HomeMy WebLinkAboutRES NO 005-16RESOLUTION NO. () 05— 16
A RESOLUTION OF APPLICATION PROPOSING
PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE
CITY OF BAKERSFIELD IDENTIFIED AS ANNEXATION NO.
659 LOCATED AT THE SOUTHWEST CORNER OF
STOCKDALE HIGHWAY AND NORD AVENUE. (WARD 4)
WHEREAS, the City of Bakersfield desires to propose a change of organization, to
wit, the annexation to the City of Bakersfield of the hereinafter- described territory,
pursuant to Section 56654 of the Government Code of the State of California; and
WHEREAS, the proposed annexation territory is within and consistent with the City
of Bakersfield Sphere of Influence boundary; and
WHEREAS, the City of Bakersfield agrees to annex the territory located at the
southwest corner of Stockdale Highway and Nord Road; and
WHEREAS, the City has agrees to serve the territory upon annexation; and
WHEREAS, the property owner of the territory has consented to annexation; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that it
hereby finds and determines as follows:
1. That the City of Bakersfield hereby proposes the annexation to the City of
Bakersfield of the territory described in Exhibit "A" and shown on map
marked Exhibit "B" for the project attached hereto and made a part of
this resolution as though fully set forth herein, located at the southwest
comer of Stockdale Highway and Nord Avenue.
2. That a plan for providing services within the affected territory of the
proposed annexation, in accordance with the provisions of Section 56653
of the Government Code, is marked as Exhibit "C, attached hereto and
made a part hereof as though fully set forth herein.
3. That this proposal for change of organization, to wit, annexation, is made
pursuant to the Cortese - Knox - Hertzberg Local Government
Reorganization Act of 2000, and it is requested that proceedings be
authorized for annexation in accordance therewith.
4. That 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.
5. That this proposed annexation territory and the prezoning therefore was
adopted by the City Council and an environmental document for the
annexation is determined to be adequate for the annexation proposal.
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6. That the laws and regulations relating to the preparation and adoption of
a notice of exemption as set forth in the California Environmental Quality
Act have been duly followed.
7. That the territory proposed for annexation as described herein has been
determined to be uninhabited pursuant to Section 56046 of the
Government Code.
8. That the territory proposed for annexation as described herein has been
determined to have 100% property owners consenting to annexation.
9. That the territory proposed for annexation as described herein is within the
City of Bakersfield Sphere of Influence boundary, once an amendment is
approved by LAFCo.
10. That the Local Agency Formation Commission waive the protest hearing
proceedings pursuant to Part 4, commencing with Section 57000 of the
Cortese - Knox - Hertzberg Local Government Reorganization Act of 2000.
11. That the names of the officers of the City of Bakersfield who are to be
furnished with copies of the Executive Officer's Report and who are to be
given mailed Notice of Hearing, if any, are:
Roberta Gafford
City Clerk
City of Bakersfield
1600 Truxtun Avenue
Bakersfield, CA 93301
Alan Tandy
City Manager
City of Bakersfield
1600 Truxtun Avenue
Bakersfield, CA 93301
Virginia Gennaro
City Attorney
City of Bakersfield
1600 Truxtun Avenue
Bakersfield, CA 93301
12. That the appropriate City officials shall file the (10) copies of this
Resolution, with Exhibits, with the Executive Officer of the Local Agency
Formation Commission of Kern County at 5300 Lennox Street, Suite 303,
Bakersfield, and CA 93309.
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I HEREBY CERTIFY that the forgoing Resolution was passed and adopted by the
City Council of the City of Bakersfield at a regular meeting thereof held on
JAN 0 6 2016 , by the following vote:
✓ ✓ ✓ / ✓ ✓
AYES: COUNCILMEMSER: RIVERA, MAXWELL, WEIR, SMITH, . SULLIVAN, PARLIER
N ES: COUNCILMEMSER: M�N�
COUNCILMEMBER: MIR
BS NT: COUNCILMEMBER
Iz-� 246
ROBERTA GAFFORD, CM
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED JAN 0 6 2016
HARVEY L. HALL
MAYOR of the City of
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:
ANDREW HEGLUND
Deputy City Attorney
EXHIBITS: A - Legal Description
B - Map
C - Plan for Services
D - Notice of Exemption
S: \Annexation \Res of Appric \Admins 2015 \ROA 659.docx
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ORIGINAL
EXHIBIT "A"
CITY OF BAKERSFIELD ANNEXATION NO. 659
STOCKDALE HIGHWAY NO. 17
LEGAL DESCRIPTION
BEING THAT PORTION OF SECTIONS 31 AND 32, TOWNSHIP 29 SOUTH, RANGE 26 EAST,
AND SECTIONS 5 AND 6, TOWNSHIP 30 SOUTH, RANGE 26 EAST, M.D.M., IN THE COUNTY
OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 5, SAID POINT ALSO BEING
ON THE CITY OF BAKERSFIELD CORPORATE BOUNDARY PER THAT CERTAIN CERTIFICATE
OF COMPLETION OF CITY OF BAKERSFIELD ANNEXATION NO. 548 RECORDED MARCH 25,
2011 AS DOCUMENT NO. 0211039646, OFFICIAL RECORDS, IN THE OFFICE OF THE KERN
COUNTY RECORDER; THENCE ALONG THE FOLLOWING COURSES:
1) SOUTH 00. 1(r20" WEST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER
OF SAID SECTION 5 AND ALONG SAID CITY CORPORATE BOUNDARY LINE, A
DISTANCE OF 2,582.66 FEET TO THE EAST QUARTER CORNER OF SAID SECTION
5;THENCE
2) SOUTH 00. 11'35" WEST, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER
OF SAID SECTION 5 AND CONTINUING ALONG SAID CITY CORPORATE
BOUNDARY LINE, A DISTANCE OF 45.00 FEET TO THE SOUTHWEST CORNER OF
SAID ANNEXATION NO. 548, SAID POINT ALSO BEING ON THE NORTHERLY
RIGHT -OF -WAY LINE OF THE CROSS VALLEY CANAL PER THAT CERTAIN FINAL
ORDER OF CONDEMNATION RECORDED DECEMBER 1, 1981 IN BOOK 5421, PAGE
1531, OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER;
THENCE
3) DEPARTING SAID CITY OF BAKERSFIELD CORPORATE BOUNDARY LINE, NORTH
89 °08'03" WEST, ALONG SAID NORTHERLY RIGHT -OF -WAY LINE, A DISTANCE OF
0.29 FEET; THENCE
4) NORTH 89 °45'10" WEST, CONTINUING ALONG SAID NORTHERLY RIGHT -OF -WAY
LINE, A DISTANCE OF 4,835.36 FEET; THENCE
5) NORTH 00 °14'50" EAST, CONTINUING ALONG SAID NORTHERLY RIGHT -OF -WAY
LINE, A DISTANCE OF 20.00 FEET; THENCE
6) NORTH 89 °4510" WEST, CONTINUING ALONG SAID NORTHERLY RIGHT -OF -WAY
LINE, A DISTANCE OF 457.13 FEET TO THE WEST LINE OF SAID SECTION 5, SAID
POINT ALSO BEING ON THE EAST LINE OF SAID SECTION 6; THENCE
7) DEPARTING SAID LINES, NORTH 89 °48'16" WEST, CONTINUING ALONG SAID
NORTHERLY RIGHT -OF -WAY LINE, A DISTANCE OF 67.14 FEET TO THE
SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE
KERN COUNTY WATER AGENCY IN GRANT DEED RECORDED JULY 30, 2008 AS
DOCUMENT NO. 0208120984, OFFICIAL RECORDS, IN THE OFFICE OF THE KERN
COUNTY RECORDER; THENCE
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EXHIBIT "A"
CITY OF BAKERSFIELD ANNEXATION NO. 659
STOCKDALE HIGHWAY NO. 17
LEGAL DESCRIPTION
8) NORTH 00 °11'44" EAST, ALONG THE EASTERLY LINE OF SAID PARCEL OF LAND,
A DISTANCE OF 100.00 FEET TO THE NORTHEAST CORNER OF SAID PARCEL OF
LAND; THENCE
9) NORTH 89 °48'16" WEST, ALONG THE NORTHERLY LINE OF SAID PARCEL OF
LAND, A DISTANCE OF 563.00 FEET TO THE NORTHWEST CORNER OF SAID
PARCEL OF LAND; THENCE
10) SOUTH 00 °11'44" WEST, ALONG THE WESTERLY LINE OF SAID PARCEL OF LAND,
A DISTANCE OF 100.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL OF
LAND, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT -OF -WAY LINE OF
SAID CROSS VALLEY CANAL; THENCE
11)NORTH 89. 48'18" WEST, ALONG SAID NORTHERLY RIGHT -OF -WAY LINE, A
DISTANCE OF 282.62 FEET; THENCE
12) SOUTH DO °11'44" WEST, CONTINUING ALONG SAID NORTHERLY RIGHT -OF -WAY
LINE, A DISTANCE OF 20.00 FEET; THENCE
13) NORTH 89 °4916" WEST, CONTINUING ALONG SAID NORTHERLY RIGHT -OF -WAY
LINE, A DISTANCE OF 1,951.69 FEET TO THE BEGINNING OF A CURVE, CONCAVE
SOUTHERLY, HAVING A RADIUS OF 395.00 FEET; THENCE
14) WESTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID NORTHERLY
RIGHT -OF -WAY LINE, THROUGH A CENTRAL ANGLE OF 42. 51'56 ", AN ARC
DISTANCE OF 295.52 FEET; THENCE
15) SOUTH 47 °19'48" WEST, CONTINUING ALONG SAID NORTHERLY RIGHT -OF -WAY
LINE, A DISTANCE OF 236.32 FEET TO THE NORTHERLY RIGHT -OF -WAY LINE OF
THE SOUTHERN PACIFIC RAILROAD (ASPHALTO BRANCH) PER THAT CERTAIN
DEED RECORDED OCTOBER 21, 1893 IN BOOK 47, PAGE 356, OF DEEDS, IN THE
OFFICE OF THE KERN COUNTY RECORDER; THENCE
16) NORTH 42 °3616" WEST, ALONG SAID NORTHERLY RIGHT -OF -WAY, LINE, A
DISTANCE OF 1,335.45 FEET TO INTERSECTION OF SAID NORTHERLY RIGHT -OF-
WAY LINE AND THE WESTERLY LINE OF PARCEL 2 OF PARCEL MAP WAIVER NO.
1096 RECORDED JULY 20, 1989 IN BOOK 6266, PAGE 1261, OFFICIAL RECORDS,
IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE
17) NORTH 01 °06'23" EAST, ALONG SAID WESTERLY LINE AND THE NORTHERLY
PROLONGATION THEREOF, A DISTANCE OF 1,940.63 FEET TO A POINT 30.00
FEET SOUTHERLY, AS MEASURED AT RIGHT ANGLES, TO THE SOUTH LINE OF
THE SOUTHWEST QUARTER OF SAID SECTION 31: THENCE
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EXHIBIT "A"
CITY OF BAKERSFIELD ANNEXATION NO. 659
STOCKDALE HIGHWAY NO. 17
LEGAL DESCRIPTION
18) SOUTH 89 °23'58" EAST, PARALLEL WITH SAID SOUTH LINE, A DISTANCE OF
305.45 FEET TO THE WESTERLY LINE OF PARCEL 1 OF SAID PARCEL MAP
WAIVER NO. 1096; THENCE
19) SOUTH 00 "38'02" WEST, ALONG SAID WESTERLY LINE, A DISTANCE OF 818.50
FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 1; THENCE
20) SOUTH 89 °23'58" EAST, ALONG THE SOUTHERLY LINE OF SAID PARCEL, A
DISTANCE OF 459.40 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 1;
THENCE
21) NORTH 01 °05'27" EAST, ALONG THE EASTERLY LINE OF SAID PARCEL 1 AND THE
NORTHERLY PROLONGATION THEREOF, A DISTANCE OF 878.53 FEET TO A
POINT 30.00 FEET NORTHERLY, AS MEASURED AT RIGHT ANGLES, TO THE
SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 31; THENCE
22) THENCE SOUTH 89 °23'58" EAST, PARALLEL WITH THE SOUTH LINE OF SAID
SOUTHWEST QUARTER, A DISTANCE OF 746.63 FEET TO THE NORTH -SOUTH
MID - SECTION LINE OF SAID SECTION 31; THENCE
23)NORTH 00 °31'41" EAST, ALONG SAID NORTH -SOUTH MID - SECTION LINE, A
DISTANCE OF 25.00 FEET; THENCE
24) SOUTH 89 °2,08" EAST, PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 31, A DISTANCE OF 2,650.26 FEET TO THE EAST
LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 31; THENCE
25) SOUTH 00 °2924" WEST, ALONG SAID EAST LINE, A DISTANCE OF 25.00 FEET;
THENCE
26) SOUTH 89 °27'58" EAST, PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 32, A DISTANCE OF 2,655.10 FEET TO THE NORTH -
SOUTH MID - SECTION LINE OF SAID SECTION 32; THENCE
27)NORTH 00 °28'56" EAST, ALONG SAID NORTH -SOUTH MID - SECTION LINE, A
DISTANCE OF 25.00 FEET; THENCE
28) SOUTH 89 °2T24" EAST, PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 32, A DISTANCE OF 2,575.17 FEET TO THE
BEGINNING OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF
20.00 FEET; THENCE
29) NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
90 °01'50 ", AN ARC DISTANCE OF 31.43 FEET; THENCE
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EXHIBIT "A"
CITY OF BAKERSFIELD ANNEXATION NO. 659
STOCKDALE HIGHWAY NO. 17
LEGAL DESCRIPTION
30) SOUTH 84 °1505' EAST, A DISTANCE OF 55.23 FEET TO THE EAST LINE OF SAID
SOUTHEAST QUARTER, SAID POINT ALSO BEING THE NORTHWEST CORNER OF
THE CITY CORPORATE BOUNDARY PER SAID CITY OF BAKERSFIELD
ANNEXATION NO. 548; THENCE
31) SOUTH 00 °3948" WEST, ALONG SAID CITY CORPORATE BOUNDARY LINE, A
DISTANCE OF 70.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 572.59 GROSS ACRES, MORE OR LESS.
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EXHIBHT "D"
NOTICE OF EXEMPTION Appendix
TO: _ Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
X County Clerk, County of Kern
1115 Truxtun Avenue
Bakersfield, CA 93301
FROM: City of Bakersfield
Community Department Dept. - Planning
1715 Chester Avenue
Bakersfield, CA 93301
Project Title: Annexation of Property to the City of Bakersfield known as Annexation 659 Stockdale No 17
Project Location- SpecRic: Located at the southwest comer of Stockdale Highway & Nord Avenue Ifuture)
Assessor's Parcel Number 524-020 -15.16 & 20.
Project Location -City: Bakersfield Project Location- County: Kern
proposed.
Name of Public Agency Approving Project City of Bakersfield.
Name of Person or Agency Carrying Out Project: City of Bakersfield
Exempt Status:
_ Ministerial (Sec.21080(b)(1); 15266));
_ Declared Emergency (Sec.21080(b)(3); 15269(a));
_ Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
X Categorical Exemption. State type and section number. 15061 Ib) f31 General Rule
Statutory Exemptions. State code number.
Reasons why project is exempt The proiect proposes annexation of the land to the City of Bakersfield No
exempt from CEQA
Lead Agency: City of Bakersfield
Contact Person: Debbie Lewis Associate Planner I Area Code /Telephone /Extension: 1661) 326 -3733
If filed by applicant:
I. Attach certified document of exemption finding.
2. Has a notice of exemption been filed by the public agency approving the project?
Yeses No
Signature:
X Signed by Lead Agency
Signed by Applicant
SAAnnexalion \NoEx rnption \NOE 659.dom
Date: January 7. 2016 Title: Associate Planner I
Date received for filing at OPR:
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