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HomeMy WebLinkAboutRES NO 010-01RESOLUTION NO. 0 ~. 0 "' 0 I A RESOLUTION MAKING FINDINGS THAT NO WRITTEN PROTEST HAS BEEN FILED AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 1290, ANNEXATION NO. 414, ANNEXED TO THE CITY OF BAKERSFIELD. (WARD 4). WHEREAS, Resolution of Application No. 45-00, dated May 24, 2000, was submitted to the Local Agency Formation Commission of Kern County ("Commission") for the annexation of territory to the City of Bakersfield designated as Proceeding No. 1290, Annexation No. 414, the exterior boundaries of which are described in Exhibit "A", and shown on the map marked Exhibit "B", attached hereto and incorporated herein by this reference; and WHEREAS, a duly noticed public hearing upon said proposal was held before the Commission on December 19, 2000; and WHEREAS, following said public hearing the Commission, on December 19, 2000, adopted its Resolution Making Determination, being Resolution No. 00-23, recorded in Minute Book 47 of said Commission said Resolution is attached hereto as Exhibit "C" and is incorporated herein say this resolution; and WHEREAS, the City Clerk of the City of Bakersfield set WEDNESDAY, JANUARY 31, 2001, at the hour of 7:00 p.m. (or as soon thereafter as the matter may be heard) in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time, date and place that the City Council shall consider adoption of this Resolution ordering the annexation of territory designated as Annexation No. 414; and WHEREAS, the laws and regulations relating to the preparation and adoption of Negative Declaration as set forth in accordance with CEQA has been duly followed; and WHEREAS, said territory lies within the Greater Bakersfield Separation of Grade District; and WHEREAS, the reason for the annexation is that the property owner desires to receive city services. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. In accordance with Sections 57075 and 57078 of the Government Code, it is hereby found that no written protests have been filed on the territory to be annexed. 2. That the said territory designated as Proceeding No. 1290, Annexation No. 414, as described herein, and every part thereof, is hereby ordered annexed to the City of Bakersfield. 3. That the Clerk shall forthwith transmit a certified copy of this resolution ordering a change of organization, along with any required remittance to cover the fees required by Section 54902.5 of the Government Code, to the Executive Officer of the Local Agency. jk~A~(E,~,¢ Formation Commission of Kern County. OP~lflAl 4. That the Executive Officer of the Commission is hereby requested to prepare and execute a certificate of completion and make the filings required by Part 4, Chapter 8 of the Cortese-Knox Local Government Reorganization Act of 1985 and record a certified copy of the certification of completion with the recorder of Kern County, with the surveyor of Kern County and with the Clerk of the City of Bakersfield. 5. In accordance with Section 8296 of the Streets and Highways Code, the Clerk shall notify the Secretary of the Greater Bakersfield Separation of Grade District and shall furnish such Secretary with a certified copy of this resolution. 6. That the Clerk shall forthwith transmit a copy of the resolution to James R. Parker, Jr., c/o Greater Bakersfield Separation of Grade District, P.O. Box 2205, Bakersfield, CA 93303. ......... 000 ........ I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the CounciIjO/~l~h~ ~0~f Bakersfield ara regular meeting thereof held on , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNClLMEMBER ~ O CITY CLERK and Ex Officio~;lerk of the Council of the City of Bakersfield MAYOR of the City of Bakersfield APPROVED as to form: BART J, THILTGEN City Attorney CARL HERNANDEZ III Assistant City Attorney MO:pah January 4, 2001 S:~Annexation\r414-cc.wpd 2 ORIGINAL EXHIBIT "A" "ALLEN ROAD NO. 4" ANNEXATION NO. 414 A parcel of land being a portion of the southeast 1/4 of Section 26 and the northeast 1/4 of Section 35, T. 29 S., R.26 E., M.D.M., County of Kern, State of California, more particularly described as follows: Commencing at the southeast comer of said Section 26, being a monumented comer designated (by calculated conversion) as 2,322,543.3571 feet North and 6,220,137.9047 feet East per California Coordinate System (N.A.D. 83) Zone 5; Thence S 89° 48' 36" W, along the south line of said Section 26, a distance of 55.00 feet to a point on the existing exterior corporate boundary of the City of Bakersfield; Thence S 00° 19' 38" E, along said corporate boundary line, 74.95 feet to a point on the west right of way line of Allen Road, also being the TRUE POINT OF BEGINNING; Thence (1) northwesterly along a 20.00 foot radius curve, concave southwesterly, through a central angle of 89 o 51' 46", an arc distance of 31,37 feet to a tangent point on the south line of the north 55 feet of said Section 35, also being a point on the south right of way line of Bdmhall Road (Co. Rd. No. 591); Thence (2) S 89° 48' 36" W, along said south right of way line, 2550.75 feet to intersect the east line of the west 20.00 feet of the northeast I/4 of said Section 35; Thence (3) N 00° 28' 26" W, along said east line, 55.00 feet t6 intersect the south line of the southeast 1/4 of said Section 26; Thence (4) N 00° 20' 10" W, along the east line of the west 20.00 feet of said 1/4 section, also being the east right of way line of Jenkins Road (Co.Rd. No. 560), a distance of 1790.59 feet to intersect the north line of Parcel 1 of Parcel Map Waiver No. 340 per Certificate of Compliance filed for record in Book 5600, Page 1199. Official Records in the office of the Kern County Recorder; Thence easterly along the north line of said Parcel 1 for courses (5) through (9) as follows: Thence (5) S 89° 11' 25" E, 781.55 feet; Thence (6) S 60° 22' 22" E, 143.91 feet; Thence (7) S 47° 34' 59" E, 202.46 feet; Thence (8) S 70° 22' 50" E, 691.88 feet; Thence (9) S 88° 08' 48" E, 270.05 feet; C'A~C~,';SD by Thence (10) N 89° 45' 31" E, 622.00 feet to intersect the west line of the east 30.00 feet of the southeast 1/4 of said Section 26, also being the west right of way line of Allen Road (Co. Rd. No. 67 ) and a point on the existing exterior corporate boundary of the City of Bakersfield. Thence southerly along said west right of way line and corporate boundary for courses (I 1) through (14) as follows: Thence (I 1) S 00° 17' 19" E, 1304.79 feet to intersect the north line of the south 20.00 feet of the southeast 1/4 of said Section 26; Thence (12) S 89° 48' 36" W, along said north line, 25.00 feet; Thence (13) S 00° 17' 19" E, 20.00 feet to intersect the south line of said Section 26; Thence (14) S 00° 19' 38" E, 74.95 feet to the TRUE POINT OF BEGINNING. Containing 94.60 acres (more or less) 2 ~-~ VICINITY MAP ANNEXATION NO. ,~]4 F~SOLUTiON NO. _ _ I ANNEXATION OF J ALLEN ROAD NO. 4 Jl TO THE CITY OF BAKERSFIELD ~.~ 94.60 *- ACRES Jl~''~<* SCALE: ( FEET ) '. ~2oo o ~ 4oo ~oo ~'~'~\~=~ , , , , , PR~PO~D ANNEXATION BOUNDARY EXHIBIT "B" ...-.CENTER SEC. CO. RD. No591 (6) (7) 2.6 3) Porcel 1 P M W No. 540 Bk. 5600, Pg. 1199,0.R. A PN: 495-010-20 (9) ,..~.,-~ (10) ( N.A.D. 83) 6,220.137. 9047 2550.75' P. O.B. EXHIBIT C BEFORE THE LOCAL AGENCY FORMATION COMMISSION COUNTY OF KERN, STATE OF CALIFORNIA In the Matter of: CITY OF glAKF~R~FIF, I,D: Annexation No. 414 (Allen Road No. 4) Proceeding No. 1289 : : Resolution No. 00-23 : : Minnte Book 47 I, ~lhul~..T.l~l~I~, ..E.~alfly~.O~ag~ of the LOCAL AGENCY FORMATION COMMISSION, COUNTY OF KERN, STATE OF CALEFORN]A, hereby certify that the following resolution, proposed by Commissioner Perez, seconded by Commissioner McLaughlin, was duly adopted by the Commission at an official meeting thereof held on the 19t~ day of December, 2000, by the following vote: AYE: Kunkel, Martinez, Mathews, McLaughlin, Perez ABSTAIN: Peterson NAYE: None RESOLUTION MAKING DETERMINATION Section 1. WHEREAS: (a) A proposal has been submitted to this Commission for the annexation of territory to the City of Bakersfield designated as Annexation No. 414 (Allen Road No 4); and (b) Pursuant to notice published, posted and mailed, as prescribed by law, a public hearing upon the proposal was held before this Commission on December 19, 2000, and LAFCKC//6 -1- Resolution No. 00-23 -2- 12/19/00 (c) On December .19, 2000, the Commission as a responsible agency considered the City*s Negative Declaration; and (d) The Commission is fully advised in the premises: Section 2. NOW, THEREFORE, BE IT RESOLVED by the Local Agency Formation Commission, County of Kern, State of California, as follows: .1. Specific reference is hereby made to all the papers, documents, files._and proceedings heretofore and now taken, had and filed in this matter with particular reference to Minute Item 12/19/00-02, as appears upon the official minutes of the proceedings of this C0mmis~ion. 2. The Commission now finds and determines: (i) All of the proceedings heretofore and now taken and had in this matter have been and now are in aH respects as required by law. (ii) The territory proposed to be annexed is uninhabited. (iii) There is 100% landowner consent. (iv) The facts set out in the REPORT AND RECOMMENDATION of the Executive Officer dated December 13, 2000, are true. (v) The annexation to the City of Bakersfield designated as Annexation No. 414 (AHen Road No. 4) will be in the best public interest. Resolution No. 00-23 -3- 12/19/00 3. The annexation to the City of Bakersfield as set forth in the APPLICATION FOR PROCF. EDING ON RF..qOLIJTION BY I.EGI.qI.ATIVE RODY~ filed herein on December 4, 2000, is hereby approved subject to CONDITION RF. COMMF. N-I)F.I~ RV EXF. CI IT1Vg. "The City of Bakersfield shah sign an agreement to actively defend or indemnify and hold harmless the Kern County Local Agency Formation Commission or its agents, officers and employees, from any HabiHty or loss connected with the approval of City of Bakersfield: Annexation No. 414 (AHen Road No. 4). Said agreement shall be signed prior to the issuance of the Executive Officer's Certificate of Completion for said annexation." 4. There is hereby assigned to the territory proposed to be annexed the following distinetlve short form designation, to-wit: City of Bakersfield: Annexation 0414 (AHen Road No. ), 5. The City Council of the City of Bakersfield is designated as the conducting authority, and is hereby directed to initiate annexation proceedings with notice and hearing in compliance with this resolution. 6. The territory proposed for annexation, and which annexation is hereby approved, all within the County of Kern, State of California, is particularly described and delineated in Exhibit "A" attached hereto and by reference made apart hereof.