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HomeMy WebLinkAboutRES NO 73-63WILD CHRISTENSEN. BARNARD ,t WILD RESOLUTION NO. 73-63 A RESOLUTION BY THE CITY COUNCIL OF THE CITY. OF BAKERSFIELD, CALIFORNIA, FIXING THE TIME, DATE AND PLACE OF HEARING AS TO THE .PUBLIC ..CONVENIENCE AND NECESSITY OF -I IMPROVEMENTS. CONTEM- PLATED IN THE PROPOSED PUBLIC IMPROVE- NENT DISTRICT NO. 777 .AND ORDERING NOTICE THEREOF , , , , , WHEREAS, this City Council of the City of Bakersfield contemplates the inauguration of certain improvement work and construction consisting of paving of streets, installa- tion of curbs, gutters and sidewalks and construction of a culvert in the areas described in Exhibits "A" and "B" attached hereto, the same being and to be k~o~n as ~ublic Improvement District No. 777, the boundaries of which are described in Exhibit "C" attached hereto and made a part hereof; and WHEREAS, the City Council of said City contemplates the said 'imProvement work and construction, if found to be of public convenience and necessity, will be ordered and done under and pursuant to the provisions of the "Imp v nt Act Pc eme of 1911" and th~ a public improvement district to be entitled "Public Improvement District No. 777" will be created in ~he Proceedings under said act to includ~ that particular area so described on the attached Exhibit "C" to be beneflted by said contemplated improvement work and ~o~strdctlon; and WHERF~, it is contemplated by the City Council of said City of Bakersfield, that said Public Improvement District No. 777, and the properties benefited therein, shall be assessed to pay the cost and expense Of said public improvements; and WHEREAS, the City of Bakersfield is a chartered city within the S~ate of California, and this City Council of said City, pursuant to the provisions of Article XIII, Section 17, of the Constitution of the State Of california and pursuant to the FRESNO. CALIFORNIA WILD, CHRISTENSEN, BARNARD t WILD ATTORNEY9 AT LAW provisions of the 'Bpecial Assessment Investigation, Limi- tation and Majority Protest Act of lgSl" being Division IV of the Streets and Highways Code of th~ State of California, desires to hold a public heardng before this City Council for the purpose of discussion and then determination by this City Council of said City as to whether public 'convenience and necessity require such improvement work and construction. NOW, THEREFORE, BE IT RESOLVED as follows, to wit: That on the/~day of September, 1963, at the hour of 8:00 o'clock P.M., in the chambers of theCity Council in the City Hall, 1501 Truxton Avenue, in the City of Bakersfield, California, any and all persons who may desire to hear or partake in the discussion in regard to the determination to be made by this City Council of said City as to whether public convenience and necessity requires such improvement work and construction, may appear for such purpose. That notice thereof shall be given as hereinafter prescribed, and said notice shall set forth the description and location of the said contemplated work and construction, and the said date, hour and place of said hearing; said notice shall further provide that if this City Council of said City by no less than a 4/5ths vote of all members thereof finds and determines that public convenience and necessity require such improvement work and construction, the debt limitation and majority protest pro- visions of the said Special Assessment Investigation, Limitation md Majority Protest Act of 1931 shall not apply. That said notice shall also briefly explain that if a determination is made by this City Council wherein it is found ~ha~t'' public conVenienbe and h'eCessit~' ~eqUire such improvement work and construction, it is contemplated by this City Council that said work and construction will be instigated thereafter under the provisions of the said Improvement Act of 1911, and FRESNO. CALIFORNIA that it is further anticipated that the cost and expense thereof will be satisfied by assessments against the properties benefited thereby and :thereby paid. That said notice shall set forth the estimated total cost of said project by the City Engineer. That said notice shall refer all.persons interested therein t o the Office of the City Engineer for more particulars in connec- tion with the anticipated work and construction of said project. That the City Clerk shall cause s~id notice to be published in the "Bakersfield Californian", a daily newspaper printed, published, and of general circuiation in the City of Bakersfield; that said notice shall be published Once, said publication to be not later than September 7, 1963. That the City 'Clerk shall conspicuously post a copy of said notice at or near the door of the chambers of the City Council of said City, said posting to be made not less than five (5) days prior to the date of said hearing. o0o I HEREBY CERTIFY that the foregoing Resolution was duly passed and adopted by the City Council of the Cityof Bakersfield on the Srd day of September, 1963, by the following vote: AYES: BALFANZ, OOOLIN, MARCHBANKS, MOSSMAN, RUO(ER, S"etlz'RN;.~TTEMOI~'~ NOES; ~ .~ ,>-,BS[NT: ~._ "- .ABSTAININg.' ........................ ~, ~'- of the City Council of the City of Bakersfield, California WILD, CHRISTENSEN. BARNARD & WILD ATTORNI;Y8 AT LAW FRESNO. CALIFORNIA , APPROVED this 3rd day of September, 1963. MAY of the City of Bakersfield, California -3- Description of Parcel "A" of Public Improvement District No.'. 777: A parcel of land situated in the City of Bakersfield, County of Kern, State of California, and being a portion of the northeast quarter (N.E'. 1/4) of Section 13, Township 30 South, Range 27 East, M.D.M.: · Commencing at the northeast corner of said Section 13, 'thence westerly along · the north line of said Section 13 to intersect' the northerly prolongation of the east line of Lot 3, as said Lot 3 is shown on the "Kern County Sales Map No.. 1 · of the Lands of J. B. Haggin", filed for record May 3, 1889, in the office of the County Recorder of said Kern County; thence southerly along said northerly :.. 'prolongation to intersect a line parallel with, distant 30 feet southerly as measured perpendicular to the north line of said Section 13, said last named parallel line being the north' line of said Lot 3; ·thence westerly'along said north line of Lot 3, having a bearing of N. 89°55'04"W.', a' distance of 97.93 feet. to the true point of beginning; .. . · THENCE (1) :" S.0°04'56"lAr., 15..'00 'feet to the 'beginning of a curve, .from ; which point the radial.center of said curve bears.S.0°04'56" : distant 20 feet; .." THENCE ·(2) ' southwesterly along said .curve., concave tothe southeast with .. a radius= of 20 feet, through 'a .central angle of 90°07'00".:, a 'distance of 31.46 feet to a point of'tangency, from which'the radial center 'bears ,N . 89 °57'56'E. ,, distant 20 feet; S.'0~02'04~E., 338.'04 feet; .' N~87o46'16"W.', 60.05 feet; =THENCE (3) THENCE (4) THENCE (5) .THENCE (6) 'THENCE (7) THENCE (S) N.0°02'04"W.', 335.87 feet to the beginning of atangent curve. from which the radial center bears S.89°57'56"W. ,. distant 20 feet; northwesterly along said curve, concave to the southwest with a radius of 20 feet, through a central angle of 89°53'00", a distance of 31.'38 feet to a point from which the radial center bears S.'0°04'56"W., distant 20 feet; " .' ': ': '. '- ..j N.0°04'56"W., 15.00 feet to the north line of said Lot 3; ' .' · S.89°55'04"E., along said north line of Lot 3, a distance.,':.... .. - of 100.00 feet to the true.point of beginning. Deecription of Parcel "B" of Public Improvement .District No' 777: A parcel of land situate in the County of Kern, State of California, and · being a portion of the northeast quarter (N . E. 1/4) of Section 13 ,-Town-. ship 30 South, Range 27 East, M. D. 1V~.: Commencing at the northeast corner of said Section 13, thence westerly along the north line of said Section 13 to intersect the northerly prolong-, ation of the west line of Lot 3, as said Lot 3 is shown on the' "Kern County Sales Map No. 1 of Lands of I-. B. Haggin" filed for record May' 3, 1889, in the office of the County Recorder of said Kern County, thence S.0°02'25"E., along the s~id west line of Lot 4, a distance of 492.34 feet to the true point of beginning; THENCE (1) Conginuing S.0°02'25"E., 60.'05 feet; THENCE (2) So 87~42'42"E., 362.04 feet to intersect a line parallel with, distant 300.00 feet westerly as measured perpendicular to the east line of said Lot 3; THENCE (3) N.0°02'05"W., along last named parallel line a distance of 60.05 feet; THENCE (4) N.87o42'42"W., 362.05. feet to the true point of beginning' '.-. Description of district boundary of Public Improvement DistriOt~ No~' 777.' A parcel of. land situated partially in the City of Bakersfield and partially "in the County of Kern, State of California, and being a portion of the northeast quarter (N,Eo 1/4) of Section 13,. Township 30 South, Range 27 East,. M,D,M: Commencing at the northeast corner of said Section 13, thence westerly along the north line of said Section 13 to intersect the northerly prolongation · .. of the east line of Lot 3, as said Lot 3 is shown on the "Kern County Sales ;Map No; 1 of .Lands of J.. B. Haggin" filed .for record 'May 3.,. 1889, in the 'office of the County Recorder of said Kern County.,' said point of intersection being the Rue point of beginning; . THENCE (1) :. ·southerly along said northerly prolongation a distance 30 feet more or less to intersect the southerly right of · way line of Planz Road, of 60 feet in width, last named. ~.. point of intersection being the northeast corner of said" .. "Lot 3.,· and also being a point on the current corporate .- '~-~ .. .boundary of the City of Bakersfield; .' continuing southerly along the said east line of Lot 3 .' to intersect the westerly prolongation of the northerly .'- . boundary of Tract No, 2429, as shown.on the map of . 'Tract No, 2429 recorded June 8, 1961, in'Book 12 of . '. Maps at pages 4 and 5 in the office of said County Recorder; THENCE '(3) THENCE (4) THENCE (5) THENCE (6) THENCE .(7) easterly along last named prolongation and. along the ! .:'. north lines of said Tract Noo 2429 and Tract-' 2406, as shown on the map of said Tract No, 2406 recorded 'October 20, 1960., in Book' ll of Maps at page 132 in '... c- the office of the said County Recorder,. to the. northeast:;'.'. · ' corner' of said Tract No, 2406;. .. ~ .: .'/LL.. . 'southerly along the east line Of said Tract Noo' 2406 to the southeast corner thereof,. said southeast corner being a point in the north' line of Lot. 15.., of said -'." "."Lands of J° B° Haggin"; easterly along said north line of Lot 15 to intersect 'the northwesterly right of way line of the Southern 'Pacific Railroad., Asphalto Branch; southwe sterly. de parting from the current corporate boundary... along the said northwesterly right of .way line to intersect the south line of.~ said-Lot 15; 'westerl~ along said' 'prolongation thereof of said "Lands 'of J., south line. Of Lot 15·and the' westerly .-' ' '· . .. to intersect' the-west line- of Lot 14.-': '- '-'. -- · ~ ' B. Haggin"; .. " ,, '.'L...- EXHIBIT "C" ' THENCE (8) ' northerly alon9 the' west. line of Lots' 14 and 3 to intersect · ,. ' the .northerly right of way 'line' of "Branch No: 1 of the Kern ':.': ~ ··Island. Canal"; . .-.'THENCE (9) ....easterly along last named right'of way line to intersect · . ' ·: a line parallel with, distant 300.00 feet westerly,, as ., ~' '-' ~ .- ' '- '. · "'. measured perpendicular to the east line of said lot 3,, . . .. .... · . said intersection being a point on the 'current corporate .' boundary;. ,' THENCE (10) northerly along the last named parallel line and along the . "' "' corporate boundary to interseck the southerly right of way 'line of said Planz Road; THENCE (11) continuing norgherly, departing from the current corporate "' boundary. along the northerly prolongation of the said. last named parallel line to intersect' the north'line of said Section 13; THENCE (.12). easterly along the said nor~h"line of Secgion'.i3.,:. 300 feet.. more or less. to the ~rue lx)int. of beginning, -- "" ,.. " "t~ ' ,' ' '- . - . .;. ' .., · - -': ,- ' . '. ..'; '.., , ': ,, _ - . .'; · ../. '.- ~: .... , .. .. ..... , ' i,I;: ," . .. : · - '. 2. .~ ............ Z. .... ! }.' ' -~", -: ... · ,. - ..- ' ': "' ':" :: ""' "' ' ' --. 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