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HomeMy WebLinkAboutRES NO 4-79RESOLUTION NO. 4-79 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. 654, ANNEXATION NO. 273, (UNION AVENUE NO. 9), 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. 273 (UNION AVENUE NO. 9); and WHEREAS, a duly noticed public hearing upon said proposal was held before the Commission on the 28th day of November, 1978; and continued to and concluded 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. 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. 273 (UNION AVENUE NO. 9) were authorized by the City Council of the City of Bakersfield by action at a regular meeting thereof held on August 9, 1978; Application for Annexation dated August 10, 1978, was trans- mitted to LAFCO; the Certificate of Filing of the Executive Officer of the Commission shows that the proposal was filed by him on the 8th day of November, 1978 2. The distinctive short form designation assigned by the Commission to the territory proposed to be annexed is: "City of Bakersfield Annexation No. 273 (UNION AVENUE NO. 9)." 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 inhabited 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 pro- posed to'.be annexed. 6. The following terms and conditions of the proposed annexation are contained in the Commission's Resolution Making Determinations. (a) Since dissolution of that portion of County Service Area No. 2 included in subject annexation would reduce the existing revenue base of said California Service Area it is recommended the Commission's approval of the proposal be subject to the'following: 1. The Commission waive the application of Government Code Section 25210.90 under authority of G.C.~54790(h). 2. The City of Bakersfield not cause the dis- solution of that portion of County Service Area No. 2 included within the corporate boundaries as long as the existing service is being performed by said County Service Area. 7. BE IT FURTHER RESOLVED, that Wednesday the 21st day of February, 1979, 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, or any registered voter residing 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, or any registered voter residing within, the described 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. 8. 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. 9. A certified copy of this Resolution shall forthwith be transmitted to the Executive Director of LAFCO. o0o. ANNEXATION NO. 273 UNION 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., more particularly described as follows: Beginning at the intersection of the west line of the east 57.75 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 S7.75 feet of Section 17, S79 feet, more or less, to the south line of the north 349 feet of the south half. of said Section 17; THENCE (3) easterly along last named south line, 599 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; THENCE (4) 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, 1975 in Book 12 of Parcel Maps at Page 100, in the Office of the Kern County Recorder; THENCE (5) N 89° 55' 55" W, 598.67 feet, to intersect ~he east line of the west 57.75 feet, of said Section 17, said intersection being a point on the easterly right of way line of said Union Avenue; '. THENCE (6) along said east line and said easterly right of way line, S 00° 01' 19" E, 495.59 feet, to intersect the south line of the north half of the south half of said Section 17; THENCE (7) along last named south line, S 89° 56' 04" E, 1255.36 feet, to inter- sect the east line of the west half of the southwest quarter of said Section 17; THENCE.(8) along said east line, S 00e 03' 13" E, 1321.38 feet, to intersect the north line of the south 30 feet of said Section 17, said north line being the .Northerly right of way line of Pacheco Road, of 60 feet in width; THENCE (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 57.75 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. Containing 183.7 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 10th day of January, 1979, by the follow- ing vote: AYES: COUNCILMEN 8-A~T~N, CHRISTENSEN, MEDDERS, RAI"FY, NOES: COUNCILMEN: AE~SENT: COUNCILMEN: ,'\SS/AINING COUNCILMEN: SCEALES, STRONG CITY.~_LE~ Officio Clerk of the Council ~~f Bakersfield APPRO % is 16 c-hjaay of January, 1979 . , ~'.~ :_ f ,,:'- ~ . f Bakersfield APPROVED as t~- fo~m: CITY ATTORNEY of akers ield