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HomeMy WebLinkAboutRES NO 128-78 RESOLUTION NO. 128-78 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. 267, PROCEEDING NO. 644 (CALIFORNIA AVENUE NO. 4) ANNEXED TO THE CITY OF BAKERSFIELD. WHEREAS, Resolution of Application No. 57-78, dated June 14, 1978, was submitted to the Local Agency Formation Commission of Kern County ("Commission") for the annexation of territory to the City of Bakersfield designated as Annexation No. 267, Proceeding No. 644 (CALIFORNIA AVENUE NO. 4); and WHEREAS, a duly ~oticed public hearing upon said proposal was held before the Commission on the 10th day of October, 1978; and WHEREAS, following said public hearing, the Commission, on October 10, 1978, adopted its Resolution Making Determination being Resolution No. 78-72, recorded in Minute Book 23 of said Commission; and WHEREAS, on October 25, 1978, the Council of the City of Bakersfield, adopted its Resolution No. 110-78 initiating proceed- ings for annexation of the said territory to the City of BakerSfield, and set Wednesday the 6th day of December, 1978, 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 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 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. 110-78 on October 25, 1978. NOW, 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with Section 35229 of the Government Code it is hereby found, regarding the value of written' protests filed and not withdrawn by owners of land and improvements, at the conclusion of the public hearing, as follows: No written protests against the said annexation were filed with the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. 267, Proceeding No. 644 (CALIFORNIA AVENUE NO. 4) 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. 267 CALIFORNIA AVENUE NO. 4 A parcel of land situate in the County of Kern, State of California, and being portions of Sections 29, 30, 31 and 32 of Township 29 South, Range 28 East, M.D.M., and being more particularly described as follows: Beginning at the 'intersection of the east line of the west 59.26 feet of the northeast quarter of said Section 32 with the south line of the north 57.75 feet of said Section 32, said point being on the south right-of-way line of East California Avenue, of 115.50 ~eet, said point also being in the exterior Corporate Boundary of the City of Bakersfield; Thence (1) departing from said exterior Corporate Boundary westerly along the last named soL~h line and the south line of the north 57.75 feet of said Section 31, a distance of 2757.01 feet, more or less, to intersect the west line of the east 57.75 feet of said Section 31, said point being the west right-of-way line of Union Avenue, of 115.50 feet in width, said point also being in the existing exterior Corporate Boundary of the City of Bakersfield; Thence (2) northerly, easterly and southerly along said Corporate Boundary to the Point of Beginning. Containing 7.3 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 6th day of December, 1978, by the follow- ing vote: AYES: COUNCILMEN BARTON, CHRISTENSEN, MEDDERS, PATTY, NOES: COUNCILMEN: N ON ~"' ~ ABS_'NT: COUNCILMEN: ~"~(' f'/~L~' '5 /i,,]STAINING COUNCILMEN: NJ"') i~ ~- , STRONG CITYC~LE~RK and %f~icio 'Clerk of :-. --.. Council ~~y of Bakersfield the APPh"'O~D ;tb?~Ls'C6-~.-day f December, 1978 : .- APPROVED as to form: CITY ATTORN~ of of Bakersfield