HomeMy WebLinkAboutRES NO 25-99 25-99
RESOLUTION NO.
A RESOLUTION OF APPLICATION PROPOSING
PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE
CITY OF BAKERSFIELD IDENTIFIED AS ANNEXATION NO.
403 (WARD 4).
WHEREAS, the City of Bakersfield owns the territory hereinafter -
described; and
WHEREAS, the City of Bakersfield intends to use the territory for the
spreading of treated effluent from a Sewer Treatment Plant; and
WHEREAS, the spreading of treated effluent is permitted "by right" in
accordance with the existing County zoning regulations; and
WHEREAS, the City of Bakersfield desires and requests that the Kern
County Local Agency Formation Commission exercise the option to not require the pre-zoning
of land to be annexed; and
WHEREAS, the City of Bakersfield desires and requests that the Kern
County Local Agency Commission make findings that support annexation of noncontiguous
land which is owned by the City and is being used by the City for reclamation, disposal and
storage of treated wastewater at the time the Commission proceedings are initiated pursuant
to Government Code Section 56111; and
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 the Cortese-Knox Local Government Reorganization Act of 1985, Section
56000 et. seq. of the Government Code of the State of California.
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, attached hereto and made a part of this resolution as though fully set forth herein.
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 Local Government Reorganization Act of 1985, 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 owner ( the City of Bakersfield ) of the affected territory desires to save the general public
the necessity of annual payment of property taxes.
5. That for this proposed annexation it was determined that the
proposed project would be exempt from the California Environmental Quality Act, Section
15319(a).
6. That the laws and regulations relating to the preparation and
adoption of the Notice of Exemption as set forth in the California Environmental Quality Act
and the City of Bakersfield Resolution No. 107-86 have been duly followed and the Notice of
Exemption for this proposed annexation is hereby approved and adopted.
7. That the territory proposed for annexation as described herein has
been determined to be uninhabited pursuant to the Cortese-Knox Local Government
Reorganization Act of 1985, Section 56046 of the Government Code.
8. 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:
City Clerk
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
Alan Tandy
City Manager
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
City Attorney
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
9. That the appropriate City officials shall file ten (10) copies of this
Resolution, with Exhibits, with the Executive Officer of the Local Agency Formation
Commission of Kern County at 2700 "M" Street, Suite 302, Bakersfield, California 93301.
......... 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
MAR ~_ ? 1999 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
COUNCIL MEMBER No~qE
COUNCIL MEMBER
Assistant CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED MAR 17 FJ99
APPROVED as to form:
OFFICE OF THE CITY ATTORNEY
CARL HERNANDEZ
Assistant City Attorney
MO:pt
March 2, 1999
s:pat\r397-sgd
EXHIBIT "A"
INTERSTATE 5
ANNEXATION NO. 403
A parcel of land being portions of Sections 1 and 12, Township 31 South, Range 25 East,
M.D.M., also portions of Sections 5 and 6, all of Section 7, portions of Sections 8, 9, 15 and
16, all of Sections 17 and 18, Township 31 South, Range 26 East, MD.M., County of Kern,
State of California, more particularly described as follows:
Commencing at that point on the North Line of said Section 6 being the point of
intersection of the center lines of State Route V1-KER-5 (Interstate 5) and State route
V1-KER119 (Taft-Bakersfield Highway) as monumented on the freeway overcrossing and
designated as 2,285,748.7636 feet North and 6,196,131.8906 feet East per California
Coordinate System (C.C.S. 83), Zone 5;
Thence North 89° 17' 32" West, along the North Line of said Section 6. A distance of
2786.84 feet to meet the East Line of the West 330 feet of said Section 6;
Thence South 00° 46' 52" West, along said East Line, 30.00 feet to a point on the South
Right of Way of State Route V1 -KER-119 (Taft-Bakersfield Highway), said point being the
TRUE POINT OF BEGINNING;
Thence (1) continuing South 00° 46' 52" West, along said East line, 960.00 feet to meet
the South Line of the North 990 feet of said Section 6;
Thence (2) South 89° 17' 32" East, along said South Line, 3499.57 feet to a point on the
Westerly Right of Way Line of State Route V1-KER-5 (Interstate 5);
Thence Southeasterly along said Westerly Right of Way Line (Interstate 5) for courses (3)
through (15) as follows:
Thence (3) South 42° 11' 00" East. 181.48 feet;
Thence (4) South 40° 26' 00" East 5806.42 feet;
Thence (5) South 36° 51' 25" East 400.78 feet;
Thence (6) South 45 ° 11' 49" East 301.04 feet;
Thence (7) South 40° 26' 00" East 2100.00 feet;
Thence (8) South 41 °34' 45" East 300.06 feet;
Thence (9) South 40° 26' 00" East, 3850.00 feet to intersect the North Line of the
Easement for the Buena Vista Canal and the Buena Vista Canal Road Overcrossing;
Thence (10) continuing South 40° 26' 00" East, 250.00 feet to intersect South Line of said
Overcrossing Easement;
Thence (11 ) continuing South 40° 26' 00" East, 4600.00 feet;
Thence i12) South 37° 17' 07" East, 200.30 feet;
Thence (13) South 40° 26' 00" East, 600.00 feet;
Thence (14) South 43° 34' 53" East, 200.30 feet;
Thence (15) South 40° 26' 00" East, 949.46 feet to a point on the South Line of the
Southwest 1/4 of said Section 15 (T.31 S., R. 26 E.);
Thence (16) North 89° 13' 36" West, along said South Line, 871.77 feet to the
Southwest corner of said Section 15;
Thence (17) North 89° 19' 26" West, along the South Line of said Section 16, a
distance of 2643.68 feet to the South 1/4 corner of said Section 16;
Thence (18) North 89° 19' 57" West, along said South Section Line, 2643.12 feet to the
Southwest corner of said Section 16;
Thence (19) North 18° 19' 40 "West, along the South Line of said Sections 17 and 18,
a distance of 7985.41 feet to the South 1/4 corner of said Section 18;
Thence (20) North 89° 19' 45" West, along said South Section Line, 2696.54 feet to the
Southwest corner of said Section 18;
Thence (21) North 00° 46' 25" East, along the West Line of said Section, 2643.68 feet
to the West 1/4 corner of said Section 18;
Thence (22) North 00°46' 14" East, along said West Line, 2643.74 feet to the
Northwest corner of said Section 18;
Thence (23) North 00 ° 45' 58" East, 30.00 feet to meet the North Right of Way Line of
Union Road ( CO. RD. NO. 1129);
Thence (24) North 88° 43' 18" West, along said North Right of Way Line, 2634.12 feet;
Thence (25) North 88 ° 43' 15" West, along said North Right of Way Line (Union Road),
2604.59 feet to meet the East Line of the West 30 feet of said Section 12, also being
the East Right of Way Line of Enos Lane (CO. RD. NO. 1129);
Then Northerly along the East Right of Way Line of Enos Lane for courses (26) through
(29) as follows:
Thence (26) North 00° 50' 05" East, 2615.11 feet;
Page 2 of 3
Thence (27) North 00° 50' 01" East, 2645.19 feet;
Thence (28) North 00° 32' 12" East, 5136.34 feet;
Thence (29) North 14° 59' 27" East, 121.75 feet to meet the South Right of Way Line of
State Route IV-KER-119 (Taft- Bakersfield Highway);
Thence (30) North 85° 32' 15" East, along said Right of Way Line, 197.04 feet;
Thence (31) South 88° 49' 49" East, along said Right of Way Line, 371.46 feet;
Thence (32) North 01 ° 04' 41" East, along said Right of Way Line, 8.45 feet to meet the
North Line of said Section 1 (T. 31 S., R. 25 E.);
Thence (33) South 88° 39' 08" East, along the North Line of said Section 1, a distance
of 1342.96 feet to intersect the South Right of Way Line of State Route 119, said point
being on a non-tangent, 3960.00 foot radius curve, concave Southerly having a radial
bearing of North 05°23' 14" East to said point on curve;
Thence Easterly along the South Right of Way Line of State Route 119 for courses (34)
through (39) as follows:
Thence (34) Easterly along said curve through a central angle of 02° 23' 44.5" an arc
distance of 165.58 feet to the beginning of a 4040.00 foot radius reverse curve,
concave Northerly;
Thence (35) Easterly along said curve through a central angle of 06° 26' 06" an arc
distance of 453.39 feet;
Thence (36) South 88° 39' 08" East, 151.26 feet;
Thence (37) North 01 ° 20' 52" East, 10.00 feet (to meet the South Line of the North 30
feet of said Section 1);
Thence (38) South 88° 39' 08" East, along said South Line, 2545.57 feet to a point on
the East Line of said Section 1;
Thence (39) Easterly, along the South Line of the North 30 feet of said Section 6 (T. 31
S., R. 26 E.) a distance of 330.15 feet to the TRUE POINT OF BEGINNING.
Containing 4,801.71 acres (more or less)
G:\GROU PDAT~Ron~a, nnexation 403-Exh A-Interstate 5.wpd
Page 3 of 3
COURSE LILT:
VICINITY MAP
ANNEXATION NO1 ~ ~.UTI~iI NO,
t ANNEXATION OF
INTERSTATE: 5
TO THE CITY OF BAKERIF'IELD
4-801.71:1:
SC&I-E:
BOO o ~oo
N il
N/A EXllTIN~ COl~
EXHIBIT "B"
/*BEE
~ DETAIL
RO.B.
c-SEE DETAIL'B"
3,3
J7
|l
(
ANNEXATION NO. 403
(INTERSTATE 5)
PLANS FOR PROVIDING SERVICES
AGENCY WHICH CHECK SERVICES WHICH INDICATE HOW SERVICES
SERVICES PRESENTLY CITY/DISTRICT WILL PROVIDED BY CITY/DISTRICT WILL BE FINANCED
PROVIDES SERVICE ~ (LE., GENERAL TAX RATE OR SPECIAL ASSESSMENT.)
Upon Annexation Furore Date
(Specif~y)
Planning COUNTY CITY GENERAL TAX REVENUES
Parks 8: N/A
Recreation
Library COUNTY N/A
Police SHERIFF AND CALIFORNIA CITY GENERAL TAX REVENUES
Protection HIGHWAY PATROL
Fire Protection COUNTY COUNTY GENERAL TAX REVENUES, FIRE FUND
Street COUNTY GENERAL AND GAS TAX REVENUES
Construction N/A
Maintenance COUNTY CITY GENERAL AND GAS TAX REVENUES
Sweeping N/A
Lighting N/A
Flood Control COUNTY CITY GENERAL TAX REVENUES
Sewerage N/A
Water CITY CITY EFFLUENT WATER FROM C1TY TREATMENT
PLANT NO. 3
Other (REFUSE) N/A
EXHIBIT "C"
1
(; 'sub\SHAREDW. ON~I 9q9~,nnex403 Providing Services Plan wpd
1. Please provide the following information, when applicable, only for service which will be provided by the applicant city.
Location
Indicate location from which service
will be provided (i.e. nearest fire station
library, etc.)
Service Level Capacity_
Indicate frequency and availability of service
(i.e., street sweeping, response time for
emergency services, recreation programs, etc.)
POLICE - all police services in the City of Bakersfield are administered through the
City Police Department located at the s/w comer of Truxtun and Eye Street about 8
miles Northwest of the annexation.
FIRE - Service will be provided by County Station No. 52 located on the North side
of Tat~-Bakersfield Highway westerly of Golden State Highway pursuant to exchange
wherein City protects certain property within the County's jurisdiction. Thus, the
City does incur the cost of providing fire protection and the fire fund collected from
the City's taxpayers must be transferred to both City and County.
PARKS AND RECREATION - The annexation area is for expansion of City's
Municipal Sewer Farm facility only.
LIBRARY - N/A
STREETS - A portion of Coles Levee Road extends through the proposed
annexation area.
CONSTRUCTION/MAINTENANCE/SWEEPING/LIGHTING - Maintenance
and personnel will be dispatched from the city Yard on a regular basis for
preventative maintenance as needed.
WATER - This area will be supplied with effluent water from City Treatment Plant
No. 2 for agricultural use only.
OTHER - (Refuse) - N/A
24 hour patrol is provided in the immediate vicinity of this
annexation. First priority response is approximately 7.00 minutes
or less.
Fire protection is provided on a 24-hour basis. The annexation will
not affect City/County Joint Fire service capability.
N/A
There will be no reduction in the range capacity of the City to
provide the necessary public work services to this area. Services
will be on a regular basis and "as needed."
There will be no reduction in the range capacity of the City to
provide the necessary public work services to this area. Services
will be on a regular basis and "as needed."
Adequate capacity exists.
N/A
2 G :~nub\Sl tAP. El )\RON~I ~9\Annex403 Providing Services Plan w'pd
III.
IV.
What effects, if any would annexation of this territory have on the existing level of city/district
services (i.e., need for additional emergency service personnel or construction of new facilities, etc)?
The annexation of this territory_ will not affect the near term level or capability of the City to provi0e
services. The entire annexation area in the process of being acquired in fee by the City for expansion
of the Bakersfield Municipal Spreading and Disposal Area for treated effluent fi.om Treatment Plant
No. 3.
Would city/district require any upgrading or change in facilities to serve affected territory (Roads,
fire hydrants, mains, etc.): If so, would city/district or residents be responsible for financing? NO
up_m'ading or change in facilities will be required in the territory, for annexation,
Indicate and explain proposed pre-zoning in affected territory. The proposed annexation area is
zoned County_ A (A_m-iculture) zone,
Indicate and explain proposed pre-zoning in area. (List effects on present land use that would occur
as a result of annexation such as maintenance of livestock on property, etc.)':
List city/district services that area will directly or indirectly benefit from such as decrease in fire
insurance rate, shorter emergency response time, use of community facilities, etc.: City Police should
be able to respond in a more timely manner than present County Sheriff and State Highway Patrol
services. The territory, will be City owned land within the corn_ orate boundary_ upon annexation
Item liB.
Please provide the following information relative to city/district and county taxes: List
existing tax rate(s) in area. The existing tax rate in the area equals 1.039336% of assessed
market value). When annexed, the territory_ will revert to tax-exempt status, being City-owned
land within the Bakersfield Incom. orated area. (Rates shown are from 1998-99 County
Auditor-Controller Tax Rate List),
Would affected area be subject to any bonded indebtedness of the city/district: If so, explain:
No - upon annexation, the area will revert to tax-exempt status.
B. How will the difference in tax rates affect a property with a market value of $50,000? N/A,
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