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HomeMy WebLinkAboutRES NO 37-79RESOLUTION NO." ~7-79 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDING THAT A SUFFICIENT PROTEST HAS BEEN MADE TO REQUIRE AN ELECTION AND ORDERING THE TERRITORY DESIGNATED AS ANNEXATION NO. 273 tUNION AVENUE NO. 9) ANNEXED TO THE CITY OF BAKERSFIELD SUBJECT TO THE CONFIRMATION OF THE VOTERS ON THE QUESTION. WHEREAS, Resolution of Application No. 85-78, dated August 9, 1978, was submitted to the Local Agency Formation Commis- sion of Kern County ("Commission") for the annexation of territory to the City of Bakersfield designated as Annexation No. 273, Proceed- ing No. 654 (UNION AVENUE NO. 9); and WHEREAS, a duly noticed public hearing upon said proposal was held before the Commission on the 12th day of December, 1978; and WHEREAS, following said public hearing, the Commission, on December 12, 1978, adopted its Resolution Making Determination being Resolution No. 78-82, recorded in Minute Book 23 of said Commission; and WHEREAS, on January 10, 1979, the Council of the City of Bakersfield, adopted its Resolution No. 4-79, initiating proceedings for annexation of the said territory to the City of Bakersfield, and set Wednesday the 21st day of February, 1979, at the hour of 8 P.M. (or as soon thereafter as the matter could be heard) in the Council Chambers of the City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time, date and place of hearing on the proposed annexation where and when any owner of land or any registered voter residing within the hereinafter-described territory could appear before the Council of the City of Bakersfield and show cause Why such territory should'not be annexed and owners of land and registered voters residing within the said territory we.re duly informed of their right to file a written protest against the aDnexation with the City Clerk at any time prior to the conclusion of the hearing on the proposed annexation; and WHEREAS, the public hearing was duly and regularly con- ducted by and before the City Council on the above date in all respects in accordance with 'Resolution No. 4-79; and WHEREAS, it appears that written protests were filed and not withdrawn prior to the close of said hearing by 36.43% of the voters residing within the territory proposed to be annexed; N~q, THEREFORE, BE IT RESOLVED AND ORDERED by the Council of the City of Bakersfield as follows: 1. In accordance with Section 35229 of the Government Code it is hereby found, regarding the value of written protests filed and not withdrawn by owners of land and improvements, or by registered voters residing within the area, at the conclusion of the public hearing, as follows: Written protests against the said annexation were filed with the Clerk of the City of Bakersfield by 36.43% of the registered voters residing within the area proposed to be annexed prior to the conclusion of the public hearing on the proposed annexation. 2. The description of the exterior boundaries of the territory annexed is contained in Exhibit "A", attached hereto, and incorporated in this Resolution as though fully set forth herein. 3. That the said territory designated as Annexation No. 273, Proceeding No. 654 (UNION AVENUE NO. 9) and described herein, and every part thereof, is hereby ordered annexed to the City of Bakersfield, subject to the confirmation of the voters. 4. That the Clerk shall forthwith transmit a certified copy of this resolution ordering a change of organization to the executive officer of the Local Agency Formation' Commission of Kern County. 5. Pursuant to the provisions of Section 35228(b) and Section 35230 of the Government Code of the State of California, an election within said territory submitting to the voters the question of confirmation of said annexation is hereby ordered to be'call'ed.to be conducted on the next regular election date which is not less than 75 days following the date of this resolution, to wit: November 6, 1979. o0o ANNEXATION NO. 273 ~NION AVENUE NO. 9 A parcel of land situate in the County of Kern, State of California, being portions of Sections 17, 18 and 19, Township 30 South, Range 28 East, M.D.B. ~'.'M., mwmre particularly described as follows: Beginning at the intersection of the west line of the east S7.7S feet of said Section 19 with the south line of the north 30 feet of the last named Section, said intersection being a point in the exterior Corporate Boundary of the City Of Bakersfield; THENCE {1) westerly and along Various courses in said exterior Corporate BoUndary to the intersection of the east line of the west 57.75 feet'of said Section 17 with the north line of the south 30 feet of the north half of last named Section, said intersection being the northeast comer of Union Avenue, of 115.5 feet in , width, and White Lane, of 60 feet in width; THENCE (2] departing from said Corporate Boundary, southerly along said east line of the west 57.75 feet of Section 17, 379 feet, more or less, to the south line of the north 549 feet of the south half of said Section 17; THENCE (3) easterly along last named south line, S99 feet, more or less, to a · point in the east line of the west half of the northwest quarter of the southwest quarter of said Section 17; .. '111BNCE (~) S 00° 02' 16" E, 485.184 feet, to the northeast corner of Parcel 2 as shown on Parcel'Map No.- 2754 recorded January 16, 197S in Book 12 of Parcel Maps at Page 100, in the Office of the Kern County'Recorder; THENCE (5) N 89° 55' 55" W, S98.67 feet, to intersect ~he.east line of the west S7,75 feet, of said Section 17, said interseation'being a point on the easterly ~ight of way line of said Union Avenue; THENCE (6) along said east line and said.easterly right of way line, S 00e 01' 19" E, 495.59 feet, to intersect the south line of the north half of the south half of said Section 17; THENCB (7) along last named south line, S .89e 56' 04" B, 1255.36 feet, to inter- sect the east line of the west half of the southwest quarter of said Section 17; THENCB (8) along said east line, S 00' 0Z' 13" B, 1321.38 feet, to intersect the north line of the south 30 feet of said Section 17, said north line being the .uox~herly right of way line of Pacheco Road, of 60 feet in width; .. 11~11NC~ (9) westerly along last named north line and the north line of the south 30 feet of said Section 18, 1371 feet, more or less, to intersect the West line Of the east S7.7S feet of said Section 18, said intersection being the northwest corner of Union Avenue and Pacheco Road; ...' THENCE (10) southerly along last named west line 60 feet, more or less, to the Point of Beginning. ." .' . · · .- raining 183.7 Acres, more or less. Y 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 2d day of May, 1979, by the following vote: AYES: COUNCILMEN BARTON. CHRISTENSeN. MEANS. MILLEI~. isAyNI], ~ATff, STRONG ~-?~!.. !°-uN-.--q'~''':N .,C?. ~ A~TAINING: QU~ILMEN, ~/~ e __ _ CITY CLE~'/~a~ficio Clerk of the Council 'of the City of Bakersfield CITY ATTORNEY .of ~y Bakersf~eld