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HomeMy WebLinkAboutRES NO 1-80RESOLUTION NO.' 1-80 RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD INITIATING PROCEEDINGS FOR ANNEXA- TION OF TERRITORY TO THE CITY OF BAKERSFIELD IDENTIFIED AS PROCEEDING NO. 708, ANNEXATION NO. 280 (FAIRVIEW NO. 1), IN ACCORDANCE WITH LAFCO RESOLUTION MAKING DETERMINATION. WHEREAS, a proposal was submitted to the Local Agency Formation Commission of Kern County ("Commission") for the annexa- tion of territory to the City of Bakersfield designated as Annexa- tion No. 280 (Fairview No. 1); and WHEREAS, a duly noticed public hearing upon said proposal was held before the Commission on the llth day of December, 1979; and WHEREAS, following said public hearing the Commission, on December 11, 1979, adopted its Resolution Making Determination, being Resolution No. 79-83, recorded in Minute Book 25 of said Commission. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. Preliminary proceedings for annexation of territory to the City of Bakersfield designated as Annexation No. 280 (Fairview No. 1) were authorized by the City Council of the City of Bakersfield by action at a regular meeting thereof held on June 27, 1979; Appli- cation for Annexation dated July 3, 1979, was transmitted to LAFCO; the Certificate of Filing of the Executive Officer of the Commission shows that the proposal was filed by him on the 26th day of October, 1979. 2. The distinctive short form designation assigned by the Commission to the territory proposed to be annexed is: "City of Bakersfield Annexation No. 280 (Fairview No. 1)." 3. The description of the exterior boundaries of the territory proposed to be annexed is contained in Exhibit "A", attached hereto, and incorporated in this Resolution as though fully set forth herein. 4. The territory proposed to be annexed is uninhabited as determined by the Commission in its Resolution Making Determina- tion. 5. The reason for the proposed annexation as set forth in the proposal thereof submitted to the Commission is that the owners of the affected territory desire to receive municipal services from the City of Bakersfield and the City desires to receive tax revenues for benefits given and to be given to the territory proposed to be annexed. 6. BE IT FURTHER RESOLVED, that Wednesday the 13th day of February, 1980, at the hour of 8 P. M. (or as soon thereafter as the matter may be heard) in the Council Chambers of the City Hall, 1501 Truxtun Avenue, Bakersfield, California, is hereby fixed as the time, date and place of hearing on the proposed annexation where any owner of land within the said described territory may appear before the Council of the City of Bakersfield and show cause why such territory should not be annexed. Any owner of land within the territory may file a written protest against the annexation with the City Clerk of the City of Bakersfield at 1501 Truxtun Avenue at any time prior to the conclusion of the hearing on the proposed annexation. 7. That the Negative Declaration as tO this project is hereby approved and adopted. The project will not have a signifi- cant effect on the environment. 8. A certified copy of this Resolution shall forthwith be transmitted to the Executive Director of LAFCO. o0o I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfiel'd at a regular meeting thereof held on thegth day of January, 1980, by the following vote: AYES: COUNCILMEN ARTON, CHRISTENSEN, MEANS, MILLER, PAYNE, RATTY, STRONG NOES: COUNCILMEN~ON~, A~N,NG: COUNC,,t~EN, CITY CLE'~an~d~i ofClerk of ,,~-::~' " ; Council of the City of Bakersfield ~ ~jz~y of Bakersfield APPROVED as to form: R E CITY ATTO N Y of akersfield the · L ANNEXATION NO. 280 FAIRVIEW NO. 1 A parcel of land situated in the County of Kern, State of California, being portions of Sections 13, 24 and 23 of Township 30 South, Range 27 East, M.D.M., and portions of Sections 19 and 30 of Township 30 South, Range 28 East, M.D.M., more particularly described as follows: Beginning at the intersection of the South line of the North Half of the NOrth Half of said Section 19 with the East line of the West Half of said Section 19, said intersection being a point in the exterior Corporate Boundary of the City of Bakersfield and the True Point of Beginning for this description; THENCE {1) departing from said exterior Corporate Boundary, .Southerly along last named East line, and the East line of the Nest Half of said Section 30, a distance of 5130 feet, more or less, to intersect the North right-of-way line of.the Arvin-Edison Water Storage District.Canal, as said canal right-of-way is defined in Parcel 1C-3 of that certain Order of Condemnation recorded in Book 3972, at Page 201, Official Records of said County of Kern; THENCE (2) Westerly along said right-of-way line, a distance of 2840 feet, more or less, to intersect the West line of the East 30 feet of said Section 25, said intersection being a point in the West right-of-way line of South "H" Street, and a point in said exterior Corporate Boundary; THENCE (3) Northerly and Westerly along said exterior Corporate Boundary to a point on the North line of the South 40 feet of the North Half of the Northeast Quarter of said Section 24, which bears North 89° 55' 11" West along said North line a distance of 186.06 feet from the East line of said Section 24, said point also being on the East line of Tract No. 2646 recorded May 4, 1962 in Book 12 of Maps, Page 182 in the Office of the Kern County Recorder; THENCE (4) departing from said exterior Corporate Boundary, N 0° 04' 49" E along said East line and along the East line of Tract 2394, recorded November 17, J960, in Book 11 of Maps, Page 137 in the Office of the Kern County Recorder, a distance of 1236.83 feet, to intersect the South line of the North 45 feet of the Northeast Quarter of said Section 24, said South line also being the Southerly right-of-way line.of Pacheco Road; THENCE (S} Westerly along last named South line and Southerly right-of-way line, a distance of 1130 feet, more or .less,_ to intersect said exterior Corporate Boundary; THENCE (6) Northerly and Westerly and along various courses of said exterior Corporate Boundary to the Point of Beginning. EXCLUDING THEREFROM a parcel situated in the Southwest Quarter of said Section 19, more particularly described as follows: Beginning at the .intersection of the East line of the West 130 feet of said Section 19, with the South line of the North 45 feet of the Southwest Quarter of said Section 19, said intersection being a point in the Southerly right-of-way line of Fairview Road, and the True Point of Beginning for this exclusion; THENCE (1) Easterly along-said South line.and-Southerly right-of-way line North 89° SS' 10" East a distance of 1331.473 feet to the Northeast corner of Tract No. 2668 recorded July 20, 1962 in Book 13 of Maps, Page 29 in the Office of the Kern'County Recorder; .! THENCE (2) South 0° 01' 45" West a distance of 1053.49 feet to the SouthweSt corner of Tract 2669 recorded November 2, 1962 in Book 13 of blaps, Page 69 in the Office of the Kern County Recorder; THENCE (3) South 89° 55' 0S" West a distance of 800.00 feet to the Southwest corner of Tract No. 2670 recorded November 2, 1962 in Book 13 of Maps, Page 76 in the Office of the Kern County Recorder, said corner being a point in the East line of Tract No. 2671 recorded November .13, 1962 in Book 13 of Maps, Page 81 in the Office of the Kern County Recorder; THENCE (4)~ South 00 01' 45" West a distance of 178,245 feet to the Southeast corner of said Tract 2671; THENCE (S) South 0~ 48' 03" West a distance of 90.009 feet to the Northeast corner of Tract No. 2866 recorded July 6, 1964 in Book 14 of Maps, Page 52 in the Office of the Kern County ReCorder; ~. " THENCE (6) South 0e 0~' 15" West a distance of 1221.758 feet to a point on the North line of the South 55 feet of the Southwest Quarter of said Section 19; THENCE (7) South 89~ 55' 0S" West along the last named North line, a distance of S30.776 feet, to the Southwest corner of said Tract No. 2866, said corner being a point in the East line of the\West 130 feet of said Section 19; THENCE (8) North 0° 03' 10" East, a distance of 2S43.S2S feet along said East line to the True Point of Beginning for this Exclusion. Containing 477.8 Acres ± EXHIBIT "A" Office Memorandum LOCAL AGENCY FORMATION COMMISSION COUNTY OF KERN To : Each affected agency Date : January 11, 1980 From : Subject: Robert N. Whittemore, Executive Officer Resolution No. 79-83 CITY OF BAKERSFIELD: Annexation No. 280 (Fairview No. 1) File No.: Please attach the encIosed amendment to Resolution No. 79-83 for subject proceeding. Amendment was adopted at the LAFC~ meeting: of January 8, 1980. LAFCKC #24 (7/69) RESOLUTION 79-83 " ~ '~ Section 2, paragraph 2 is amended so as to add, following subparagraph (iv), the following: (v) The application of the restrictions of Government Code Section 35010 would be detrimental to the orderly development of the community and the area that would be enclosed as a result of annexa- tion is so located that it cannot reasonably be annexed to another city or incorporated as a new city. (vi) The restrictions of Government Code Section 35010 are waived.