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HomeMy WebLinkAboutRES NO 71-81RESOLUTION NO. 71-81 RESOLUTION OF THE COUNCIL. OF THE CITY OF BAKERSFIELD INITIATING PROCEEDINGS FOR ANNEXA- TION OF TERRITORY TO THE CITY OF BAKERSRIELD IDENTIFIED AS PROCEEDING NO., 736, ANNEXATION NO. 282 (PANAMA NO. 3), 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. 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. 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. 282 (Panama No. 3) were authorized by the City Council of the City of Bakersfield by action at a regular meeting thereof held on March 5, 1980; Application for Annexation dated April 29, 1980, was transmitted to LAFCO; the Certificate of Filing of the Executive Officer of the Commission shows that the proposal was filed by him on the 1st day of May, 1980. 2. The distinctive short form designation assigned by the Commission to the territory proposed to be annexed is: "City of Bakersfield Annexation No. 282 (Panama No. 3)." 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 uninhabited 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 owners of subject property wish 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. 6. The following term and condition of the proposed annexation is contained in the Commission's Resolution Making Determination: (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. 7. BE IT FURTHER RESOLVED, that Wednesday, the 28th day of October, 1981, 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 the said described territory may appear before the Council of the City of Bakersfie~d and show cause why such territory should not be annexed. Any owner of land within the 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 by Resolution No. 16-81, adopted on March 11, 1981, the Council of the City of Bakersfield declared it had reviewed, evaluated and considered the information contained in the Final EIR for a proposed General Plan Amendment and subsequent zone change on properties located northerly of Panama Lane, westerly of Stine Road to the Arvin-Edison Canal, and southerly of the Southern Pacific Asphalto Branch Railroad, made findings and certified that the Final EIR had been completed in compliance with the California Environmental Quality Act, the State EIR Guidelines and City Council Resolution No. 60-80. 9. A certified copy of this resolution shall forthwith be transmitted to the Executive Director of LAFCO. o0o. I HEREBY CERTIFY that the foregoing Resolution was passed ~nd adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 23d day of September, 1981, by the following vote: A'~'S,. COUNCILMEN: BARTON, CHRISTENSEN, MEANS, PAYNE, PATTY, ROCKOF~, STRONg NOES: COUNCILMEN: 7~::19~,'~,, ABSENT: COUNCILMEN: ~~~ ABSTAINING: COUNCILMEN: ..... CITY ~ Council of the e~ ',M,~~he,~,i,~,y'' of Bakersfiel APPROVED as ' to ,,form: the ANNEXATION No. 282 PANAbIA NO. 3 A parcel of land situated in the County of Kern, State of California, and being a portion of Sections IS, 16, 21, 22 and 27, To~mship 30 South, Range 27 East, M.D.B. & M., more particularly described as follows: Beginning at the intersectio'n of the south line of the north 30 feet of said S'ecEion 27 with the west line of the east'30 feet of said Section 27, said intersection being a point on the Corporate Boundary of the City of Bakersfield and the True Point of Beginning for this description; THENCE (1) .departing from said Corporate Boundary westerly along the last named soL,~h line a distance of S,~6.44 fee't, more or less, to intersect the nox'thcr!y right of way line of the Arvin-Edison Water Storage District Canal, as said canal ri:nht of way is defined in Parcel 1C-1 of that certain Order of Cvndemnat~on recorded in Book SS40, ~t page 29.[, Offic:~,al Records 0.+7 said Kern County; THENCE (2)westerly and northerly along the last named right of way line a di.stance of 9554.41 feet, more or 'less, to a point on the north right of way line of the Southern Pacific Railroad, said point also being a point on the Corporate Boundary of the City of Bakersfield; THENCE (3) easterly and southerly along the last named Corporate Boundary to the Point of Beginning. Containing S20 Acres + POOR ORIGINAL EXHIBIT "A" .I