HomeMy WebLinkAboutRES NO 34-89RESOLUTION NO. 34-89
A RESOLUTION OF APPLICATION OF THE COUNCIL OF
THE CITY OF BAKERSFIELD PROPOSING PROCEEDINGS
FOR ANNEXATION OF TERRITORY TO THE CITY OF
BAKERSFIELD IDENTIFIED AS ANNEXATION NO. 331,
ALLEN NO. 1 ANNEXATION, GENERALLY LOCATED
AT THE NORTHEAST CORNER OF STOCKDALE HIGHWAY
AND ALLEN ROAD, CONTIGUOUS TO THE BOUNDARY OF
THE CITY LIMITS. (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 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", attached hereto and made a part of this resolu-
tion as though fully set forth herein.
2. That a map of the territory proposed to be so
annexed, marked Exhibit "B", is attached hereto and made a part
of this Resolution ss though fully set forth herein.
3. 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.
4. 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.
5. That the reasons for the proposed change of organi-
zation are that the owners and residents of the affected terri-
tory desire to receive municipal services from the City of
Bakersfield, and the City desires to receive tax revenues for
benefits given and %o be given to the territory proposed to be
annexed.
6. That for this proposed annexation and the zoning
upon annexation, therefor, Ordinance No. 3200 New Series, which
was adopted February 15, 1989, an Initial Study was conducted and
it was determined that the proposed project would not have a sig-
nificant effect on the environment. A Negative Declaration was
prepared and posted on December 2, 1988.
7. That the laws and regulations relating to the prepa-
ration 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.
8. That the territory proposed for annexation as
described herein has been determined to be uninhabited pursuant
%o the Cortese-Knox Local Government Reorganization Act of 1985,
Section 56046 of the Government Code.
9. 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
Arthur J. Saalfield
City Attorney
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
10. 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 ___ March 1, 1989 , by
the following vote:
AYES: COU#CILMEMBERS: CHILDS. OeM{:IND, SMITH, PATTY, P~'~qSON, McOERMOT[
NOES: COUNCILMEMgERS; None
ABSENT: COUNCICMEMBERS: N6ne
~STAtNINO: COU~L~E~BERS: None .:
C~TY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED March i~ 1989
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form::
....
CITY ATTORNEY o~ t~e City of Bakersfield
AJS/meg
Attachments
Exhibit "A"
Exhibit "B"
Exhibit "C"
A ANEX 5
AP.ALLNi.1
2/21/89
- 3 -
EXHIBIT "A"
ANNEXATION NO. 331
ALLEN ROAD NO. 1
A parcel of land situated in the County of Kern, State of California, being
a portion of Sections 25, 26, 35 and 36, Township 29 Sc~th, Range 26 East
and Sections 30 and 31, Township 29 South, Range 27 East, M.D.B. & M., more
particularly described as follows:
Beginning at a point of intersection of the South line of Section 36 and
the West line of the Southeast quarter of the Southeast quarter of Section
36, said point being on the Corporate Boundary of the City of Bakersfield;
Thence (1) Westerly along said South line, a distance of 3959.14 feet more
or less, to a point of intersection of the West line of said Section 36 and
the South line of said Section 36, said point of intersection also being on
the Corporate Boundary of the City of Bakersfield;
Thence (2) Westerly along the South line of Southeast quarter of Section 35, a
distance of 55 feet more or less, to the West line of the East 55 feet of said
Southeast quarter of Section 35, said South line also being on the Corporate
Boundary of the City of Bakersfield;
Thence (3) Northerly along the said West line of the East 55 feet of Southeast
quarter of Section 35 as shown in Tract 36~9 recorded in Book 28 of Maps, Page
138 on January 22, 1979 and Tract 3620 recorded in Book 30 of maps, Page 186
on March 12, 1981, a distance of 1649.87 feet more or less, to the North
boundary line of Tract 3619, said West line also being the West right of way
line of Allen Road;
Thence (4) Easterly along said North boundary line of Tract 3619, a distance
of 25 feet more or less, to the West line of the East 30 feet of the Southeast
quarter of Section 35, said West line also being the West right of way line of
Allen Road (County Road 67);
Thence (5) Northerly along said West line a distance of 989.77 feet more or
less, to the North line of the said Southeast quarter of Section 35;
Thence (6) continuing Northerly along the West line of the East 30 feet of the
Northeast quarter of Section 35, a distance of 1649.85 feet more or less, to
the South Boundary line of Tract 3248 recorded in Book 22 of Maps, Page 59 on
October 19, 1971;
Thence (7) Westerly along said South boundary line a distance of 25 feet more
or less, to the West line of the East 55 feet of the Northeast quarter of
Section 35;
Thence (8) Northerly along said West line and Northerly prolongation thereof,
a distance of 1009.96 feet more or less, to the North line of the South 20
feet of the Southeast quarter of Section 26, said North line also being the
North right of way line of Brimhall Road;
Thence (9) Easterly along said North line a distance of 25 feet more or less,
to the West line of the East 30 feet of the Southeast quarter of Section 26,
said West line also being the West right of way line of Allen Road;
Thence (10) Northerly along said West line a distance of 1328.86 feet more
or less, to the Westerly prolongation of the South boundary line of Tract
3902 recorded in Book 27 of Maps, Page 192 on April 25, 1978;
Thence (11) Easterly along said Westerly prolongation a distance of 85 feet
more or less, to the East line of the West 55 feet of the Southwest quarter of
25, said East line also being the East right of way line of Allen Road;
Thence (12) continuing Easterly along the South boundary line of Tract 3902
and the South line of Lot 21 and East half of Lot 22 of the "Sales Map of
Lands of J.B. Haggin recorded on August 20, 1890, a distance of 2551.96 feet
more or less, to the West boundary line of Tract 4274 recorded in Book 34 of
Maps, Page 18 on November 6, 1984, said South boundary line and South line
also being the North line of Lots 25, 26, 27 and 28 of said "Sales Map";
Thence (13) continuing Easterly along South boundary line of said Tract 4274
and Tract 4908 recorded in Book 27 of Maps, Page 192 on April 25, 1978, a
distance of 1339.92 feet mo~ or less, to the East line of the West 20 feet
of said Tract 4908;
Thence (14) Northerly along said East line, a distance of 1275.01 feet more
or less, to the South line of the North 45 feet of the Southeast quarter of
Section 25, said South line also being the South right of way line of Palm
Avenue;
Thence (15) Easterly along said South line, a distance of 570.56 feet more
or less, to East line of Lot 4 of said Tract 4908;
Thence (16) Northerly along Northerly prolongation of the said East line of
Lot 4, a distance of 15 feet more or less, to the South line of the North 30
feet of the Southeast quarter of Section 25; said South line also being the
South right of way line of PalmAvenue (Co. Rd. No. 828);
Thence (17) Easterly along said South line, a distance of 341.91 feet more or
less, to the Northerly prolongation of the West line of Lot 3 of Tract 4908;
Thence (18) Southerly along said Northerly prolongation, a distance of 15 feet
more or less, to the South line of the North 45 feet of the Southeast quarter
of Section 25;
Thence (19) Easterly along said South line, a distance of 387.53 feet more or
less, to the East line of the Southeast quarter of Section 25, said East line
also being the centerline of Jewetta Avenue (County Road No. 589);
Thence (20) Easterly along the South line of the North 45 feet of the Southwest
quarter of Section 30, a distance of 30 feet more or less, to the East line of
the West 30 feet of the Southwest quarter of said Section 30, said East line
also being the East right of way line of said Jewetta Avenue;
Thence (21) Southerly along the said East line, a distance of 2264.78 feet more
or less, to the North line of the South half of the South half of the Southwest
quarter of the Southwest quarter of Section 30;
4:EX.ALLRDP2
Thence (22) Easterly along said North line, a distance of 1279.58 feet more or
less, to the West line of the East half of the Southwest quarter of Section 30;
Thence (23) Northerly along said West line, a distance of 447.05 feet more or
less, to the point of intersection on said West line and the North line of the
South 117 feet of the Northwest quarter of the Southwest qua.rter of Section 30;
Thence (24) N. 87° 13' 26" E. along the North boundary line of land deeded to
Michael A. DePetro, recorded in Book 5701, Page 2321 on October 12, 1984 in the
County of Kern, a distance of 675.45 feet more or less, to a point of intersection
of the West line of the East half of the Southeast quarter of the Southwest
quarter of Section 30 and the North line of the South 147 feet of the Northeast
quarter of the said Southeast quarter of the Southwest quarter of Section 30;
Thence (25) Southerly along the said West line, a distance of 777.30 feet more
or less, to the North line of the South 30 feet of the Southwest quarter of
Section 30, said North line also being the North right of way of Brimhall Road
(Co. Rd. No. 589);
Thence (26) Easterly along said North line, a distance of 294 feet more or less,
to the West boundary line of Parcel Map No. 716 as recorded in Book 4 of Parcel
Maps at Page 89 on January 10, 1973;
Thence (27)
or less, to
Section 30;
Northerly along said West boundary line, a distance of 25 feet more
the North line of the South 55 feet of the Southwest quarter of
Thence (28) Easterly along said North line, a distance of 380.83 feet more or
less, to the West line of the Southeast quarter of Section 30;
Thence (29) Southerly along said West line, a distance of 25 feet more or less,
to North line of the South 30 feet of the said Southeast quarter of Section 30;
Thence (30) Easterly along said North line, a distance of 675.08 feet more or
less, to the West boundarly line of Parcel Map No. 2243 as recorded in Book 10
of Parcel Maps at Page 6 on May 2, 1974;
Thence (31)
or less, to
Section 30;
Northerly along said West boundary line, a distance of 25 feet more
the North line of the South 55 feet of the Southeast quarter of
Thence (32) Easterly along said North line, a distance 337.54 feet more or less,
to the East boundary line of Parcel Map No. 2243;
Thence (33)
or less, to
Section 30;
Southerly along said East boundary line, a distance of 25 feet more
the North line of the South 30 feet of the Southeast quarter of
Thence (34) Easterly along said North line, a distance of 150.50 feet more or less,
to West boundary line of Parcel Map No. 7999 as recorded in Book 36 of Parcel
Maps at Page 178 on August 19, 1988;
Thence (35) Northerly along said West boundary line, a distance of 15 feet more
or less, to the North line of the South 45 feet of the Southeast quarter of
Section 30;
4:EX.ALLRDP3
Thence (36) Easterly along said North line, a distance of 187.04 feet more or
less, to the East boundary line of Parcel Map No. 7999;
Thence (37) Southerly along said East boundary line, a distance of 15 feet more
or less, to the North line of the South 30 feet of the Southeast quarter of
Section 30;
Thence (38) Easterly along said North line, a distance of 675.08 feet more or
less, to the Northerly prolongation of West line of Lot 1 of "Sales Map of Land
of J.B. Haggin" in Section 31 recorded on April 20, 1891;
Thence (39) Southerly along said Northerly prolongation and West line of said
Lot 1, a distance of 1349.27 feet more or less, to South line of said Lot 1;
Thence (40) Easterly along said South line, a distance of 620 feet more or less,
to West line of the East 40 feet of the Northeast quarter of Section 31, to a
point on the corporate boundary of the City of Bakersfield;
Thence (41) Southerly and Westerly along various courses of the said corporation
boundary to the point of beginning.
EXCLUDING THEREFROM a parcel. situated in the Southeast quarter of the Southeast
quarter of said Section 25, more particularly described as follows:
Beginning at the intersection of the West line of the East 30 feet of the South-
east quarter of Section 25 and the North line of the South 55 feet of the said
Southeast quarter of Section 25, said intersection being a point in the West
right of way line of Jewetta Avenue and the North right of way line of Brimhall
Road, said intersection also being the True Point of Beginning for this exclusion;
Thence (1) Westerly along said North line, a distance of 629.90 feet more or
less to the West boundary line of Parcel Map No. 4244 as recorded in Book 19
of Parcel Maps at Page 30 on November 2, 1977;
Thence (2) Northerly along said West boundary line a distance of 1265.92 feet
more or less, to the North boundary line of Parcel Map No. 4244;
Thence (3) Easterly along said North boundary line a distance of 629.81 feet
more or less, to the West line of the East 30 feet of the Southeast quarter of
Section 25, said West line also being the West right of way line of Jewetta
Avenue;
Thence (4) Southerly along said West line, a distance of 1264.87 feet more or
less, to the True Point of Beginning for this Exclusion.
Containing 1338.24 acres of land, more or less.
4:EX.ALLRDP4
SEC, ~5
-[ 29 $,
R,26E,
SEC. 30 -K 295. ~L 27 E,
R,~7E,
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SEC, ,36
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?L 26E,
SEC.
SEC, .32
T, 295,
PLAN FOR PROVIDING SERVICES
ANNEXATION NO. 331
(Ar.[.EN ROAD NO. 1)
SERVICES
Planning
Parks and Recreation
Library
Police Protection
Fire Protection
Street
Construction
Maintenance
Sweeping
A~ency Which Presently Check Services Which Indicate How Services Provided
Provides Service City/District Will Provide By City/District will be Financed
(i.e., ~eneral tax rate or special
Upon Future Date assessment.)
Annexation (specify)
County X General Tax Revenue
North Bakersfield
Recreation & Park Distict No Chan~e General Tax Revenue
County No Chan~e General Tax Revenue
County Sheriff X General Tax Revenue
City/County Joint
A~reement No Chan~e General Tax Revenue
County X General Tax Revenue
County and Private Upon Further
Development Development Private Development
County X General and Gas Tax Revenue
.... X General Tax Revenue
Upon Further
.... X Development General Tax Revenue
County X General Tax Revenue
(In portion of Upon
City Territory) X Develo~ment S~ecial Assessment/User Fee
Vaughn Water Co. Upon Further
(North 40 Ac. only) X Develo~nent User Fee
Private Contractor X User Fee
Lighting
Flood Control
Sewerage
Water
Other (REFUSE)
4 :ANNEX331.1 EXHIBIT "C" RTY:wrn
I. Please provide the following information, when applicable, only for services which will be provided by the
Location
Indicate location f--~which service
will be provided (i.e. nearest fire
station, library, etc.)
applicant city.
Police- Ail police services in the City of Bakersfield are administered
through the City Police Department located at the southwest corner of
Truxtun Avenue and Eye Street about 6 miles easterly of the annexation.
Fire- Fire response to this area will be administered from City Fire
Station No. 11 located at 7000 Stockdale Highway and County Station No. 65
located on the northside of Rosedale Highway easterly of Calloway Drive
Parks and Recreation- Upon additional future residential development,
developers shall provide park acreage or pay in-lieu fees in accordance
with adopted standards of the North Bakersfield Recreation and Park
District.
Library- Not applicable.
Streets-
Construction/Maintenance; Sweeping; Lighting: The City Corporation
Yard on Truxtun Avenue, West of Freeway 99 will provide necessary
facilities, personnel and services to accommodate Public Works efforts.
Maintenance and personnel will be dispatched form the City Yard on a
regular basis for preventative maintenance as needed. Repair includes
streets, construction/maintenance, sweeping and lighting.
Sewer-Service to territory will be handled by Buena Vista Trunk System
which is directed to City Wastewater Treatment Plant No. 3
Water-The Easterly portion of the territory is within the service area
of the City of Bakersfield Ashe Water Division and the remaining
portion will be also accepted by Ashe Water Division except for
northerly 40 acre portion now served by the Vaughn Water Co.
REFUSE - Upon annexation, the City will provide collection either
by City forces or by contract with any present contracted
collector if possible.
Other:
Service Level Capacity
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 i~m~diate
vicinity of this annexation. First priority
response is approximately 7.00 minutes or less.
Fire protection is provided on a 24-hour basis
and the annexation will not affect City/County
joint fire service capability or response tlr
District parks are open to the public at
reasonable hours.
Not applicable
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."
Adequate capacity exists.
Adequate capacity exists.
City refuse pick up is twice a week.
4:ANNEX331.2 (2) RTY:wrn
III.
What effects, if any, ~ould annexation of this territ~ f have on the
existing level of city/district services (i.e., need for additional emer-
gency service personnel or construction of new facilities, etc. )? The
annexation of this territory will not affect near term level or
capability of the City to provide needed services. When future develop-
ment occurs in this territory, additional city police officers will be
required to maintain the current city level of service. Street improve-
mmnts resulting fr~n future development will increase the maintenance
responsibility of the city but will 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/distruct or residents be respolsible for financing? The City will
not require any upgrading or change in facilities in the territory for
annexation. As development occurs, developers shall provide and pay for
major improvements and facilities and dedicate them to the city.
Indicate and explain existing zoning in affected territory. The majority
of the territory is presently zoned A (Exclusive Agriculture) in the
County. The Northerly 40 + Acre pgrtion containing Tract No. 4908 and the
11 acre portion lying in the East ~ of the Southwest ~ of Section 30 are
zoned E. (~). R S (Estate ~ Acre,) in the County. The 8 acre portion lying
in the West ~of the Southwest ~of Section 30 is zoned E (10) (Estate-10
Acres) in the County the portion lying in the North ~ of the north ~ of
Section 31 is zoned A-1 (Exclusive Agriculture) 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 40 + Acre portion containing Tract No.
4908; The 19 acre portion lying Northeast of Brimhall Road and Jewetta
Avenue; and the 40 + acre portion lying in the Northeast corner of the
territory are prezoned city R-S (Residential Suburban) zone. The remaining
1194 + Acres are prezoned A-20A (Agricultural Twenty-Acre minimum lot size)
zone. The City pre-zoning designations are compatible with and are intended
to accomodate existing land uses.
4 :ANNEX331.3 -3-
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 cut~nity facilities, etc. City police should be able to
respond in a more timely manner than the present County Sheriff and State
Highway Patrol. Current City police standard is a higher sworn officer
per 1,00 population percentage compared to the County standard. Refuse
service provided by the City will result in savings to lot owners. There
will be no special assessments or charges for street sweeping, leaf
collection, school crossing guards, street lighting energy costs and fire
hydrants.
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 area equals
1.150542% of assessed market value for the portion of the territory lying
north of Brimhall Raod and 1.186626% for remaining portion. This repre-
sents the total property tax rate. When annexed, a designated percentage
of the total tax of the area will accrue to the City. (Rate as shown on
1988-89 County Auditor-Controller Tax Rate List).
Be
Would effected area be subject to any bonded indebtedness of the
city/district: If so, explain. Yes, the tax rate for City bonds equals
0.004613% of assessed market value. When annexed, the total tax rate
will be 1.155155% for portion of the territory lying north of Brimhall
Road and 1.191239% for the remaining portion. (Rates as shown on
1988-89 County Auditor-Controller Tax Rate List).
Ce
How will the difference in tax rates affect a house with a market value
of $50,000.00? The yearly tax rate would increase by the amount of $2.31
on a house of $50,000 market value due to inclusion of the City Bond
Rate.
4 :ANNF~331.4 -4- RTY: wrn