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HomeMy WebLinkAboutRES NO 010-05RESOLUTION NOP '~ 0 .. 0:~ A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD AS ANNEXATION NO. 471 LOCATED AT THE NORTHWEST CORNER OF ALLEN ROAD AND KRATZMEYER ROAD. (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 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 City of Bakersfield agrees to annex the territory located west of Calloway Drive, south of Seventh Standard Road into the City, and WHEREAS, the City has agreed to serve the territory upon annexation; and WHEREAS, the property owner of the territory has 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: 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 comer of Allen Road and Kratzmeyer Road. 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. 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. ORiGiNAL 8. 9. 11. That the roasons for the proposed change of organization aro 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. 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. 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. That the territory proposed for annexation as described herein has been determined to be uninhabited pursuant to Section 56046 of the Government Code. That the territory proposed for annexation as described herein has been determined to have 100% of property owners consenting to annexation. That the territory proposed for annexation as described herein is within the City of Bakersfield Sphere of Influence Boundary. 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. 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 Virginia Gennaro City Attomey City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 2 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 5300 Lennox Street, Suite 303, Bakersfield, California 93309. 3 O~IGINAL 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 .lAW 1_ ~ 20[~5 , by the following vote: A~E-~ ~ COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER NOES: COUNClLMEMBER ABSTAIN: COUNClLMEMBER ABSENT: COUNClLMEMBER APPROVED PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Clerk/of the Council of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attomey EXHIBITS: A Legal Description B Map C Plan for Services MO:dji December 17, 2004 S:~Annexation\Res of Applic~,nn471.roa.doc 4 ORIGINAL EXHIBIT "A" ALLEN ROAD No. 12 ANNEXATION No. 471 That parcel of land being portions of Sections 11 and 12, Township 29 South, Range 26 East, Mount Diablo Base & Meridian, County of Kern, State of California and more particularly described as follows: Commencing at a point on the east line of said Section 11 being the southeast corner of Lot 16 of Sales Map of Lands of Kern County Land Company filed for record January 19, 189t, in the Office of the Kern County Recorder, also being the point of intersection of the center lines of Allen Road (County Road No. 67 & 843) and Olive Drive (County Road No. 67), said corner position being monumented and including derived California Coordinate System Zone 5 coordinates of 2,341,021.367 feet North and 6,220,367.014 feet East (N.A.D. 83); Thence South 89 degrees 18 minutes 22 seconds East along the center line of said Olive Drive, 30.00 feet to a point of intersection with the east line of the west 30 feet of said section 12; Thence North 00 degrees 44 minutes 35 seconds East along last said east line, a distance of 29.98 feet to a point on the north right of way line of said Olive Drive (County Road No. 67), also being the southwest corner of City of Bakersfield Annexation No. 438 (Allen Road No. 7), an angle point on the corporate boundary line of the City of Bakersfield and the Point of Beginning; Thence 1) Departing last said Corporate boundary line North 89 degrees 16 minutes 29 seconds West along the north right of way line of said Kratzmeyer Road (and the easterly prolongation thereof) a distance of 2672.03 feet to a point on the west line of Sales Map Lot No. 13 of the aforesaid Sales Map; Thence 2) North 00 degrees 44 minutes 50 seconds East along last said Sales Map Lot west line a distance of 1291.18 feet to the northwest corner of last said Sales Map Lot and a point on the north line common to Sales Map Lots 12 through16 inclusive, of said Sales Map of Lands of Kern County Land Company; Thence 3) South 89 degrees 16 minutes 53 seconds East along last said north line (and the easterly prolongation thereof), a distance of 2671.93 feet to the east line of the west 30 feet of said section 12 and also a point on the existing corporate boundary of the City of Bakersfield; Thence 4) South 00 degrees 44 minutes 35 seconds West along last said east line and said corporate boundary line a distance of 1291.49 feet to the Point of Beginning. Containing 79.21 acres CHECKED by KERN COUNTY SURVEYORS OFFICE Date {?..~Ot~'- O¢ z~ z~ O0 7.~ 7< .1- X m~m 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, additional police officers would possibly be required to maintain the current level of city service. The planned residential development includin.q public streets or municipal facilities within the territory will increase thu future maintenance responsibility of the City but should not affect the existinq 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? No, if any additional development occurs, the developer provides and pays for maior facilities and dedicates them to the City. No upqradin.q or chanqe in facilities will be required in the territory fo~ annexation. Indicate and explain existing zoning in affected territory. The territory is presently zoned A (Exclusive ARriculture) Zone. 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 correspondinq City A (Aqriculture) Zone. The prezoninq is consistent with the Metropolitan Bakersfield 2010 General Plan desiqnation. However, the owners and thu city have initiated a General Plan Amendment to chanqe the City Zonin~q to R-1 (One Family Dwellinq) 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 services. Parcels within the incorporated area are allowed to connect to available City sewer system lines. Thu present City refuse collection rate is substantially lower than fees county residents now pay tu independent companies. No special assessments or charqes for street sweepinq, leaf collection, street liqhtinq enerqy costs and fire hydrants when located within the City's incorporated area. City qovernment 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 existinq tax rate in the area equals 1.100518% of assessed market value This represents the total property tax rate. When annexed a desiqnated percentaqe of the total property tax of the area will accrue to the City and remainder to the County for providinq health care and social services. {Rate as shown on 2004-2005 County Auditor-Controllers 2004 Lien Date) Would affected area be subject to any bonded indebtedness of the city/district?: If so, explain. No, the last listed (2003-2004) City bounded indebtedness has been paid off and the current (2004-2005) tax rate list shows no city bonded indebtedness How will the difference in tax rates affect a property with a market value of $50,00000? The property rate will not increase due to annexation and re-assessment will not occur due to annexation. Is the proposed area subject to a Williamson Act Contract? _Yes. The proposed area is currently under a Williamson Act Contract. Property owner(s) filed for non-renewal effective 12-31-2002 with the contract due to expire 12-31 2011 Y:~ANNEXATIONbAnnex 471\Exhibit C.DOC 3 OR,,~,NAL