of the north 40' of the southeast quarter of said Section 20, said point being the south right-of-way line of Bernard Street of 80 feet in width as shown on the revised map of Bernard Addition recorded June 12, 1893, in Book 1 of Maps at page 43 in the office of the County Recorder; Thence easterly along said south line a distance of 520 feet more or less to intersect the southerly extension of the west line of Lot 17 of Block 41 as shown on the map of Keith Addition recorded May 2, 1893, in the office of the County Recorder, said point being a point in the corporate boundary of the City of Bakersfield and also being the True Point of Beginning for this description; Thence (1) departing from said corporate boundary, northerly along last-named west line and extension thereof a distance of 220 feet more or less to intersect the south right-of-way line of the alley in Block 41 of said Keith Addition; Thence (2) easterly along last-named south right-of-way line and extensions thereof a distance of 530 feet more or less to intersect the east line of Lot 18 of Block 40 of said Keith Addition; Thence (3) southerly along last-named east line, a distance of 140 feet to intersect the north right-of-way line of said Bernard Street; Thence (4) easterly along last-named north right-of-way line a dis- tance of 180 feet more or less to intersect the northeasterly exten- sion of the southeasterly line of Lot 32 of Block 5 as shown on said revised map of Bernard Addition; Thence (5) southwesterly along said northeasterly extension a dis- tance of 83 feet more or less to intersect the south right-of-way line of said Bernard Street, said point being a point in the Corporate Boundary of the City of Bakersfield; Thence (6) westerly along said Corporate Boundary to the True Point of Beginning. Containing 3.00 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 and after the date of its passage. thirty days 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 12th day of October, 1977, by the follow- ing vote: APPROVE~D this 12tb da~y~f~ctober, 1977 MAY~R~of the ~City of Bakersfield APPROVED as to form: CITY ATTORNEY of t~ City of Bakersfield the o Affh av of os ing ri inan es STATE OF CALIFORNIA, ~ 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 oa ..............................................~.ct.~h~.~._.l. 4 ......................................,19_~.~... 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 ...............................Q.~.~.Qt2~.~.....~..~. ..............., 19.7~....., which ordinance was numbered_ ............~7~! .........New Series, and entitled: AN ORDINANCE APPROVING ANNEXATION OF A PARCEL OF UNINHABITED TERRITORY TO THE CITY OF BAKERSFIELD, CALIFORNIA, DESIGNATED AS "BERNARD 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 14t~ day of 0qt. g)l~i ......................,19...7~