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HomeMy WebLinkAboutRES NO 148-02 148-02 RESOLUTION NO.__ A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD AS ANNEXATION NO. 437 LOCATED (1) ATTHE NORTHWEST CORNER OF STOCKDALE HIGHWAY AND RENFRO ROAD AND (2) AT THE SOUTHWEST CORNER OF PACHECO ROAD AND CO'I'I'ONWOOD ROAD. (WARDS 4 AND 1). WHEREAS, the Planning Commission of the City of Bakersfield, in accordance with the provisions of Section 65353 of the Government Code, held a public hearing on MONDAY, JULY 14, 1997, and THURSDAY, JULY 17, 1997, on the prezoning for the territory, notice of the time and place of hearing having been given at least twenty (20) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, by Resolution No. 53-97 on July 17, 1997, the Planning Commission recommended approval and adoption of the prezoning by this Council and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution; 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 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 proposed annexation territory is within the Greater Bakersfield Separation of Grade District; and WHEREAS, the City has agreed to serve the territory upon annexation; and WHEREAS, the property owners of the territory have 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 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, located at the northwest corner of Stockdale Highway and Renfro Road and at the southwest corner of Pacheco Road and Cottonwood Road. 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. 0RIGINA[ 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 for this proposed annexation territory and the prezoning therefore, Ordinance No. 3819, which was adopted January 28, 1998, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment. A Negative Declaration was prepared and posted on November 7, 1997. 6. That the laws and regulations relating to the preparation and adoption of the environmental document 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% of 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. 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: Pamela A. McCarthy City Clerk City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Alan Tandy City Manager City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Bart Thiltgen City Attorney City of Bakersfield 1501 Truxtun Avenue Bakersfietd, CA 93301 ORIGIN,~I 12. 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 SEP ~ 200Z , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNClLMEMBER COUNCILMEMBER COUNClLMEMBER CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED SEP MAYOR of the City of Bakersfield APPROVED AS TO FORM: MO:djl August 20, 2002 S:~Annexation\Res of Applic~an n436.roa.w~d EXHIBIT "A" RENFRO NO. 5 - PACHECO NO. 12 ANNEXATION NO. 437 Those two (2) "single areas" being portions of the southeast 1/4 of Section 33, the south 1/2 of Section 34, T. 29 S., R. 26 E., M.D.M and the north 1/2 of Section 3, the northeast 1/4 of Section 4, T. 20 S., R. 26 E., M.D.M (Area No. 1) and portions of the southwest 1/4 of Section 16, the southeast 1/4 of Section 17, the northeast 1/4 of Section 20 and the northwest 1/4 of Section 21, T. 30 S., R. 28 E., M.D.M (Area No. 2), County of Kern, State of California, comprising of 207.90 total acres (more or less), more particularly described as follows: Area No. I Commencing at the southeast corner of said Section 34, as located by Kern County Surveyor's concrete monument and designated (by conversion) to be 2,317,325.0669 feet North and 6,214,810.9134 feet East per California Coordinate System (NAD 83) Zone 5; Thence North 89° 29' 45" W, along the south line of said Section 34, a distance of 1325.17 feet to the southwest corner of Parcel B of Parcel Map Waiver No. 741 per Certificate of Compliance filed for record in Book 5885, Page 914, Official Records in the Office of the Kern County Recorder, said point also being on the existing corporate boundary line of the City of Bakersfield; Thence S 00° 25' 29" W, along said corporate boundary line, 30.00 feet to a point on the south right of way line of Stockdale Highway (Co. Rd. No. 696) and the TRUE POINT OF BEGINNING; Thence (1) departing from said corporate boundary, N 89° 29' 45" W, along said south right of way line, 1325.19 feet; Thence (2) N 89° 27' 58" W, along said south right of way lone, 2650.35 feet to meet the west line of said Section 3; Thence (3) N 89° 28' 16" W, along said south right of way line, 30.00 feet; Thence (4) N 00° 25' 56" E, 60.00 feet to the point of intersection of the north right of way line of Stockdale Highway and the west right of way line of Heath Road (Co. Rd. No. 177 & 2030); Thence (5) N 00° 31' 43" E, along the west right of way line of Heath Road, 59.99 feet; Thence (6) S 89° 28' 17" E, 90.00 feet to the east line of the additional right of way dedicated for Heath Road per Tract No. 5875-2 filed for record in Book 45 of Maps, Page 39 in the Office of the Kern County Recorder; G:\GRO U PDAT~Ron~002~An nexations\Exhibit A\437.doc -1- ORK~INAi Thence (7) S 44 © 28' 07" E, along the north line of the additional right of way for Stockdale Highway (per Tract No. 5875-2) a distance of 28.29 feet; Thence (8) S 89© 27' 58" E, along said north of right of way line, 190.01 feet; Thence (9) S 84 © 42' 09" E, along said north right of way line, 108.47 feet to meet the west line of Lot 16 of said Tract 5875-2, being a lot reserved for future acquisition by Caltrans for the Westside Parkway (formerly the Kern River Freeway); Thence (10) N 00© 32' 02" E, along the west line of said Lot 16, a distance of 15.01 feet to the northwest corner thereof; Thence (11) S 89 © 27' 58" E, along the north line of said lot 16, a distance of 26.80 feet to the beginning of a 2103.00 radius curve thereon, concave to the northwest; Thence (12) Northeasterly along said curve through a central angel of 25© 56' 53", an arc distance 952.40 feet to a point on the west line of the southeast 1/4 of the southwest 1/4 of said Section 34; Thence (13) N 00 © 30' 00" E, along said west line, 1034.98 feet to the northwest corner of the southeast 1/4 of the southwest 1/4 of said Section 34; Thence (14) S 89© 28' 55" E, along the north line of said sectional segment, 1324.32 feet to the northeast corner thereof, said corner being on the existing boundary line of the City of Bakersfield; Thence proceeding on and along said existing corporate boundary line for courses (15) through (20) as follows: Thence (15) S 89© 29' 50" E, along the north line of the southwest 1/4 of the southwest 1/4 of said Section 34 a distance of 1324.29 feet to the northeast corner thereof; Thence (16) S 00© 25' 29" W, along the east line of said sectional segment, 661.68 feet; Thence (17) S 89 © 29' 48" E, 1269.73 feet to a point on the west right o f way line of Renfro Road; Thence (18) S 00© 23' 13" W, along said west right of way line, 606.71 feet to the north right of way line of Stockdale Highway; Thence (19) N 89© 29' 45" W, along said right of way line, 1270.13 feet to a point on the west line of said Parcel B (PMW-741); Thence (20) S 00 o 25' 29" W, along said west line and prolongation thereof, 85.00 feet to the TRUE POINT OF BEGINNING. Containing 104.74 acres (more or less) G:\G RO U PDAT~Ron~OO2~An nexations\Exhibit A\437.doc -2- Area No. 2 Commencing at the northeast corner of said Section 20 (T. 30 S., R. 30 E., MD.M), being a monumented section corner and by calculation being 2,300,736.902 feet North and 6,267,662.319 feet East per California Coordinate System (N.A.D. 83) Zone 5; Thence N 89° 49' 15" E, along the north line of said Section 21, a distance of 33.00 feet; Thence N 00° 06' 18" E, 30.00 feet to the point of intersection of the north right of way line of Pacheco Road (Co. Rd. No. 1243) and the east right of way line of Cottonwood Road (Co. Rd. No. 63 & 188), said point being on the existing corporate boundary line of the City of Bakersfield and is the TRUE POINT OF BEGINNING; Thence (1) departing from said corporate boundary, S 00° 06' 18" W, 30.00 feet to a point on the north line of said Section 21; Thence (2) S 00° 01' 00" W, along the east right of way line of Cottonwood Road (Co. Rd. No. 63 & 188), a distance of 2641.18 feet to meet the easterly prolongation of the south line of the northeast 1/4 of said Section 20; Thence (3) N 89° 53' 17" W, along said south line (and prolongation thereof), 1865.79 feet to a point on the east boundary of Tract No. 1337 filed for record in Book 5 of Maps, Page 181 in the office of the Kern County Recorder; Thence (4) N 00° 34' 28" E, along said boundary line, 660.51 feet to the southeast corner of Tract No. 1093 filed for record in Book 4 of Maps, Page 159 in the office of the Kern County Recorder; Thence (5) N 03° 13' 43" E, along the east boundary line of said Tract No. 1093, a distance of 115.40 feet; Thence (6) N° 07 51' 43" E, along said east boundary line, a distance of 305.71 feet; Thence (7) N 11" 51' 43" E, along said boundary line, 247.33 feet to a point on the south line of Parcel 1 of Lot Line Adjustment No. 42-96 per Certificate of Compliance filed for record as Document No. 0196136255 in the office of the Kern County Recorder; Thence (8) S 89° 52' 26" E, along said south line, 76.60 feet to the southeast corner of said lot 1; Thence (9) N 17° 38' 00" E, along the east line of Parcels 1 and 2 (LLA 42-96), a distance of 536.13 feet; Thence (10) N 03° 11' 00" E, along the east line of said Parcel 2 (and prolongation G:\G RO U PDAT~Ron~2002LAn nexations\Exhibit A\437.doc -3- thereof), 265.00 feet; Thence (11) N 21° 51' 00" W, 186.46 feet to meet the south line of that parcel of land conveyed to Robert V. Lavelle, Jr. per grant deed filed for record in Book 6456, Page 276, O.R. in the office of the Kern County Recorder; Thence (12) S 89° 52' 00" E, along the south line of said parcel, 142.30 feet to the southeast corner thereof; Thence (13) N 00° 08' 00" E, along the east line of said parcel and northerly prolongation thereof, 402.00 feet to a point on the north right of way line of Pacheco Road (Co. Rd. No. 1339), said point also being on the existing corporate boundary line of the City of Bakersfield; Thence (14) S 89° 52' 00" E, along said right of way line and corporate boundary line, 1399.99 feet to a point on the east line of said Section 17; Thence (15) N 89° 49' 15" E, along said corporate line, 33.00 feet to the TRUE POINT OF BEGINNING. Containing 103.16 Acres (more or less) G:\GROU PDAT~Ron~2002~Annexations\Exhibit A\437.doc -4- ~RIGINA / RESOLUTION NO, 225-88 CERTIFICATE OF COMPLETION ~ECORDED v~ ~.~_~,~ 12-05-$8, BOOK 6187, P~GE 1688, O.R. (~) PACHECO ED _ ~ BRYANT ST FAIRVIEW RD course usT BNE LEN~ BEARING (7) 247.33 NZ[e5['43"' HI. 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, ctc)? The annexation of this territory will not affect the near term level or capability of the City to orovide needed services. Additional police officers would possibly be required at the time of future development in thc territor~ to maintain the current level of city service. Any planned public streets and municipal facilities within the territory will increase the future maintenance responsibility of the City but will not affect th~ existing level of service. 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? Private development provides and pays for maior facilities and dedioates them to the City. No uoerading or change in facilities will be required in the territory for annexation. Indicate and explain existing zoning in affected territory. The subiect territory is presently zoned County A (Exclusive Agriculture) Zone. The westerly portion of the territory within Tract 5875-2 is zoned Count~ E-I-RS (estate~ 1 acre~ residential suburban combining) Zone. VI. VIL VIII A. Indicate and explain proposed prezoning in area. (List effects on present land use that would occur as a result of annexation such as maintenance of livestock on property, etc.) The City prezoned the territory to the correspondine City A (Agriculture) Zone. The portion within Tract 5875-2 is prezoned to corresponding City R-S-lA (Residential Suburban - 1 acre rain) Zone. 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 present City refuse collection rate is substantially lower than fees Count~ residents now pay to independent companies. No special assessment or charges for street sweeping~ leaf collection~ street lightine energy costs and fire hydrants when located within the City's right-of-way. City government also provides increased political representation for residents within the corporate limits. Please provide the following information relative to city/district and county taxes: List existing tax rate(s) in area~ The existing general tax rates in the area equal 12.102064% in the portion of the territory west of Rider Road and 1.078682% in the portion east of Rider Road. This represents the Bo total property tax rate. When annexed, a designated nereentaue of the total property tax of the area will accrue to the City and remainder to the County for providing health care and social services. (Rates shown are for the County Auditor-Controller 2001 lien date). Would affected area be subject to any bonded indebtedness of the city/district: If so, explain. No, the last listed (1992-93) City bonded indebtedness has been paid off and the current tax rate list shows no City bonded indebtedness. How will the difference in tax rates affect a property with a market value of $50,000.007 The general property rate will not increase due to annexation and re-assessment will not occur due to annexation. 3 AREA NO. 1 (RENFRO ORIGINAL 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 have minimal effect on the near term level or capability of the City to provide needed services. Upon future development in the territory additional police oflirers would possibly be required to maintain the current level of city service. Annexation of the County street within the territory will have very minimal effect on the future maintenance responsibility of the City but should not affect the existing level of service. 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? Non if any additional development occurs~ the developer provides and pays for maior facilities and dedicates them to the City. no unerading or change in facilities will be required in the territor~ for annexation. Indicate and explain existing zoning in affected territory'. The territor~ presently zoned County A (Exclusive Agriculture) Zone. VI. VIL VlIl A. Indicate and explain proposed prezoning in area. (List effects on present land use that would occur as a result of annexation such as maintenance of livestock on property, etc.) The City has prezoned the territory to corresponding City A (Agriculture) Zone. List city/district services that area svlll 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 services. The present City refuse collection rate is substantially lower than fees county residents now per to independent companies. No special assessment or char~es for street sweeping~ leaf collection~ street il~hting energy costs and fire h~'drants upon development of subiect area. City government also provides increased political representation for the residents within the corporate limits. Please provide the following information relative to city/district and county taxes: List existing tax rate(s) in area. The existinl~ [eneral tax rate in the area equals 1.146251% of assessed market value. This represents the total property tax rate. When annexed a designated percentage of the total property tax of the area will accrue to the City and remainder to the County for providing health care and social services. (Rate as shown for the) County Auditor-Controller 2001 Lien Date). Would affected area be subject to any bonded indebtedness of the city/district: If so, explain. Nov the last listed (1992-93) City bonded indebtedness has been paid off and the current tax rate list shmvs no city bonded indebtedness. How will the difference in tax rates affect a property with a market value of $50,000.007 The general property rate will not increase due to annexation and re-assessment will not occur due to annexation. AREA NO. 2 (pACHEC~ N~l~