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HomeMy WebLinkAboutORD NO 2300ORDINANCE NO. 2300 NEW SERIES AN ORDINANCE APPROVING ANNEXATION OF A PARCEL OF UNINHABITED TERRITORY TO THE CITY OF BAKERSFIELD, CALIFORNIA, DESIGNATED AS "KERN RIVER NO. 4." WHEREAS, pursuant to the authority contained in Section 35310 of the Government Code, the Council of the City of Bakersfield adopted Resolution No. 87-74, 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. 87-74, 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. 4," 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. 4"; and it is hereby annexed to said City; that said territory is described as follows: ( A~*~E~\T [ON D£SCKIPTION (}:urn Privet :;o. 4) A parcel o£ land titustc in the Count}' cf Keg'a, State of California, mud a portion o£ Sections 13 and 24, Townskip 29 $Ruth, E~gc 27 East, ~I.D.~:I., and Sections 3, 4, 9, 10, 16, 17 and IS, Township 29 South, Range 25 East, and being' marc ~ar[icularl)- described as follows: .... Comm~encing at the c~nter line intersection of ;i.'cst Calif.:bus Street, form..erly 43nd Strcc~, and Che~<tcr .\venue, said interscation bears N 75°I9'33"E 769.S~ feet from tl~c 5outi'.wcbt corner of said Section 1S, as $ho:~n on a r.:ap entitled, "~-lctropolit~% [,.ccreation Center Proposed Lease to the Junior Baseball Associa- tion," being ~ap Xo. 9 ~1 ~IRC .lc ~tll, as f[lcd in the Office of the Count}- Surveyor of said Kern County; qq~ence S S9°52'i5"E, 57.75 feet to intersect the east right of way line of said Chester Avenue; said point of intersection' being in the Corporate Boundary of tke City of Sakersfield; lAence N 00°07'45"5, alon~ last n~;~cd east right of way line ~nd said Corporate Boundary:, 138.37 fee~ ~o the true poin~ of beginning; Thence (1) depa~tin% from said Corporate Do~ndar¥, %rest, 857.75 feet, along the northerly boundary of that l~nd granted to the Kern Count), Fair Association on May 6, 1921 and recorded in Book 365 of Deeds on Page 17 in the Office c£ the Count)' Recorder of said Count)' of Kern and the east extension thereon, Thence [2) S 77°00'00"W, 700.00 feet; Thence ($) S 60°17'50'q~', S00.00 ~ ~ ' Thence C4) S $3~09'00"i?, 220.00 £eet; ~aence (5) S 24014'00"W, 330.00 feet; Thence (6) S way lin~: and 'also Then:e (73 S Or i0°50'00"W, 407.60 feet, to intersect the northeasterly right of of the Southern Pac~ fic Railrased Campan),, of 100 feet in width being on the easterly right of way line of the Stine Canal ...... -'~' ' 14°45'00"I;', along the said east right of we), line 1,020 feet, more to intersect the soutlu-:csterl)' righg of way line of State h_~n..a., Route 204, of 1S0 feet in width, also known as Golden State Avenue° point also bein.~ in the Corporate Boundary of the City of Bakersfield; 'l/xenae (8) ,'I 47°16'00"W, along the last n,~.med southwesterly right of way line and said Corporate Boundary 2,380 feet, more or less, to intersect the northwesterly right of way line of the Calloway Canal, said last ngsaed point lies N 8D°44'06"~ as measured along the north line of said Section 1390.50 feet, m~d S 47°16'00"E 289o7S feet from the northwest corner of !a_xt nanled Section; Thence (9) departing from said Corporate Boundary, N 42°44'00"E, 400 feet, more or less, to the point of intersection of the north line of the sou~k 100 feet, and the west line of the east 770 feet of the southwest quarter of said Section 13; Thence (10)northeasterly, in a direct line, 580 feet, more or ].cs$, to intersect the ~lorthcaster]y right of way linc of the Southern Pacific Railroad, of 200 feet in width, said point also being the soutkwcsterly co~cr of that ccrt~,in property described in a dccd recorded in Book 4333 at Page 327 Kern O£i-i ci a ! Rocor:Is; Thence (1I) N 6~°SS'33"E along the southerly line of ].~.st nc~ed proper:y, 393.g2 feet, to intersect tkc ca~t line of Lot 27 Roberts Ra~lch Suod~v~len, as Lot is shown on a m2p fi!cd in Book 2 of 5L'~ps, at Page 8 of said- Kcrm Couagy Re cord s; Thence (12) northeasterly, alon.~ tke southeasterly property line of that cet'C;~'[n d .... r~ .... in e ..... e r~corded in ~ook i16~, at Pny. e ~96, Kct~ C .... . property ~n "-~' ,~,-o~ '"'*" Official Records, the followin~ 12 courses, N 71~44'33"E, 594.09 fcc~; Thence (13) S I6°23'$7"E, 12.00 feet; Tkcnce Thence N 71°20'$0"E, 292..$ feet; N 83*15'lS"E 45.95 feet; Thence [16) N 66°35'40"E 49.76 feet; Thence (17) N 39°31'10"E 30.25 feet; Thence (18) N 05°47'42"h' 127.45 feet; Thence C19) N 01°59'33"~ 101.25 feet Thence (20) N 08°50'53"E 50.37 feet; Thence (21) N 23°04'48"E, 50.15 feet; Thence (22) N 35°36'25"E, 49.90 feet; Thence (25) N 41°47'53"E, 109.12 feet; Thence (24) tearing said propert}' line, northeasterly, in a direct line, 360 feet, more or less, to intersect the ~est line of the northeast quarter of the southeast quarter of said Section 13, at a point which lies S 1°03'07'9'.' 1,183 feet, note less, from the northwest corner of last nmn. ed northeast quarter of southeast quarter, said last nmxed intersection also being the southeast corner of that certain property described in a deed recorded in Book 45?4, at Page 669, of said Official Records; Thence (25) N 61°58~15"E along the southeasterly line of last nan~ed property, 1451.968 feet, to intersect the south 15no of Bleak "C~' of the Jmes A~ Subdivis5en, at a polar ;.:hich lies N 89°23'21'97 41.00 feet frora the southeast corner of Lot 1, as said subdEx-isicn and block are sho'.,m on a map filed Jn Book 2, of }.;aps, at Page ~, Kern County Records; Tkenco (26) S 89°23'2I"E, along last nr-~.:d south line, 71,00 feet, to intersect the ~est.line of ~aid Section 15; Thence (27) norrheastcriy, in a direct line, 795 feet, more or less, to the center line intersection of Bezrdslcy Avenue, of 60 feet in width, and Hart Street, of 60 feet in width, as said street and avenue are shov,~ on a map entitled, "~Iap of the ~{orth gakersficld Subdivision", filed ~Iarch 7, 1911, in Book 2, of ~laps, at Page 23, Kern County Records; Thence (22) N 58°47'40"E, 397.67 fee%, to the southeast cor,~:r of that certain- property described in a deed recorded in Book 4533, at ;)age 576, of said Official I~cords; 'Thence (29) northeasterly, in a direct line, 1890 feet, more or less, to intersect the southcastcrly right of way line of County Road 2447, also kno~ as East Roberts Lane, from which point the radial center of a non-tangent curve, concave to the south, bears S 34~16'08"E, 500 feet;" Thence (30) easterly, along last nmmed curve, through a central angle of 66°25'84", an arc length of S30.16 feet to intersect the east line of the north%:est quarter of said Section 18 at a point that bears N 1°40'22'97, along last n:m~cd east line, 306.36 feet from the south%<est corncr of the west half of the nor~h~cst quarter of the northcas~ quarter of last section; . Thence (31) continuing along last named curve, through a central angle of 18028'49", an arc length of 161.27 feet to the end point; Thence (32) S 39°18'25"E 501.62 feet to intersect the southwesterly'right of way line of County Road 1624, also kno~,'n as Honor Street, of 150 feet iu width; Thence (33) 5 36°55'16"E, along last named southwesterly richt of way line, 1624.65 feet tn the beginnim~ of a tangent curve, concave to the southwest, the radial center bears S 53°04'44"W, 2948 feet; Thence (3,:) southeasterly, along last na~ed curve, through a central angle of 11°21'40", an arc length of 584.56 feet, to the end point; Thence (35) S 25°35'36"E, 342.40 feet; Thence (36) N 64°26'24"E, 150.00 feet, to intersect the northeasterly right of way line of said Manor Street; Thence C37) N 46°57'52"E, 518.38 feet; Thence (38) N 63°44'34"£, 633.24 feet; Thence (39) N 54°59'24"E, 496.05 feet, to intersect the south line of the northwest quarter of said Section 17, at a point which lies S 88°29'18"E, as measured along last n~ed south line, 676.14 feet from the southwest corner of the northwest quarter of said Section 17; Thence (40) continuing N 54°59'24"E, 600 feet, more or less, to intersect the east line of the west 1130 feet of last naJned northvest quarter; Thence (41) northeasterly, in a direct line, 1675 feet, more or less, to the point of intersection of the south line of the north 020 feet and the west line of the east 610 feet of last named northwest quarter; Thence {42) northeasterly, in a direct line, 900 feet, more or less, to intersect the west line of the northeast quarter of said Section 17 at a point, which lies 250 fcct southerif, as measured along last named west line, from the north quarter corner of said Section 17; Thence (43) easterly, along the south line of the nortit 250 feet, of last nm~,ed northeast quarter, 2660 feet, more or less t6 intersect the west line of tile northwest quarter of said Section 16; Thence (44) northerly, along last named west line, and the west line of the southwcs~ quarter of said Section 9, 830 feet; Thence (45) ncrtl',castcrly, in a direct line, 1660 feet, more or less, to the point of intersection of the north line of the south 1,075 feet and the west line of the east 1,075 feet of last named southwest quarter; Thence (46) northeasterly, in a direct line, 825 feet, more or less, to intersect the west line of the east 500 feet of last nmned southwest quarter at a point which lies 1,000 fcct southerly, as measured along last named west linc fro;r, the north line of last ns~m. ed southwest quarter; Thence C47) northerly, along last n~ned west line and the west line of the east 500' of the northwest quarter of saSd Section 9, 2,850 feet more or less, to intersect the southeasterly right of way line of the Southern Pacific Rail- road, Oil City Branch; .. Thence (48) northeasterly, along last named southeasterly right of way line, 1,430 feet, more or less, to intersect the north line of the northchat quart of said Section 9, at a point which lies N 89°dg'21"E, 769.54 fce~ from tkc Thence (dO) continuin.% 01ong last nm::cd southeasterly right of way line, N 52°4S'50'u.!, 450 feet, more or less, to intersect the south right of wa.V line of County Eoad 2775, of 62 feet in widti~, also known as China Grade L~o?; Thence (50) S 87°53'05"E olong last named south right of way line and the south right of way line of Rouud .Mountain Road 2,090 feet, more or less, to iuter- sect the east line of the west 550 feet of the southwest quarter of said Section 3; Thenca (51) southea~turl?' in a direct line 1,S00 fe~t, mnro or less, to the point of intcr:'ccti~n ef ~ke south line of the north ,125 feet, and the west line of the east .'0~ f~ct of the northwest ~uartor of said Scotion 10; Thence (52) easterl_~., along the last n"-mc~ southfline 400 feet to intersect east line of last n~ned northwest quarter; Thence (S3) southerly, along the last nmmed east line, 610 feet, more or less to intersect tl~e south line of the nort~ 1053 feet of last named northwest quarter; Thence [54) westerly, along the last named south line, ~60 feet more or less, to intersect the west line of the east 460 feet of last nmmed northwest quarter Thence (SS) northwasterly in a direct line, 2,200 feet more or less, to intersect the east line of the northeast quarter of said Section 9, at a point which lies 7S0 feet southerly, as measured along the last named east line, from thc~; northeast co~er of last named northeast quarter; - Thence (56) northwesterly, in a direct line, 1,075 feet, more or less, to the point of intersection of the west line of the east 1,020 feet, and the south line of t~e north 390 feet of the last named northeast quarter; Thence (57) southwesterly, in a direct line, 1,850 feet, mere or less, to intersect the east line of the west ~50 feet of the east half of said Section 9, at a point 860 feet north, as measured along last named east line of tile south line of the northeast quarter of last nmned Section; ~hence (58) southerly, along the last named east line and the east line of the west 4S0 feet of the northeast quarter of said Section 16, 4,160 fee~, ;;.ore or less, to intersect the north sight of way line of Panorama Drive, of 110 feet in width, s?,id last nmed point of intersection being also in the Corporate Boundary of the City of Bakersfield; Thence [59) westerly, and along the various courses of tile last named Corporate Bounda~z, to the true point of beginning; Containing 761.12 acres, more or less. SECTION 2. In the event the City of Bakersfield has not made payment under the provisions of Article XV (Cash Purchase) of City Agree- ment 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. SECTION 3. 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 8th day of November , 19~ , by the following vote: CITY a Clerk of the CounEil of the City of Bakersfield APPROVED this 8th day / ! ~vember Y~ tVhe~Cfty of Bakersfield , 1976 APPROVED as to form: · CITY ATTORNEY of/AZhe City of Bakersfield Aff av of os ng r nan 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 oz~ ............................I~..o....v...~..[9_.b...~...r._....9...~. ............................................................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 ......... I~.y..e..m...b..~..~..~ ..............................., 19..~..6....., which ordinance was numbere~ ....... ~.~.Q0 .............New Series, and entitled: AN ORDINANCE APPROVING ANNEXATION OF A PARCEL OF UNINHABITED TERRITORY TO THE CITY OF BAKERSFIELD, CALIFORNIA, DESIGNATED AS "KERN RIVER NO. 4." /~City Clerk Subscribed and sworn to before me this ~l~ day of.. ~fp.¥~.lp.~.~ ................. ,19..76