HomeMy WebLinkAboutRES NO 05-92RESOLUTION NO. 5 / 9 2
A RESOLUTION OF APPLICATION PROPOSING
PROCEEDINGS FOR ANNEXATION OF TERRITORY TO
THE CITY OF BAKERSFIELD IDENTIFIED AS
ANNEXATION NO. 366, KERN RIVER NO. 10
ANNEXATION (WARD 4).
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 THURSDAY, NOVEMBER 7, 1991, on the proposed annexation of certain
properties to the City of Bakersfield known as KERN RIVER NO. 10 ANNEXATION,
notice of the time and place of hearing having been given at least ten (10) calendar days
before said hearing by publication in the Bakersfield Californian, a local newspaper of
general circulation; and
WHEREAS, by Resolution No. 78-91 on November 7, 1991, the Planning
Commission recommended approval of the annexation 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 56800 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
owners and residents 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 and the zoning upon annexation
therefor, Ordinance No. 3425, which was adopted December 18, 1991, 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 October 15, 1991.
6. That the laws and regulations relating to the preparation and adoption
of Negative Declarations as set forth in the California Environmental Quality Act and
City of Bakersfield Resolution No. 107-86 have been duly followed and the Negative
Declaration 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
J. Dale Hawley
City Manager
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
Lawrence M. Lunardini
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.
......... o00 .........
ORIGINAL
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
JAN ! 5 1992 , by the following vote:
AYES, COUNCiLMEMBERS: EDWARDS 3.;,*,;0,",'~, SMITH, BRUNNI, PETERSON, ,¥.CDE.~,.*,~O.'rT, SALVAGGIO
NCES; COUNCILMEMBERS:
A~SENT COUNCILMEMBERS J~E~Nb,
ABSTAIN: COUNCILMEMBERS
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED JAN 1 5 1992
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI a j
CITY ATFORNEY of the City of Bakersfield
MO/pjt
Attachments:
Exhibit A
Exhibit B
Exhibit C
a:roa.k10
January 3, 1992
3
ORIGINAL
EXHIBIT "A"
LEGAL DESCRIPTION
Kern River No. 10
Annexation No. 366
THE FOLLOWING RECITALS DESCRIBE THE AREA OF LAND SUBJECT TO THIS
APPLICATION AND ANNEXATION TO THE CITY OF BAKERSFIELD.
THE AREA HEREIN DESCRIBED CONSISTS OF SECTIONS 21,22,23 AND A
PORTION OF SECTIONS 16,26,27 AND 28, ALL WITHIN TOWNSHIP 30 SOUTH,
RANGE 26 EAST, M.D.B.&M., COUNTY OF KERN, STATE OF CALIFORNIA.
THE AREA IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER, SAID SECTION 23;
THENCE 1)
S 00o55'33" W, ON AND ALONG THE EAST LINE
THEREON, A DISTANCE OF 5,280.40 FEET TO THE
SOUTHEAST CORNER, SAID SECTION 23:
THENCE 2)
S 00056'38" W, ON AND ALONG THE EAST LINE OF SAID
SECTION 26, A DISTANCE OF 55.00 FEET TO THE
SOUTHERLY LINE OF PANAMA LANE PER
IRREVOCABLE OFFER OF DEDICATION FILED IN
BOOK 6408, PAGE 1513, OF OFFICIAL RECORDS IN THE
OFFICE OF THE KERN COUNTY RECORDER;
THENCE 3)
N 89°24'08" W, ON AND ALONG THE SOUTHERLY LINE
OF PANAMA LANE AND THE SOUTH LINE OF THE
NORTH 55.00 FEET OF THE NORTHEAST QUARTER OF
SAID SECTION 26, A DISTANCE OF 2,640.90 FEET TO
THE WEST LINE OF THE NORTHEAST QUARTER OF
SAID SECTION 26;
THENCE 4)
N 00°56'19" E, ON AND ALONG SAID WEST LINE, A
DISTANCE OF 25.00 FEET TO A POINT ON THE
SOUTHERLY LINE OF SAID PANAMA LANE (CO. RD.
NO. 4 & NO. 126), SAID POINT BEING 30.00 FEET
SOUTHERLY OF THE NORTH LINE OF SAID SECTION
26;
Exhibit "A"
Kern River No. 10 Annex.
Page 2
THENCE 5)
N 89022'55" W, ON AND ALONG THE SOUTHERLY LINE
OF PANAMA LANE AND THE SOUTH LINE OF THE
NORTH 30.00 FEET OF THE NORTHWEST QUARTER
OF SECTION 26, A DISTANCE OF 2,640.65 FEET;
THENCE 6)
N 89037'09" W, ON AND ALONG THE SOUTHERLY LINE
OF PANAMA LANE AND THE SOUTH LINE OF THE
NORTH 30.00 FEET OF THE NORTHEAST QUARTER OF
SECTION 27, A DISTANCE OF 2,641.68 FEET;
THENCE 7)
N 89036'56" W, ON AND ALONG THE SOUTHERLY LINE
OF PANAMA LANE AND THE SOUTH LINE OF THE
NORTH 30.00 FEET OF THE NORTHWEST QUARTER
OF SECTION 27, A DISTANCE OF 2,641.46 FEET;
THENCE 8)
N 89°25'19" W, ON AND ALONG THE SOUTHERLY LINE
OF PANAMA LANE AND THE SOUTH LINE OF THE
NORTH 30.00 FEET OF THE NORTHEAST QUARTER OF
SECTION 28, A DISTANCE OF 2,640.10 FEET;
THENCE 9)
N 89025'29" W, ON AND ALONG THE SOUTHERLY LINE
OF PANAMA LANE AND THE SOUTH LINE OF THE
NORTH 30.00 FEET OF THE NORTHWEST QUARTER
OF SECTION 28, A DISTANCE OF 2,640.02 FEET TO THE
WESTERLY LINE OF SAID SECTION 28;
THENCE 10)
N 01003'25" E, ON AND ALONG SAID WES'IIERLY LINE,
A DISTANCE OF 30.00 FEET TO THE NORTHWEST
QUARTER, SAID SECTION 28;
THENCE 11)
N 00°44'50" E, ON AND ALONG THE WEST LINE OF
SAID SECTION 21, A DISTANCE OF 2,664.10 FEET TO
THE WEST QUARTER CORNER, SAID SECTION 21;
THENCE 12)
N 00046'47" E, ON AND ALONG THE WEST LINE
THEREON, A DISTANCE OF 2,664.02 FEET TO THE
NORTHWEST CORNER, SAID SECTION 21;
ORIGINAL
Exhibit "A"
Kern River No. 10 Annex.
Page 3
THENCE 13)
THENCE 14)
THENCE 15)
THENCE 16)
THENCE 17)
THENCE 18)
THENCE 19)
N 01019'24" E, ON AND ALONG THE WEST LINE OF
SAID SECTION 16 A DISTANCE OF 3,035.27 FEET TO A
POINT ON THE EXISTING CORPORATE BOUNDARY
OF THE CITY OF BAKERSFIELD, SAID POINT ALSO
BEING ON THE SOUTHEASTERLY RIGHT OF WAY
LINE OF THE KERN RIVER CANAL AS RECORDED IN
BOOK 4999 AT PAGE 431, O.R.;
PROCEEDING NORTHEASTERLY ALONG SAID RIGHT
OF WAY LINE AND EXISTING CORPORATE
BOUNDARY LINE, N 56009'26" E, A DISTANCE OF 311.91
FEET TO THE BEGINNING POINT OF A TANGENT
CURVED LINE, CONCAVE TO THE NORTHWEST,
HAVING A RADIUS OF 549.89 FEET, FROM WHICH THE
RADIAL POINT OF SAID CURVED LINE, BEARS N
33°09'26"W;
CONTINUING ALONG SAID RIGHT OF WAY AND
CORPORATE BOUNDARY LINE NORTHEASTERLY,
ALONG SAID CURVED LINE, THROUGH A CENTRAL
ANGLE OF 09°51'00", AN ARC DISTANCE O F 94.53 FEET;
CONTINUING ALONG SAID RIGHT OF WAY LINE AND
CORPORATE BOUNDARY LINE, N 46018'26" E, A
DISTANCE OF 45.59 FEET TO A POINT ON THE
SOUTHWESTERLY RIGHT OF WAY LINE OF THE MC
KITTRICK BRANCH, SOUTHERN PACIFIC RAILROAD
AS RECORDED IN BOOK 47 AT PAGE 356, AND IN
BOOK 54 AT PAGE 262, DEEDS, IN THE OFFICE OF THE
KERN COUNTY RECORDER;
DEPARTING FROM SAID KERN RIVER CANAL RIGHT
OF WAY LINE AND CORPORATE BOUNDARY LINE,
PROCEEDING SOUTHEASTERLY ALONG SAID S.P.R.R.
RIGHT OF WAY LINE, S 42°35'38"E, A DISTANCE OF
432.88 FEET;
S 47°24'22" W, A DISTANCE OF 99.99 FEET;
S 42o35'38" E, A DISTANCE OF 2,959.63 FEET;
ORIGINAL
Exhibit "A"
Kern River No. 10 Annex.
Page 4
THENCE 20)
N 47o24'22" E, A DISTANCE OF 101.97 FEET TO THE
BEGINNING POINT OF A NON-TANGENT RAILROAD
TAPER CURVE, CONCAVE TO THE NORTHEAST AND
COMPOSED OF A SERIES OF NINE CIRCULAR ARC
SEGMENTS, EACH CONCAVE TO THE NORTHEAST;
SEGMENT (1)
HAVING A RADIUS OF 3,280.41 FEET,
A CENTRAL ANGLE OF
00°25'29", AND ARC LENGTH OF 24.31
FEET.
SEGMENT (2)
HAVING A RADIUS OF 2,914.46 FEET,
A CENTRAL ANGLE OF 42°40'00",
AND ARC LENGTH OF 2,170.32 FEET.
SEGMENT (3)
HAVING A RADIUS OF 3,323.66 FEET,
A CENTRAL ANGLE OF 00031'30",
AND ARC LENGTH OF 30.45 FEET.
SEGMENT (4)
HAVING A RADIUS OF 3,869.26 FEET,
A CENTRAL ANGLE OF 00°27'00",
AND ARC LENGTH OF 30.39 FEET.
SEGMENT (5)
HAVING A RADIUS OF 4,633.30 FEET,
A CENTRAL ANGLE OF 00°22'30",
AND ARC LENGTH OF 30.32 FEET.
SEGMENT (6)
HAVING A RADIUS OF 5,778.97 FEET,
A CENTRAL ANGLE OF 00°18'00",
AND ARC LENGTH OF 30.26 FEET.
SEGMENT (7)
HAVING A RADIUS OF 7,688.48 FEET,
A CENTRAL ANGLE OF 00013'30",
AND ARC LENGTH OF 30.19 FEET;
SEGMENT (8)
HAVING A RADIUS OF 11,507.73
FEET, A CENTRAL ANGLE OF
00°09'00", AND ARC LENGTH OF 30.13
FEET.
Exhibit "A"
Kern River No. 10 Annex.
Page 5
THENCE 21)
THENCE 22)
THENCE 23)
THENCE 24)
THENCE 25)
SEGMENT (9)
HAVING A RADIUS OF 22,965.42
FEET, A CENTRAL ANGLE OF
00004'30", AND ARC LENGTH OF 30.06
FEET.
PROCEEDING ON AND ALONG SAID AND MORE
FULLY DESCRIBED TAPER CURVE IN A
SOUTHEASTERLY DIRECTION, A DISTANCE OF
2,406.43 FEET;
S 89027'38" E, A DISTANCE OF 382.92 FEET;
S 01°14'53" W, A DISTANCE OF 0.81 FEET TO THE
NORTHEAST CORNER, SAID SECTION 21;
S 89028'33" E, ON AND ALONG THE NORTH LINE, SAID
SECTION 22, A DISTANCE OF 5,297.99 FEET TO THE
NORTHEAST CORNER, SAID SECTION 22;
S 89°21'54" E, ON AND ALONG THE NORTH LINE, SAID
SECTION 23, A DISTANCE OF 5,278.45 FEET TO THE
NORTHEAST CORNER, SAID SECTION 23, THE POINT
OF BEGINNING.
CONTAINING 2,083.0 ACRES (MORE OR LESS)
ORIG~,~L
T )OS, R. 26E.,MOM
O4)
16
15
22
27
23
~2
13
t ~/Lr
PLAN FOR PROVIDING SERVICES
ANNEXATION NO. 366
(KERN RIVER NO. 10)
SERVICES
Planning
Parks and Recreation
Library
Police Protection
Fire Protection
Street
Construction
Maintenance
Sweeping
Lighting
Flood Control
Sewerage
Water
Other (REFUSE)
Agency Which Presently Check Services Which Indicate How Services Provided
Provides Service City/District Will Provide By City/District will be Financed
(i.e., general tax rate or special
Upon Future Date assessment. )
Annexation (specify)
UPCN
COUNTY X DEVELOPMENT GENERAL TAX REVENUES
N/A N/A N/A
N/A N/A
SHERIFF & HIGHWAY PATROL X GENERAL TAX REVENUES ·
CITY/COUNTY JOINT AGREEMENq N/A GENERAL TAX REVENUES
COUNTY X GENERAL AND GAS TAX REVENUES
NEW STREETS WILL BE CONSTRUCI~D BY
COUNTY X PRIVATE DEVELOPMENT AND DEEDED TO C
COUNTY X GENERAL AND GAS TAX REVENUES
NONE X GENERAL AND GAS TAX REVENUES
UPON
N/A X DEVELOPMENT GENERAL TAX REVENUES
COL~TY X GENERAL T/kX REVENUES
N/A X USER FEE/SPECIAL ASSESSMENT
N/A N/A
FRANCHISE COLLF, CTOR X USER FEE
CITY
36:ANN.366
EXHIBIT "C"
-1- RTY:lh
ANNEXATION NO. 366
KERN RIVER NO. 10
applicant city.
Please provide the following information, when applicable, only for services which will be provided by the
Service Level Capacity
Location
Indicate location from which service
will be provided (i.e. nearest fire
station, library, etc.)
Police-All police services in the City of Bakersfield are administered
through the City Police Department located at the s/w corner of Truxtun
Avenue and Eye Street about 12 miles northeasterly of the annexation.
Fire-County Station No. 53 located at Taft Highway and Old River Road will
continue to serve the territory.
Parks and Recreation-The continuation of agricultural land use upon
annexation will not result in a demand for parks or recreational
facilities in the area.
Library-N/A
Streets-The City Corporation Yard on Truxtun Avenue west of Freeway 99
will provide necessary facilities, personnel and services to accomodate
Public Works efforts. Maintenance and personnel will be dispatched from
the City Yard on a regular basis for preventative maintenance as needed.
Repair includes streets, constructed/maintenance, sweeping and lighting.
Sewer-No City sewer service is available to serve the territory at the
present time.
Water-Annexation will not result in any new wdt~r service f~om a public
or private entity.
Refuse Collection-When annexed and when development occurs, service will
be provided by the City by contract with a franchise collector or by City
forces.
-2-
36:ANN.366P2 ~ ~
Indicate frequency and availability of
service (i.e., street sweeping, response
time for emergency services, rec. programs,
etc.
24 hour patrol is provided in the in~Nediate
vicinity of this annexation. First priority
response is approximately 7.00 minutes or less
Fire protection is provided on a 24-hour ! is
and the annexation will not affect City/County
joint service capability or response time.
N/A
N/A
There will be no reduction in the range
capacity of the City to provide the necessary
public works services to this area. Services
will be on a regular basis and "as needed".
N/A
City refuse pickup is twice a week.
RTY:lh
III.
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 r~ar term level or capability of the City to provide needed services.
Upon time of develo~nent of this territory, additional police officers may or may not
be required to maintain the current level of city service. Street improvements re-
sulting from development will increase the future maintenance responsibility of the
City but will not affect the existing level of service. F~rther analysis of service
capabilities will be conducted at the time of future development proposals.
IV.
Would city/district require any upgrading or change in facilities to serve affected
territory (roads, fire hydrants, mains, etc.): If so, would city/distruct or residents
be responsible for financing? As development occurs, the developer provide~-and pays
for major facilities and dedicates them to the City. No upgrading or change in faci-
lities will be required in the territory for annexation.
Indicate and explain existing zoning in affected territory. Subject property is Zoned
A (Exclusive Acfriculture) in the County.
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 entire territory is prezoned City A-20 A (Agriculture-20 acre
minimum) zone. In general, the proposed prezoning is very compatible with the County
zoning and will present no substantial alteration of present land use.
ORIGINAL
36:ANN.366P3 -3- RTY:lh
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 cc~munity facilities, etc. City Police should be able to
respond in a more timely matter than Dresent County Sheriff and State
Highway Patrol services. The present City refuse collection rate is sub-
stantiall¥ lower than fees county residents now Day to independant
companies.
VIII.
A.
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 1.047781% of assessed market value. This represents the total
proDerty tax rate. When annexed, a desiqnated percentage of the total
property tax of the area will accrue to the City and the remainder to
the County for providinq health care and and social services. (Rates
as shown on 1991-92 County Auditor-Controller Tax Rate List).
Would effected area be subject to any bonded indebtedness of the
city/district: If so, explain. Yes, when annexed, the rate will be
increased by 0.002502% of assessed market value which equals the City
bond rate.
How will the difference in tax rates affect a house with a market value
of $50,000.00? The City Bond rate of 0.002502% amounts to a difference
of $1.25 more per year on a house of this value.
D36:ANN.366P4 -4- RTY:lh