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HomeMy WebLinkAboutRES NO 25-79RESOLUTION NO.' 25-79 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDING THAT A MAJORITY PROTEST HAS NOT BEEN MADE AND ORDERING THE TERRITORY DESIGNATED AS ANNEXATION NO. 268, PROCEEDING NO. 645 (REAL NO. 1) ANNEXED TO THE CITY OF BAKERSFIELD. WHEREAS, Resolution of Application No. 65-78, dated June 28, 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. 268, Pro~ ceeding No. 645 (REAL NO. 1); and WHEREAS, a duly noticed public hearing upon said proposal was held before the Commission on the 28th day of ~otvember, 1978; and WHEREAS, following said public hearing, the Commission, on November 28, 1978, adopted its Resolution Making Determination being Resolution No. 78-79, 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. 2-79, 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 were duly informed-of their right to file a written protest against the annexation 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 in all respects in accordance with Resolution No. 2-79, on January 10, 1979. NOW, THEREFORE, BE IT RESOLVED AN~ 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with Section 35229 of the Government Code it is hereby found, regarding the value of written protests filed and not withdrawn by owners of land and improvements, or by registered voters residing within.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: No written protests against the said annexation were filed with the Clerk of the City of Bakersfield at any time 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. 268, Proceeding No. 645 (REAL NO. 1) and described herein, and every part thereof, is hereby ordered annexed to the City of Bakersfield. 4. 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 Formation Commission of Kern County. 5. That the executive officer of the Commission is hereby requested to prepare and execute a certificate of completion and make the filings required by Chapter 4 of the Municipal Organization Act of 1977 and record a certified copy of the certification of com- pletion with the recorder of Kern County, with the surveyor of Kern County and with the Clerk of the City of Bakersfield. o0o ANNEXATION NO.. 268 REAL NO. 1 \ A parcel"0f'iand situate in the County cf Kern, State of California, being portions of Sections 35 and 36, Township 29'S0uth~ Range 27 East, M.D.B. ~.M., more particularly described as follows: Comnencing~at~the..Southeast.corner. o/~_said Sect.ion~35,~hence:N~89.°~l.~. 40'~ W~ ..... a distance of ·1383.74 feet along the South line of said Section to intersect a line 60 feet Westerly of and parallel to the East lineof the West half of the Southeast quarter of said Section 35; thence along said line N 00° 17' 21" E, a distance of 1380.29 feet to the Southeast corner of Tract No. 1892 filed on June 27, 1956 in-Book 9 of Maps at Page 78; thence along the South lineof said Tract No. 1892, N 89° 42' 39" W, a distance of 330.00 feet to the Southwest corner of said Tract; thence along the Westerly boundary of said Tract, N 000 17~ 21" E, a distance of 660.00 feet to the Northwest corner of said ... Tract, said corner being in the existing exterior Corporate Boundary of the City of B~kersfield and the True Point of Beginning; THENCE (1) departing from said exterior Corporate Boundary and continuing along the NOrtherly extension of said.Westerly boundary of Tract No. 1892, N 00~17' 21" E, a distance of 970 feet, more or less, to intersect the Southerly right-of-way line of Garnsey Lane, of 60 feet in width; THENCE (2) along said Southerly right-of-way line N 890152~- 30" E, a distance' of 155 feet, more or less, to intersect the Southerly extension of the Easterly line of the West 75 fee~ of Lot 25 as shown on-the Map of Tract No. 1460 recorded on September 15, 1948 in Book'6 of ~aps at Page 147, in ~ the office of said County Recorder; ~'~ THENCE (3) along the Southerly extension of said Easterly line, N 00° 07' 30" W, a distance of 160 feet, more or less, to intersect the South line of said Lot 25; TI~.NCE"(4) along said South line, N 89e 52~ 30' E, a distance of 50 feet, more or less,'to intersect thewesterly'line. of~Lot~2.'of said Tract No. 1460; THENCE (5} along said Westerly line and along the Westerly lines of Lots ~.through 13, inclusive thereof, N 00° 07~ 30" W, 750 feet, more or.less, to the Southerly boundary of Parcel B as shown on Parcel Map No. 532 recorded September 29, 1972 in Parcel Map Book 3 at Page 180, in the office of said County Recorder; THENCE C6} S 89e 52' 30" W, a distance of S feet, to the Southwest corner of said Parcel B; THENCE C7) N 00e '07' 30" ~, a distance of 60 feet, to the Northwest corner of said Parcel B, said.corner being in the Southerly right-of-way line of Chester Lane, of 60 feet in width, and'in'said exterior Corporate Boundary of the City of Bakersfield; : THENCE C8) Easterly and along various courses in last named exterior Corporate 'Boundary to the True Point of Beginning. Containing 35.~ Acres, more or less EXHIBIT "A" . 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 28th day of March, 1979, by the following vote: AYES: COUNCILMEN BARTON, CHRISTENSEN, MEANS, MILLER, pAYNE, RATTY, STRON(~ NOES: COUNCILMEN ~.,y'~O'Yk_JL ~ ABSFNT: COUNCILMSN: ~. ,,,t4.--('9~ .LI ABSTAINING: COUNCILMEN: · vJ/b~-14 ]L J ' APPROVED as to form: ~R~nd~[ O ' io Clerk of the CITY the C Bakersfield Council of March, 1979 Bakersfield CITY ATTORNEY of the~ty of Bakersfield