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HomeMy WebLinkAboutRES NO 82-81RESOLUTION NO. 82-81 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 PROCEEDING NO. 736, ANNEXATION NO. 282 (PANAMA NO. 3) ANNEXED TO THE CITY OF BAKERSFIELD. WHEREAS, Resolution of Application No. 16-80 dated March 5, 1980 was submitted to the Local Agency Formation Com- mission of Kern County ("Commission") for the annexation of territory to the City of Bakersfield designated as Proceeding No. 736, Annexation No. 282 (Panama No. 3); and WHEREAS, a duly noticed public hearing upon said proposal was held before the Commission on the 25th day of August, 1981, which hearing was continued until the 8th day of September, 1981; and WHEREAS, following said public hearing, the Commission, on September 8, 1981, adopted its Resolution Making Determination being Resolution No. 81-27 recorded in Minute Book 28 of said Commission; and WHEREAS, on September 23, 1981 the Council of the City of BakerSfield adopted its Resolution No. 71-81 initiating pro- ceedings for annexation of the said territory to the City of Bakersfield and setting Wednesday, the 28th day of October, 1981, 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 conducted by and before the City Council in all respects in accordance with Resolution No. 71-81 on October 28, 1981. 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with Section 35229 of the Government Code, it is hereby found, regarding the value of written protests filed and not withdrawn by owners of land and improvements, at the conclusion of the public hearing, as follows: No written protests against the said annexation were filed with the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 here in. 3. The term and condition imposed upon this annexation is as follows: (a) This annexation has no priority rights in sewage treatment until such time as other undeveloped lands, currently situated within the corporate boundaries of the City, have received sewer service as needed. Thus, if more than one tentative subdivision map is pending at the same time before the appropriate city departments, commission or council, then the proposal covering land which was within the city boundaries at the earliest date shall have preference in access to the sewage treatment plant No. 3, if the plant, at that time, lacks the capacity to accept all such proposals then pending. 4. That the said territory designated as Proceeding No. 736, Annexation No. 282 (Panama No. 3) and described herein, and every part thereof, is hereby ordered annexed to the City of Bakersfield. 5. 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. 6. 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 completion with the recorder of Kern County, with the surveyor of Kern County and with the 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 28th day of October, 1981, by the following vote: AYES: COUNCILMEN: BARTON, CHRISTENSEN, MI~'ANS, PAYNE, I~TTY, ROCKOPP, $TI~ONO ABs_;N~: COUNClL~V, SNL. /'F'/~'J~ ~ - ABSTAINING: COUNCILMEN, ~/~ O j CITed/~lerk of Council of the City of Bakersfield the -2 A pzrcel of ~ n sjtua[cd :i.T~ 'ti~c ffe, i:~t.v o'!= Kc.!r:'l S~"t~; off California, and bci. n.~ :~ !~c'rtion or: 5. ccti.fms ~5, 1O~ 2]. , 22 and 27, Tou:nshil~ ~0 South, R::.n~e ~87 last, ;4.0,~. G H., more F,:vr'ticularly df~scri bed as lot leh, s ;. Begir,.ni.n!~. at t.!,f.'. i'ntors,.~ctioT~ ,"',f the .'south line of the no:'th 30 feet of said SOLr..'!.On 27 ~':.]:h 'the '.,e~t l]nc :~Z the (:,ast 3() f'ect o17 said Section 27, sai.:[ ~.ntd'r:~cction bcinc ,i i~oirtt on lh,:~ Corr'~ot'ate Bc.,m~darv of the [::it:, 'off B.zker~fic~ld :~,.'~,.I ~hc 'l'rLm ~'oi~t of/)eginnt~.g fo'r 'this descyipt i on; THENC:E (1) dc.'pa'rtin!:,, last named south line .T dist:mcc off 55:~6.j:~ iFe~::'.. mo=e or less; to i. utc'rscct the no~'t. ho:'ly right c::' ~,':~)' line of' the Ar,.'jn-.Edi:son W:'ftcr Storag. e l)istrlc= (.'=~:al, as said canni rl,.~ht oi' via)' i.:; de.fi. ncd fin Parcel ].C.-1 of' thn't Book 3840, :ft pagZ<~ 29[ , O.C.b'j_c!;~l ?eco-~'c. E5 c~t said Kern Cour~ty; lt'{E:qCE (.2) wes'teriy and noa.'therly n!or:g ~:}':e !a. sc ~t,,:::I;ed right line a dist::nce of -gqc'' 41 feet ir,,~'._'e o'~' lea'..-: to '.. l',.'>~pt ,:~.~ the -north 'right of ,..gay line oj:' tiile So~jth=.:';~ l~;.:.c'.:.fri,~ [(c: :i ]. rond , s.uid point also being a point on t.,hc CotFob"ate, lh, undary of the of Bakersi:ield; TiiEi"~CE (3) caster'l)' r::,.~d souti~erlp' along the '.,.a.'-;t named Cor~orate Do~'n.]a'r'y to the Puirlt oI7 Be~.linni'.,~! 'Co,Jtain:lr~g S20 .,\ares + POOR ORIGINAL EXHIBI'F "A" Ii