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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