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HomeMy WebLinkAboutRES NO 91-78RESOLUTION N0. 91-78 RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD INITIATING PROCEEDINGS FOR ANNEXATION AND ORDERING THE TERRITORY DESIG- NATED AS PROCEEDING NO. 573, ANNEXATION NO. 243 (STOCKDALE NO. 10) ANNEXED TO THE CITY OF BAKERSFIELD AND CONFIRMING THE EXERCISE OF THE CITY'S OPTION OF NOT SUCCEEDING TO WILLIAMSON ACT LAND USE CONTRACT. WHEREAS, Resolution of Application No. 52-78, adopted by the Council of the City of Bakersfield, on May 31, 1978, for the annexation of territory to the City of Bakersfield, designated as STOCKDALE NO. 10, was duly submitted to the Local Agency Formation Commission of Kern County;land WHEREAS, said Resolution of Application by the Council of the City of Bakersfield was accompanied by proof, satisfactory to the Local Agency Formation Commission, that all the owners of land within the territory have given their written consent to such change of organization and the said Commission by its Resolution Making Determination adopted on August 8, 1978, approved such change of organization without notice and hearing by the Commission and authorized the City of Bakersfield to conduct proceedings for the change of organization without notice and hearing by the _ Co~nCil.~_of said City and without election; and. WHEREAS, in the Resolution of Application of the Council of the ~ity of Bakersfield, No. 52-78, the City exercised its option of not succeeding to the Land Use Contract entered into the 15th day of February, 1977, between the' County of Kern and Tenneco West, Inc., as to land which is included within said Stockdale No. 10 Annexation and which is within one mile of the exterior boundaries of the City of Bakersfield, upon annexation of the land to the City and the City desires to confirm such exercise of o~tion. " 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 Proceeding No. 573, Annexation No. 243 (Stockdale No. 10) were authorized by Resolu- tion of Application of the Council of the City of Bakersfield No. 52-78, adopted on May 31, 1978, duly filed with the Local Agency Formation Commission of Kern County. 2. The distinctive short-form designation assigned by the Commission to the territory proposed to be annexed is: "City of Bakersfield Annexation No. 243 (Stockdale No. 10)." 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. That a map of the territory proposed to be so annexed marked Exhibit "B", is attached hereto, and made a part of this Resolution as though fully set forth herein. 5. The territory proposed to be annexed is uninhabited as determined by the Commission in its Resolution Making Deter- mination. 6. The reasons for the proposed change of organization are 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 proposed to be annexed. 7. No specific terms and conditions of the proposed annexation were contained in the Commission's Resolution Making Determination. 8. That the Local Agency Formation-Commission, pursuant to Sections 35151 and 35221 of the Government Code authorized the City of Bakersfield to annex the said territory by resolution without notice and hearing'and without election. 9. That by Resolution No. 25-78, adopted on Mar~h 15, 1978, the Council of the City of Bakersfield declared it had '~ reviewed, evaluated and considered the information contained in the Final EIR for Stockdale No. 10 Annexation, made findings and certi- fied that the Final EIR had been completed in compliance with the ~California Environmental Quality Act, the State EIR Guidelines, and City of Bakersfield Resolution No. 24-77. 10. The City of Bakersfield confirms its exercise of its option of not succeeding to the Land Use Contract entered into the 15th day of February, 1977, between the County of Kern and Tenneco West, Inc., as to land which is included within Stockdale No. 10 and which is within one mile of the exterior boundaries of the City of Bakersfield, upon the annexation of the land to the City of Bakersfield. 11. That in accordance with Section 35411 of the Govern- ment Code, land and improvements within the territory annexed, described herein, shall be liable for the general indebtedness of the City of Bakersfield existing at the time of annexation, to wit: said land and improvements shall, upon the completion of the annexa- tion of the described territory to the City of Bakersfield, be sub- jected to taxation equally with other property in said City to pay the bonded indebtedness of the City of Bakersfield, the issuance of bonds to represent said indebtedness being provided for in Ordinances Nos. 1229, New Series; in 1364, New Series; in 1593, New Series; in 1752, New Series; and in 2289, New Series, all of said City, and any and all other indebtedness or liability of the City outstanding or authorized on and after the date of completion of said annexation. 12.~ That the said territory designated as Annexation No. 24.3,. Stp~kdal~ Np. ~0 and _described herein in Exhibit "A", and every part thereof,.is hereby ordered annexed to the City of Bakersfield. 13. That the Clerk shall forthwith transmit a certified copy. of this resolution ordering a change of organization, together 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. 14. That the Executive Officer of said Commission is hereby requested to prepare and execute a Certificate of Completion and make the filings required by Chapter 4 of the Municipal Organi- zation Act of 1977 and record a certified copy oflthe certification of completion with the Recorder of Kern County, with the Surveyor of Kern County and with the City Clerk of the City of Bakersfield. o0o 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 23d day of August, 1978, by the following vote: AYES: COUNCILMEN BARTON, CHRISTENSEN, MEDDERS, RATTY, ROGERS, SCEALES, STRO;~G NOES: COUNCILMEN: ~'~L~ CIT CLE~and~' io Clerk of Council of the ~kersfield "'~ ~ - ~F ~- ~'~ '~ Bakersfield APPROVED ~ ~-as'r'to form: f CITY ATTORNEY f Bakersfiel,d the , CAL AGENCY FOP~L~'FiCN CO,~IISSIC P~DING NO. S73 ,~NDED DES~.~ION j' ~ ' ~NDED SEPTFIBER 14, 1977 ~E~TION NO, 243 · ST~KDALE NO. I0 A parcel of land situate in the County of Kern, State 'of California, and being portions of Sections 5, 6, 7, 8, 9, 16, 17 and 18 of Township 30 South, Range 27 East, M.D.M., and Sections 1, 12 and 13 of Township 50 South, Range 26 East, M.D.-M., and being more particularly described as follows: Beginning at the' intersection of the east line of said 3ection 16 with the north right-of-way line of the Southern Pacific Railroad, Buttonwil!oW Branch, said intersection being northerly along last named east line, a distance of 83.71 feet, more or less, from the southeast corner of said Section 16, said point also being a point in the exterior Corporate BoLmdary of the City of Bakersfield; 'Thence (1} departing from said .exteriOr Corporate Boundary westerly along last named north right-of-way line, said line.bein~ parallel with and 50 feet north- erly of as measured at right a~gles to the center line of main rails, a distance of 2 files, more or less, to intersect the west.line of said Section 17, said point being northerly along last named west line a distance of 82.5 feet, more or less, from the southwest corner of said Section 17; Thence (2) northerly along last named west line, a distance of 1237 feet, ~nore cr less, to intersect the south line of the north half of the Southeast Quarter of said Section 18; Thence (3) westerly along last named south line, a distance of 2640 feet, more or less, to intersect the west line of the east half of said Section 18; Thence (4) northerly along last named west. line, a distance of 3930 feet, more ot less, to intersect the south line of the north ~0 feet of said Section t8; ,'"hence (5) westerly along last named south line and the south line of the nortk ~0 feet of said Section 13, a distance of 2670 feet, more or less, to inter- sect the west line of the east $0 feet of said Section 13; Thenc~ (6} northerly along last named west line and the west line of the east 30 feet of said Sections 12 and l, a distance of 9344 feet, more or less, to intersect the north right-of-way line of Co~mty Road 1594 (Stockdale Highway) of 60 feet in width, said point being a point in the existing exterior Corporate Boundary of the City of Bakersfield; Thence (7) generally easterly along said COrporate Boundary through said sections ! and 6 to intersect the east line of said Section 6, said point being southerly along said east line, a distance of 192.65 feet, more or less, from the northeast corner of said Section 6; Thence (8} departing from said exterior Corporate Boundary southerly along Last named east line a distance of 3947 feet, more or less, to intersect the north' line of the south 1140.44 feet of said Section 5; 'Thence (9) easterly along last named north line, a distance of 4027.6 feet, more oF less, to intersect the east right-of-way line of the Arvin-Edi~on Water Storage District Canal, as said canal right-of-way is defined in Parcel 1C-1 of that certain Order of Condemnation recorded in Book 3840, at Page 291, Official Records in the Office of the County Recorder, said point being a 'point in-the exterior Corporate 8otu~dary-of the'CitF~of Bakersfield; Thence (10) southerly and easterly along 'various courses'of said Corporate Boundary to the Point of Beginning; Containing 3539 acres, more or less. EXHIBIT "A"