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not withdrawn prior to the close of said hearing by 36.43% of the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