HomeMy WebLinkAboutRES NO 21-69RESOLUTION NO. 21-69
A RESOLUTION OF THE CITY OF BAKERSFIELD CALLING A
SPECIAL ELECTION TO BE HELD ON THE 18TH DAY OF
MARCH, 1969, PERTAINING TO THE ANNEXATION OF UNION
NO. 3 TO THE CITY OF BAKERSFIELD, ESTABLISHING
VOTING PRECINCT~ POLLING PLACESAND OFFICERS OF
ELECTION FOR SAID ELECTION, AND PRESCRIBING FEES
TO BE PAID TO SAID OFFICERS OF ELECTION AND FOR
SAID POLLING PLACES.
WHEREAS, a written petition was filed with the Council
of the City of Bakersfield requesting that certain inhabited
.territory therein described be annexed to the City of Bakersfield,
and
WHEREAS, by Resolution No. 104-68, the Council of the City
of Bakersfield declared its intention to call a special election
in certain inhabited territory contiguous to said city proposed to
be annexed to said city, for the purpose of submitting to the
qualified electors residing in said territory the question whether
or not said territory shall be annexed to said city, and setting
forth a time and place of hearing protests against said proposed
election, and
WHEREAS, a copy of said resolution was published as
required by law; and
WHEREAS, prior to and at the time set for hearing protests
to the proposed election written protests were not made by owners
of one-half of the value of the territory proposed to be annexed,
as shown by the last equalized assessment roll and no protest was
made by public and private owners equal to one-half of the value of
said territory, and
WHEREAS, all proceedings have been had in accordance with
...... said resolution and the Annexation A~t Of 1913, reference thereto
hereby being made for further particulars.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Bakersfield, as follows:
SECTION 1..
A special election is hereby called to be held on the 18th
day of March, 1969, in the territory hereinafter described and
proposed to be annexed to the City of Bakersfield, for the purpose
of submitting to the qualified electors residing in said territory
the question whether or not said territory .shall be annexed to the
City of Bakersfield and the property in the territory to be annexed
be subjected to taxation after annexation equally with the property
within the City of Bakersfield, to pay the bonded indebtedness of
the City of Bakersfield outstanding for the acquisition, construction
or completion of municipal improvements.
SECTION 2.
That said territory is hereby designated and identified
for such election purposes and for use upon the ballots at such
election as "UNION NO. 3"; that a description of said territory is
attached hereto marked EXHIBIT A, and made a part hereof.
SECTION 3.
The polls at said election shall be opened at 7 o'clock
A.M. of the day herein fixed for the holding of said election and
shall be kept open until 8 o'clock P.M., of the same day, when the
polls shall be closed.
SECTION 4.
Upon the ballots to be used at said election there shall
be printed the words:
SHALL "UNION NO. 3" BE ANNEXED TO THE CITY OF BAKERSFIELD
AND THE PROPERTY IN SUCH TERRITORY BE, AFTER SUCH ANNEXA-
TION, SUBJECTED TO TAXATION EQUALLY WITH THE PROPERTY
WITHIN THE CITY OF BAKERSFIELD, TO PAY THE BONDED INDEBT-
EDNESS OF THE CITY OF BAKERSFIELD OUTSTANDING FOR THE
ACQUISITION, CONSTRUCTION OR COMPLETION OF MUNICIPAL
IMPROVEMENTS? *
Opposite these words there shall be printed the words
~es" and "No", and to the right of each of these last two words
there shall be a voting square. If an elector shall stamp a cross
(+) in the voting square after the printed word "Yes" the vote of
such elector shall be counted in favor of the annexation of said
territory to the City of Bakersfield; and if an elector shall stamp
a cross (+) in the voting square after the printed word "No" the
vote of such elector shall be counted against such annexation.
In all particulars not herein recited said election shall
be held in conformity, as near as may be, with the laws of the State
of California concerning general elections and with said Annexation
Act of 1913.
SECTION 5.
(a) For the purpose of said election there is hereby
established in the territory proposed to be annexed, seven (7) voting
precincts consisting of portions of Precincts Lotus 1, 2 and 3;
Precincts Casaloma E., N., and W.; Precincts Fairview #1, #2 and
--Union #1, 2 & 4
Union No. 3; Precincts Berneta, Southgate~,'Precincts Borg~ardt North
and West; Precincts Garden East and West; and Precincts Jastro East,
North, South and West, which shall include all of said territory.
The following are the polling places of said election precincts and
the following named persons are hereby named officers of election
and shall constitute the board of election for such election
precincts:
PRECINCTS LOTUS 1, 2 & 3
Polling Place: Friendship House, 2424 South Cottonwood Road
Inspector: Mrs. Effie Stills, 909 Casa Grande Street
Judge: Mrs. Rodessa C. Sanders, 1902 Filson Street
Clerk: .Mrs. Vivian Mae Brown, 15 East White Lane
Clerk: Mrs. Relle Abraham, 633 Watts Drive
PRECINCTS CASALOMA E., No, & W.
Polling Place: Cole ~ Residence, 1217 Windsor Street
Inspector: Mrs. Olivia Cole, 1217 Windsor Street
Judge: Mrs. Woodsen Modell Taylor, 1213 Windsor Street
Clerk: Mrs. Ora Louise January, 1210 Windsor Street
Clerk: Mrs. Gloria D. Jenkins, 1313 Cheatham Avenue
PRECINCTS FAIRVIEW ~1, ~2 & UNION NO. 3
Polling Place: Myer's Residence, 1700 Rodney Street
Inspector: Mrs. Marjorie A. Myers, 1700 Rodney Street
Judge: Rev. Elihue Brown, 915 Watts Drive
Clerk: Mrs. Sandra P. Collins, 4217 Kenny Street
Clerk: Mrs. Sally A. Bough, 4111 Gordon Street
PRECINCTS BERNETA, SOUTHGATE UNION #1, 2 & 4
Polling Place: Ward's Residence, 1525 Mint Street
Inspector: Mrs. Evelyn R. Zimmerman, 700 Terrace Way
Judge: Mrs. Zoa E. Ward, 1525 Mint Street
Clerk: Mrs. Edna A. Warren, 1612 Mint Street
Clerk: Mrs. Sylvia L. Morse, 2002 So. Eye Street
PRECINCTS BORGWARDT NORTH & WEST
Polling Place: Knittel's Garage, 502 Villa Ave., faces 5th Street
Inspector: Mrs. Henretta Marvel, 707 E. California Avenue
Judge: Mrs. Racheal Dominquez, 227 East Fifth Street
Clerk: Mrs. Julia Lee Garcia, 118 East Seventh Street
Clerk: Mrs. Hanna Crowley, 234 East Fifth Street
PRECINCTS GARDEN EAST & WEST
Polling Place: John C. Fremont School, Cafeteria Stage, 607 Texas Street
Inspector: Mrs. Catherine E. Hudak, 9 Bliss Street
Judge: Mrs. Josephine Enriquez, 229Whitlock Street
Clerk: Mrs. Ramona Alvarado, 224 Whitlock Street
Clerk: Rev. Stacy Adams, 1005 Bradshaw Street
PRECINCTS JASTRO EAST, NORThSOUTH & WEST
Polling Place: Missionary Baptist Church, 326 South Madison Street
Inspector: Mrs. Grace L. Sanders, 2004 Padre Street
Judge: Mrs. Annie Bolinger, 2003 Padre Street
Clerk: Mrs. Georgia Henson, 1828 Feliz Street
Clerk: Miss Blanca Terrazaz, 2013 Padre Street
(b) For their services in connection with said election,
said Inspector shall receive $27.00, said Judges and Clerks shall
receive $24.00, and the person in possession of the polling place
named herein shall receive for the use of such premises in connection
with said election the sum of $24.00.
SECTION 6.
The City Clerk shall publish a notice of said special
election as required By 't~e A~nexat~onXc"t"gf i9i3,"'~t f~a~t once
a week for the four (4) weeks prior to the election, in the Oildale
News, a newspaper of general circulation, printed and published
outside the city, but in the county in which the territory is
situated.
o0o
I HEREBY CERTIFY that the foregoing Resolution was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on the 10th day of February, 1969, by
the following vote:
AYe=S: COUNCILMEN HEISEY, i, REES, RUCKER, STIERN, VETrER, WHITTEMORE
NOES: COUNCILMEN:
ABSENT COUNCILMEN:
ABSTAINING COUNCILMEN:
Council of the City of Bakersfield
APPROVED this ~l 'h day of February,
ield
APPROVED :-
1969
~ O~E~/~/
CITY A~
· UNION NO. 3 "
Description of a Parcel of Land .to be annexed to the City of Bakersfield,
Califomda, d~signated as Union i~o. 3.
A parcel of land situated in th$ County of Kern, State of California, and being
a portion of sections 4, 5, 6, 7, 8, 9, 16, 17, 18 and-19, Township 30 South,
Range 28 East, M.D'. B. & M. and also beihg a po~ion of Sections 29, 30, 31,
32 and 33, Township 29 South, Range 28 East,. M.D.B. & M'., and more pax~icu.-
larly described as follows:
Beginning at the Northeast corner of Lot 1 of said Section 19 as shown on a map "'
designated "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,
said corner also being a point on the corporate boundary of the City of Bakersfield
as defined by Ordinance No. 1520, New Series, being'also the point of intersection
of the south right of way line of Pacheco Road, of 60 feet in (gfdth, with the.west
right of way line of Union Avenue, of 11S.5 feet in width;
THENCE (1) westerly along the last named corporate' boundary and south right of" '
way line to intersect the west line of the E! of said Lot 1 said intersection
2 ,
being a point on the corpor.ate boun,dary of the City of Bakersfield as defined
by Ordinance No. 1495, New Series;
THENCE (2) westerly, northerly, westerly, northerly` and westerly along
· courses (6), (5), (4), (3), (2), and (].) of the last narned corporate boundary
to the southeast corner of Lot 14 of said Section 18 as shown on the afore-
mentioned "Kern County Sales Map No. 1 of Lands of y. B. -Haggin", being
also a point on the corporate boundary of the City of Bakersfield as defined ..
by Ordinance. No. 1378, New Series;
THENCE (3) northerly along the last named corporate boundary to 'the northeast
corner of said. Lot 14, being a point on the southerly right of way line of
. 'White Lane, and being also a point on the corporate
-' boundary of the City of Bakersfield 'as defined by that ce~Kain resolution ..,
adopted May 2, 1961, by the Board of Supervisors of said Kern County,
· . pertaining to that ce~ain annexation designated as "V~rhite Lane No. 8" and
.re.corded in Book 1'46, Page 463, official minutes of said Board of Supervisors;
THENCE '(4) easterly, southerly, easterly and noz~kher!y. along the last named
corporate boundary to the southeast corner of TraCt No. 229~, recorded
October 1, 1959 in Book 10 of Maps,-Page 206, Records of said Kern Co.u. nty,
said southeast corner being a point on corporate boundary of the City of
Bakersfield, as defined by Ordinance No. ][255, New.Series;
THENCE (5) northerly along the last named corporate boundary to intersect the
north line of Lot 8' of said Section 18 as shown on the aforementioned "Kern
County Sales Map No. 1 of Lands of J. B. Haggin", said intersection being
a point on the corporate boundam7 of the City of Bakersfield as defined by
Ordinance No. 1121, New Series;
THENCE (6) easterly, northerly and easterly ~long the last named corporate
boundary to intersect the southerly prolongation of ~he easterly boundary
of Tract No. ].878, recorded October 17,
1958 in Book 9 of.Maps, Page 96
Records of said Kern County, said intersection being a point on the corporate
boundary of the-City of Bakersfield as defined by Ordinance No. 1636, New'
Series;
THEhrCE (7) easter]y, northerly and no:.-thwester!y along courses (5) , (4) , and
~':'(3) of ti~e last named coi]:~oz-ate boundary to the southeast corner o~Lot 46,
said tract No. ~8Y8, said southe'ast co,"ner being a point on the corporate
boun[fiary of tine City of Bakersfield as defined by aforementioned Ordj. l~ance
No. 1121, New Series;
THENCE (8) horthwesterly along the nor'H~easterly boundary of said Tract No,
1878 and along fine last named corporate bounda[y to intersect the north line
of the SE 1/4 of the SE 1/4 of said Section 7, said intersection being a point
on the corporate boundary of the City of Bakers field as defined by Ordinance
Noo 1320, New Series;
THENbE (9) northwesterly along the last named corporate boundary to intersect the
east line of the N]ar 1/4 of the SE 1/4 of said Section 7, said intersection
being a point on the corporate boundary of the City of Bakers field as defined
by Ordinance No. 1022, New Series;
THENCE (10) norhhwesterly, westerly and southwesterly along the' last named
corporate boundary to intersect the southwesterly right of way line of South
Chester Avenue (County Road No. t090, re-alignment), of 110 feet in width,
said intersection being a pbint on the corporate boundary of the City of
Bakersfield as defined by Ordinance No. 898, New Series;
THENCE (11) northwesterly along the last named corporate boundary to intersect.
the easterly extension of the south~riy right of way line of Wilson Road
(County Road No. 1345), of 86 feet in width, said intersection being a point
on the corporate boundary of the City of Bakersfield as defined by Ordinanc~
No. 1013, New Series; ""
-THENCE (12) easr~eriy, northwesterly, easterly and northerly along the ·last named
corporate boundary to intersect the nozlherly line of the south 50 feet of
the north 160 feet of the SW i/4 of the SE 1/4 of the SE I/4 of the NW 1/4
of said Section 7, said intersection being a point on the corporate boundary
of the City of Bakersfield as defined by Ordinance No. 1192, New Series;
THENCE (13) easterly, northerly, westerly and southeasterly along the last named
corporate boundary to intersect the last named northerly line, said inter-
section being a point on the corporate boundary of the City of Bakersfield
'as defined by aforementioned Ordinance No. !013, New Series;
THENCt-~ (14) southeasterly and westerly along the last named corporate boundary
to intersect the southwesterly right of way of South Chester Avenue (County
. Road No. 1090, re-alignment), of 110 feet in width, said intersection being'.
a point. on the corporate boundary of the City of Bakersfield as defined by
aforementioned Ordinance No. 898, 'New Series; '
. THENCE (1S) w'eSterly and norlherly along the last named corporate boundary to
intersect the south line of the north 30 feet of said section 7, said inter-
s~ction being a point or~ the. corporate boundary of the City of Bakersfield as
defined by Ordinance No. 876, New Series;
THENCE (16) easterly, northerly, westerly, northerly, easterly and nor~'herly
a_long the l~st named corporate.boundamZ to the southwest corner of Tract -
No.- 15!8, recorded October 19, 1949 in Book 7 of Maps, .page 44, Records
of said Kern County, said southwest corner being a point on the corporate
boundary of the City of Bakersfield as '~lefined by Ordinance No. 857, New
Series;
THENCE (17) easterly. and noiTLheriy alo;.-!g the last named co,:porate boundscry tS '
a point on the ca;st line of s~'.id Tract No. 1518, distant 106.62 feet
northerly as measum-ed along said eas~ line fiDrn the southeast corner of
said Tract No. 15 18 said point being on the co:po:.~ate boundary of the City
of Bakersfield defined by Ordinal ace Noo 970, New Series;
THENCE (18) northerly and westerly along the last named corporate boundary to
- the northwest.corner of Lot 6, Tract No. 1587, recorded May 29, 1951 in
Book 7 of Maps, Page 157, Recoi:ds of said Kern County, said northwest'
corner being a poir~t on 'the corporate boundary of the City of Bakersfield
as' defined by Ordinance No. 9~3, New Series;
THENCE (19) westerly along the last named corporate boundary to intersect the
easterly right of way line
or- Stree';-, as said s'a~eet is shown on the map
of the aforementioned Tract No~ 15 18, said'intersSction being a point on
the corporate boundary of.the City of Bakersfield, as defined by afore-
mentioned Ordinance No. 857, New Series;
THENCE (2'0) northerly and westerly along the last named cotprate boundary to
intersect th~ east line of Lot 12 of said Section 6 as shown on the afore-
· mentioned er County Sales Map No. t of Lands of Jo .B. Haggin", said
intersection being a point on the cotprate bounda~ of the City of Bakers-
field as defined by Ordinance Nb. ~64, New Series;
THENCE (2!) northerly and westerly along the last named corporate boundary to ·
intersect the east line of the west 160. fee'E of the east 330 feet of Lot 5
" of said Section 6 as shown on the aforementioned "Kern County Sales
Map No. 1 of Lands of i'- B. Haggin", said' intersection being a point on
.:' the corporate boundary of the City of Bakersfield as defined by Ordinance
No.' 1103, New Series;
THENCE (22) northerly, westerly and southjrly. along the last named corporate
. boundary to intersect the easterly prolongation of the center line of a
20 foot alley extending easterly and westerly and .being bounded by Lots
3 through 11, Tract lkTo. 1061, recorded'April 28, 1938 in Book 4 of Maps,
Pages 112, and 113, Records of said Kern County; said intersection being
a point on the corporate boundary of the City of Bakers field as defined by '.
"' Ordinance No~ 942, New Series;
THENCE (23) westerly along the last named corporate boundary to intersect the
easterly boundary line of the aforementioned Tract No. 1061, said inter-
. section being a point on the corporate boundary of the City of Bakersfield
as de, fined by Ordinance No. 850, New Series; .
'THENCE (24) northerly along the last named corporate boundary to intersect the
north right of way line of Brundage Lane ~ of 80 feet in width, also known
as State Highway Route V'i-KER-204, said intersection being a point on the
coi'porate boundary of the City of Bakersfield as defined by that special
election held March 21, 1939, and which results were certified by the
Secretary of State on Ma~VCh 28, 1939.
THENCE (25) easterl'y along the last named north right of way line and corporhte
boundary to intersect the west right of way line of Union Avenue of 11.5.5
feet in width, also.known as state H'ighwag. Route V-[-KER-204, said inter-
section being a point on the corporate boundmy of the Ci'ty of Bakers field
as defined by ~-~ aforementioned special e on
~.~ ~lecti ;
7
T]~ENCE (2 G) no:th$:iy alon,[j the lest: n~z reed west right of .,,...:e)r ]ff ;;e and. co,-pc:ate
..... ~-. ~oundary to intersect the norfin right of way line o,f Ca!ifo:r,i'a";' o]! :].~.L-5.5 ~
feet ji'i \.',,;i¢it'.q, Seli¢i int-e.~^section bei;lg a point on th,a co:-porate bounda',:y of
the City of Bakersfield ~s defiT..ecl b~r the afo,:ementioned s!~ecial clectioz~,;
THENCE (27) easterly along the last named north right of way line and corporate
boundary to intersect the northerly extension of th~ east right of way line
of South }(irfg Street, of ~0 feet in width, said intersection being a point
on the corporate boundary of the City of Bakersfield as defined by Ordin-
ance No. 896,'N~:w Series;
THENCE (28) southerly along the last named corporate boundary to intersect a
line parallel with, distant !].. 25 feet northerly of the north line of Block 17,
Borgwardt Tract, and extension tincreel, said tract as shown on a map
recorded january 12, 1907, in Book ! of Maps, Page 100, Records of said
Kern County, said intersection being a point on 'the corporate boundary of
the City of Bakersfield aS defined by Ordinance No. 1664, New Series;
TH'~NOE (29) westerly and sotr[herly along the last named corporate' boundary to
intersect the south right of .way line of Potomac Avenue, being also the
south line of the no:-th 30 feet of the SE 1/4 of the NRaf 1/4 of said SectiOn
saidf intersection being a point on the corporate bounda~'7 of the City of
Bakersfield as defined by Ordinance No. 1193, New Series;
THENCE .(30) westerly, noz-~herly, westerly, southerly and easterly-along the
last named corporate boundary to intersect the southerly extension of th~
east right of'way line of South King Street, said east right of way line also
- being the east ].ine of the west 30 feet of the NE' t/4 of said Section 32,
said intersectloft being a poin~ on the corporate boundary of the City of
Bakersfield as defined By aforementioned Ordinance No. 896, New Series;
TH]~NCE (31) southerly along the 'l.ast r.:amed corporate boundary to intersect the
e'asterly' prolongation of the no~-~herly line of the southerly 100 feet of
Block t, Milham Gardens, recorded April 12, 1922, .in Book 3 of Maps,
Page 59, Records of said Kern County, 'said intersection being a point on
corporate boundary of the City of Bakersfield.as defined by that certain
resolution a.dopted November 17, 1952, by the Board of Supervisors of said
Kern County, pe':~.aining to that cer'~ain annexation designated as "' Milham
Gardens" and recorded .in Book 89, Page $, Official Minutes of said Board
of Supervisors;
2I-ENCE (32) westerly, southerly and easterly along the last named corporate
-,.-~ boundary to a point which is the intersection o'f~'fiOd~h right of way line of '
Brundage Lane, of 60 feet in width, with the east right of way line of South
'King Street, of 50 feet in width, said intersection being a point on the '
corporate bouhdary of the City of Bakersfield as defined by aforementioHed
Ordinance No. 896, New Series;
TIffENCE (33) e. asterly along th~ last named corporate boundary and north right of
way line to intersect tl~'e east line of the west 30 feet of the S~V 1/4 of said
Section 33, said intersection being a point on the corporate boundary of the
City of Bakersfield as defined by that cez~ain resolution adopted Septe:mber 29,
_l _9, 5__2_~_hX__t_he Board_of Supervisors Of. said Kern County pa~aining to that
certain annexation designated as "Municipal Farm, roger her with that p~j~iOn
of that certain public highway, commonly known as Brundage Lane, which'
connects said territory to the Ciliy Of Bakersfield" and recorded in Book 88 ,' ..
Page !5!, Official Minutes of sc:id ~oard of Supervisors;
Ti-iENGE (34 southc;z'iv, c-~a~.st,s.T]y, sout:he~_-iy ahd \vestc. rly a]onq the last named
corecrave bounciary to intersect the U e Segregation Line as saiz~l line"is
shown on the "Official Plat of T.'30 S R. 78 ~? M D B & M." pproveci
on February 28, ].555, said intersection being a point on the corporate
boundary of the City of Bakersfield as defined by Ordinance No. i642,
New Series;
THENCE (35) westerly, southerly, easterly, southerly and easterly along course
(10), (1), (2), (3) and (4) of the last named corporate boundary to the South
east corner o~ Lot ll of said Section 9, as said lot is shown on a map desig.-
nated '.'Sales Map of the t(ern County Land Company in Section 9, T.30 S.,
R'.28 E'., M.D,B. & M.", fihd for record. April 20, 1894, in the Office of
the County Recorder of said Kern County, said southeast corner being a
point on the corporate boundary of the City of Bakersfield as defined by the
aforementioned resolution adopted September 29, 1952, by the Board of
Supervisors of said Kern County;
THENCE (36)easterlyand southerly along the last named corporate beundary to
the Southeast corner of the N\~r 1/4 of said Section 16; ,
THENCE .(37) westerly, deparLing from s'aid corporate boundary, along the southerly
linS of the N'W 1/4 of said Section 16 to intersect 'the east right of Way line
of CottOnwood Road, of 60 feet in width, said east right of way line being
also the east line of the west 30 feet of said Section 16;
TI-tENCE (38) norUherly along the last named east right of way l'ine to intersect
the easterly extension of the north fight of way line of Vfnite Lane, of
60 feet.in width, said north right of way line being also the north line of
the South 30 feet of the NE 1/4 of said Section 17;
~HENCE (39) westerly along the last named north right of way line and easterly
extension thereof to inter:sect the east right of way line of Union Avenue,
of 115.5 feet in width, said intersection being the southwest corner of
Lot 7 of said Section !7 as shown on the aforementioned "Kern County
Sales Map No. 1 of Lands of J. B. Haggin";
THENCE (40) westerly to a point which is the intersection of the no~lh right of
way line of said White Lane with the west right of way line of said' Union
:-. Avenue, said intersection being the southeast corner of Lot 10 of said
Section i8 as shown on the aforementiSned "Kern County Sales Map No. 1.
of Lands of J. B. Haggin";
THENCE (41) southerly along the last named west right of way and extension
thereof, to the southeast corner of Lot 20 of said Section 18 as shown on
the' .aforementioned "Kern County Sales Map No. 1 of Lands of
Said southeast corner being the intersection of the north right of way line
of Pacheco Road, of 60 feet in width, with the west right of way line of
said Lrnion Avenue;
THENCE (42i southerly to the noaheast corner of Lot 1 of said Section 19 of the
aforementioned "Kern County. Sales Map No. t of Lands of y. B. Haggin",
being a point on corporate boundary of the City of Bakersfield as defined
.. .... by Ordi~ar~o__e.No. !520, .New Series, being the point 'of beginning and
containing 38!.]..55 acres of.land more or.!esso