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HomeMy WebLinkAboutORD NO 2301ORDINANCE NO. 2301 NEW SERIES AN ORDINANCE APPROVING ANNEXATION OF A PARCEL OF UNINHABITED TERRITORY TO THE CITY OF BAKERSFIELD, CALIFORNIA, DESIGNATED AS "KERN RIVER NO. 5." WHEREAS, pursuant to the authority contained in Section 35310 of the Government Code, the Council of the City of Bakersfield adopted Resolution No. 88-74, on October 28, 1974, which Resolution initiated proceedings to annex to said City certain uninhabited territory therein described, on its own motion; and WHEREAS, said Resolution No. 88-74, adopted 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, set forth the City Council's reasons for desiring the annexation, specifically des- cribing the boundaries of the territory so proposed to be annexed to the City of Bakersfield, and designating such territory by an appropriate name, viz: "Kern River No. 5," and setting Monday, December 9, 1974, 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 newspaper 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 completed 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 the Government Code; and WHEREAS, the hearing was duly begun in the Council Chambers of the City Hall in the City of Bakersfield on the 9th day of December, 1974, at the hour of 8 P. M. pursuant to said notices given in compliance with law; said hearing was continued from time to time and until the 8th day of November, 1976; and WHEREAS, at such protest hearing, a majority protest was not made against the proposed annexation by owners of property within the territory proposed to be annexed. WHEREAS, the territory described in such Resolution initiating proceedings, is contiguous territory to be annexed; and WHEREAS, the said territory does not form a part of any other city. 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 "Kern River No. 5"; and it 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, and being a portion of Section 36, To~ship 29 South, Range 26 East, Sections 31, 32 and 33, Township 29 South,' Range 27 East, Section 1, Township 50 South, Range 26 East, and Section 6, To~ship 30 South, Range 27 East, bI.D.M, being more particularly described. as foll~ws: Beginning at the intersection of the north right of way line of Count}r Road No. 2294, also kno~-n as Stockdale Highway, of 110 feet in width, and the east .rigtxt. of way line of the Arvin-Edison Waner Storage District Canal, said point of intersection lies N. 89°48'24"W, 1,156 feet, more or less and N 2°06'09"E 80.04 feet from the northeast corner of said Section. S, said .last named'point of intersection also being in 'the Corporate Boundary of the City of Bakersfielct; Thence (1) departing from said Corporate Boundary along said north right of way, _. -B[-89-°48!24!'I~- 2.329.97 feet; Thence (2) N 0°11'56"E, 15.00 feet; Thence [S) N 8.9°48'24";f, 45.00 feet; Thence' (4) S 0°ll'S6'~V, 15.00 feet; Thence (S) N $9~48'24"h', 1,759.60 feet, to the beginning of a tangent curve, concave to the south, .the radial center bears S 0~ll'$6"t'Z,I,RSS.00 feet; ~nence C6) westerly, along last nmned curve, through a central angle of 1°10'11", mn arc lengtk of ~7.$7 feet, to intersect the east line of-said Section 31 at a point which li~s N 0°00'06"E, g0 feel, more or less, from the southeast corner of last nm~cd Seation; Thence [7) S 0°00'06'".f, along the East line of said Sectio~ 51, ,'10 feet, more cr less, and S 0°2t"2d"E a!on~ the east line of $a'id Section 6, 192.65 feet, more or less, to intersect the south right of way line of the Ke~ River Cnnal, as said c~al is sho>.~ on a kecord of Survey :-lap filed in Book 9, Record of Surveys, at Page 110, in the l~ccorder's Office of said Kern County; Thence C8) S 74°52'36"I'i, 2,150 feet to th.* beginning of a tangent curve, concave to the southeast, the radial center bears S 15°07'24"E, 900 feet; Thence (9) southwesterly, along last n~ncd curve, through a central angle of 50~00'00", ~n arc length of 471.24 fee~, to the end point; Thence(10) N 45°07'24"W, 275.00 feet; Thence (11) S 84°51'51"W, 1,050.00 feet; Thence (12) N 05*0S'0U'q'.t, 100 fcet, more or less, to /attarsect the south right of way line of said Stockdale High::ay, as said higlu~ay is shoh~ on ~!a? No. 6-1a.2294 1.I1 filed in the Office of the County Surveyor; Thence (15) westerly, along the last named south right of way, S 84¢51'51"W, 75 feet, more or less, to the beginni],..o of a tangent curve, conemro to the southeast, the radial ccntcr bears S CS°08'09"E 1,745 feet; Thence (14) southwcstcrlf, along last naracd curve, throu'gh a central angle ef 13'36'51", an arc Ic:;g~h of 414.63 fact, to tile end point; {hence (15) departing fre!.l last n::mcd south right of way line, N 1S°45'09"W, 110 feet, to intersect the nortit right of way line of said Stockdale :ligiu~ay; Thence (16) south~,'estcrly, along the last nal~.ed north rif. ht of walt lific, S 71~15'00";V, 1,16S.05 feet, morc or less, to intersect the west line of the east 30 fact of the r. ortl:ca~t quarner of ~.2cttoa l, %ownship 30 South, Range 26 East, 31.D.g. Q ~.I.; · ( Thence (17) S 0°06'48"W, along the last named west line, 50 feet, more or less, to intersuet the north right of way line of County Road No. 1594, also kno~,~% as Stockdale Highway of 60 feet in width; · Thence (18) along last named north right of way line, S 71°1S'00"~;' 1S0 feet, more. or less, to the beginning of a tarngent curve, concave to the north, the radial center bears N 18°4S'00"W, 870 feet; Thence ~19) north:~'esterly, along last nm~,,ed curve, through a central angle of S7°26'28", an arc length of 872.21 feet to the end point; Thence C20) N Si°18'$2"W, 430 feet, moro or less,.to inter~ect the west line of the northossa quarter of the northeast quarter of said Section 1; Thence (21) northerly, along the last nmaed west line 8S0 feet, more or less, to intersect the north line of the last named northeast quarterr of said Sectlea 1; Thence (22) easterly, along the last named north line, 1,100 feet to a point; Thence (23) northeasterly, in a direct line, 270 feet, more or less, to. intersect the west line of the southwest quarter of said Section S1 at a point ~hich lies ~ 1S0 feet, more or less, northerly, as measured along last n:nv, ed west line, from the southwest corner thereof, said last named point being in the ~outk - right of way line of that certain strip of land described in a deed te the Kern County Water Agency, recorded in Book 4260, at Page 165, Official Records of said Kern County; Thence (2~) northeasterly, along the last named south right of way line the following 5 co~rses~ N 6g~24'47"E, 1,545 feet, more or less; l~.~nce (25) N 79°20'47"E, 2,607.56 feet; Thence (26) N 46°07'.~7"E, 1,647.44 feet; Thenc~ [27) N 88°20'52"E, 163.95 feet, to intersect the west line'of said Section 5.2 at a point ~,a~ca lies S 0°04' .... 1~ ~, 209.38 fcct from the east quarter corner thereof; Thence (28). continuing N gS°20'S2"E, 4,440.40 feet to the end of said strip of land; · Thence (29) continuing N 88°20'52"E, 850 feet, moro or less to intersect the west line of said Section ~"' Thence (30) northerly, along th9 last named %cost line approximately 815 feet to intersect the south line of the north 1,600 feet of said Section 33; Thence (31) easterly, along the last named south line 340 feet, more or less, to intersect the ea!~t right of way line of the Arvin-Edison Water Storage District Canal, said last named point being in the Co~orate Boundary of the City of Bakersfield; Thence (32) southeasterly, and along thd various courses of the said Corporate Boundary to the point of beginning. Containing 5,Ig.73 .~crcs of land, more er less. SECTION 2. In the event the City of Bakersfield has not made payment under the provisions of Article XV (Cash Purchase) of City Agreement No. 76-36, the City Council shall, upon request of Tenneco West, Inc., take all appropriate and required procedural steps to de-annex the territory described in Section 1 hereof, from the City of Bakersfield. and after SECTION 3. This ordinance shall become effective thirty days the date of its passage. from .......... o0o .......... o 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 8th day of November , 1976, by the following vote: · ¢E$: COUNC1L~EN BARTON, BLEECKER, CHRISTENSEN, MEDDERS, ROGERS, ~CEALE$, STRONG Counczl of the CityVof Bakersfzeld APPROVED this 8th day o~,/' No~zember y' '~~e -- ~o~field , 1976 APPROVED as to form: CITY ATTORNEY of t[~ City of Bakersfield Aff av of os ng 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 oz~ ....................................N....o..y..e...~..l~..e....r........9.. ......................................................., 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 ....... ~.(~.~..?..~...b...~.~.._~ ..........................................., 19..~..., which ordinance was numberec~ ........ ~0~ ..............New Series, and entitled: AN ORDINANCE APPROVING ANNEXATION OF A PARCEL OF UNINHABITED TERRITORY TO THE CITY OF BAKERSFIELD, CALIFORNIA, DESI(~ATED AS "KERN RIVER NO. 5." ~ ~ty~ Subscribed and sworn to before me this · ~ day of. N~.~.emP.e.~ ............. 19~.~ e of ~hforma