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Home My WebLink AboutRES NO 68-71 RESOLUTION NO. 68-71 A RESOLUTION OF APPLICATION BY THE COUNCIL OF THE CITY OF BAKERSFIELD DETACHING THOSE PORTIONS OF RECENTLY ANNEXED TERRITORY DESIGNATED AS BRUNDAGE NO. 2 FROM THE UNION AVENUE SANITATION DISTRICT. SECTION 1: WHEREAS, a) By its Resolution No. 70-38 adopted on November 24, 1970, (Proceeding No. 259), the KERN COUNTY LOCAL AGENCY FORF~TION COmmISSION approved the proposal for annexation to the City of Bakersfield identified as Brundage No. 2 as more particularly set forth in City of Bakersfield Ordinance No. 1911, New Series, adopted March 1, 1971; and b) By Ordinance No. 1911, New Series, which became effective April 1, 1971, said annexation was effected in the manner prescribed by law; and c) By said resolution of the Kern County Local Agency Formation Commission more particularly identified in Paragraph (a) hereinabove further provided that: "upon completion of the annexa- tion, proceedings shall forthwith be commenced by the City of Bakersfield for the detachment from the Union Avenue Sanitation District of the territory annexed to the City." d) This Council now proposes to effect such detachment. SECTION 2: NOW, THEREFORE, IT IS HEREBY RESOLVED by the Council of the City of Bakersfield as follows: 1. Pursuant to Section 56195 of the Government Code of the State of California this Council hereby adopts its resolution of application and in accordance with Section 56140 of said Code states as follows: (i) This resolution is made pursuant to Division 1 (commencing with Section 56000) of-Title 6 of said Code. (ii) The nature of the proposed change of organization is: detachment; the name of the district for which the change of organization is proposed is: Union Avenue Sanitation District. (iii) The names of all other affected counties, cities or districts (in addition to the City of Bakersfield and the Union Avenue Sanitation District) are: a) Counties - County of Kern b) Cities - None (iv) c), Districts - None The territory proposed to be detached is uninhabited, the boundaries of such territory all within the County of Kern, State of California are more particularly described and delineated as follows: Description of a parcel of land to be detached from the Union Avenue Sanitation District. A parcel of land situate in the County of Kern, State of California and being a portion of south one-half of Section 32, Township 29 South, Range 28 East, M.D.B.& M. Beginning at the intersection of the west line of Lot 12, Block 1, Milham Gardens, as said Milham Gardens is shown on a map recorded April 12, 1922 in Book 3 of Maps, Page 59, Records of said Kern County with the north line of the south 45 feet of said Section 32, said north line also being the north right-of-way line of Brundage Lane and said intersection also being a point on the Corporate Boundary of the City of Bakersfield as defined by that certain resolution adopted November 17, 1952, by the Board of Supervisors of said Kern County, pertaining to that certain annexation designated as "Milham Gardens" and recorded in Book 89, Page 5, Official Minutes of said Board of Supervisors; Thence (1) departing from said Corporate Boundary, westerly, 1100.91 feet, more or less, along the last-named north line to intersect the east line of the SW 1/4 of the SW 1/4 of said Section 32, said east line also being the east line of Tract No. t139, as said Tract is shown on a map recorded May 29, 1940 in Book 4 of Maps, Page 193, Records of said Kern County; Thence (2) northerly, 1249.30 feet, more or less, along said east line of the SW 1/4 of the SW 1/4 of said Section 32, being also along the east line of said Tract No. 1139, to intersect the south line of the north 30 feet of the S 1/2 of the SW 1/4 of said Section 32, said south line also being the south right-of-way line of Texas Street, of 60 feet in width; Thence (3) easterly, 660.28 feet, more or less, along the last-named south line and south right-of-way line to intersect the east line of the W 1/2 of the E 1/2 of the SW 1/4 of said Section 32, said inter- section also being a point on the west line of said Milham Gardens subdivision; Thence (4) southerly, 1063.44 feet, more or less, along the last- named east line, also being along the west line of said Milham Gardens, to intersect the north line of the south 230 feet of said Section 32, said intersection also being the southwest corner of Lot 8, Block 2, said Milham Gardens; Thence (5) easterly, 690.47 feet, more or less, along the last- named north line, also being along the south line of Lot 8, Block 2 and easterly prolongation thereof and the south line of Lots 17 and 8, Block 1 and easterly prolongation thereof, all in said Milham Gardens, to intersect the east line of the west 30 feet of the SE 1/4 of the said Section 32, said intersection also being a point on the Corporate Boundary of the City of Bakersfield as defined by Ordinance No. 896, New Series; Thence (6) southerly, along the last named Corporate Boundary, to intersect the north~line of the south 130 feet of said Section 32, said intersection also being a point on the Corporate Boundary of the City of Bakersfield as defined by aforesaid annexation designated as "Milham Gardens." Thence (7) westerly and southerly along the last named Corporate Boundary to intersect the north line of the south 45 feet of said Section 32, being the point of beginning and containing 22.32 acres of land, more or less. (v) The proposed terms and conditions to which the proposed change of organization is desired to be subject is: None. (vi) The reason for the proposal is: The territory contained within the Brundage~No~ 2 annexationto-the City of Bakersfield will now receive from said City as a municipal function thereof all of the services and functions now being provided to said territory by the Union Avenue Sanitation District; the detach- ment of said territory from the said district will therefore relieve said territory from taxation by both the Union Avenue Sanitation District and the City of Bakersfield. 2. It is contemplated that satisfactory proof will be submitted to the Kern County Local Agency Formation Co~f~fLission that all of the owners of the land within the territory proposed for detachment have given their written consent thereto and all as more partiuclarly authorized by Section 56261 of said Code. In accord with all the foregoing request is hereby made That proceedings be taken for change of organization proposed herein, to wit: detachment of Brundage No. 2 from the Union Avenue Sanitation District; (ii) That upon filing of the satisfactory proof of consent hereinabove more particularly referred to in paragraph 2 and in accord with the provisions of Section 56261 of said Code the Kern County Local Agency Formation Commission (a) approves such detachment without notice and hearing by the Commission and (b) authorizes the Board of Directors of the Union Avenue. Sanitation District to detach said territory without notice and hear- ing by said board and without an election. 4. The secretary of this Council shall transmit forth- with eleven (11) certified copies of this resolution to the Mayor of the City of Bakersfield. 5. The Mayor of the City of Bakersfield shall forthwith execute and file with said commission its form KCLAFC #7-NS pursuant to the regulations of the commission. o0o I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 4th day of October, 1971, by the following vote: AYES: COUNCILMEN BLEECKER, HEISEY, MEDDERS, REES, RUCRIER, THOMM, WHIY'f~M~I~ NOES: COUNCILMEN: ABSENT COUNCILM~N: ABSTAINING COUNCILMEN~ Council of'-~the City of Bakersfield APPROVED thiSjL.~.d y of October 1971' ~,.,..~,~- '~;i?t~,'-~' '.-.' APPROVED: CITY ~ z z ~00 ~: m';Io !:;0 l~m° ~ s~ ~ UJ~Z~ rn J L BLISS ) L STREET . . ~ ~ MIL HAI~' 6~RDE~ I DRIVE