HomeMy WebLinkAboutRES NO 099-05RESOLUTION NO.0 9 9 - 0 5
A RESOLUTION OF APPLICATION PROPOSING
PROCEEDINGS FOR ANNEXATION OF TERRITORY TO
THE CITY OF BAKERSFIELD AS ANNEXATION NO. 493
LOCATED WEST OF ALLEN ROAD, SOUTH OF THE
KERN RIVER. (WARD 5).
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 adjacent to the City of Bakersfield limits;
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 Allen Road,
generally south of the Kern River 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 to the City of
Bakersfield; 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 west of Allen Road, generally south of the Kem River.
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 t°
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, the City will
be preparing an Environmental Impact Report in accordance with State CEQA
guidelines and will use the Environmental Impact Report for the proposed prezoning
and the annexation.
8.
9.
10.
11.
That the laws and regulations relating to the preparation and adoption of the
environmental document as set forth in the California Environmental Quality Act will
be 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 Attorney
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
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.
2
......... 000 ........
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council
of the Cty of Bakersfield at a regular meeting thereof held on M~¥ "~ '~ ~J}~ ,
by the following vote:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCiLMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNClLMEMBER
PAMELA A. McCARTHY, Crv~./
CITY CLERK and Ex Officio CYerk of the
Council of the City of Bakersfield
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
EXHIBITS:
A Legal Description
B Map
C Plan for Services
MO:dji
Aprii 28, 2005
S:V~nexation'~Res of Applic~ann493.roa.doc
3
EXHIBIT "A"
ALLEN ROAD NO. 13
CITY OF BAKERSFIELD ANNEXATION NO. 493
LEGAL DESCRIPTION
BEING ALL THAT PORTION OF SECTIONS 2, 3, 10, 11, 14 AND 15, TOWNSHIP 30 SOUTH,
RANGE 26 EAST, M.D.M., COUNTY OF KERN, STATE OF CALIFORNIA, BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 11, SAID POINT BEING ON
THE CITY OF BAKERSFIELD CORPORATE BOUNDARY; THENCE ALONG THE
FOLLOWING TWENTY-SIX (26) COURSES:
1) SOUTH 01°14'42" WEST, CONTINUING ALONG SAID CORPORATE BOUNDARY
AND ALONG THE EAST LINE OF SAID SECTION 11, A DISTANCE OF 5,352.71 FEET
TO THE SOUTHEAST CORNER OF SAID SECTION 11, SAID POINT ALSO BEING
THE NORTHEAST CORNER OF SAID SECTION 14; THENCE
2) SOUTH 00°56'51" WEST, CONTINUING ALONG SAID CORPORATE BOUNDARY
AND ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION
14, A DISTANCE OF 2,641.20 FEET TO THE EAST QUARTER CORNER OF SAID
SECTION 14; THENCE
3) SOUTH 00°57'10" WEST, CONTINUING ALONG SAID CORPORATE BOUNDARY
AND ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION
14, A DISTANCE OF 2,641.21 FEET TO THE SOUTHEAST CORNER OF SAID
SECTION 14; THENCE
4) DEPARTING SAID CORPORATE BOUNDARY, NORTH 89°21'54" WEST, ALONG THE
SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14, A DISTANCE
OF 2,638.88 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 14;
THENCE
5) NORTH 89°21'26'' WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 14, A DISTANCE OF 2639.49 FEET TO THE
SOUTHWEST CORNER OF SAID SECTION 14; THENCE
6) NORTH 00°55'14" EAST, ALONG THE WEST LINE OF THE SOUTHWEST QUARTER
OF SAID SECTION 14, A DISTANCE OF 2641.64 FEET TO THE WEST QUARTER
CORNER OF SAID SECTION 14; THENCE
7) NORTH 00°54'45" EAST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER
OF SAID SECTION 14, A DISTANCE OF 863.32 FEET TO THE BEGINNING OF A
NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF
3,105.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS NORTH 49°33'14"
EAST, SAID POINT ALSO BEING ON THE WESTERLY LINE OF THE WEST
BELTWAY ALIGNMENT AS ADOPTED BY THE CITY OF BAKERSFIELD CITY
COUNCIL BY RESOLUTION NO. 043-04 ON FEBRUARY 25, 2004; THENCE
8) NORTHWESTERLY ALONG SAID CURVE AND ALONG SAID WESTERLY LINE,
THROUGH A CENTRAL ANGLE OF 15°13'33", AN ARC DISTANCE OF 825.13 FEET;
THENCE
9) NORTH 25°13'13" WEST, CONTINUING ALONG SAID WESTERLY LINE, A
DISTANCE OF 5,277.18 FEET TO THE BEGINNING OF A CURVE, CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 3,105.00 FEET; THENCE
10)NORTHWESTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID
WESTERLY LINE, THROUGH A CENTRAL ANGLE OF 06°30'40", AN ARC DISTANCE
Q:~ROJECTS~81111 ~LEGALS\I 111ANNEX0 I.DOC JIM 3~/2005
EXHIBIT
A! LEN ROAD NO. 13
CITY OF BAKERSFIELD ANNEXATION NO. 493
LEGAL DESCRIPTION.
(CONTINUED)
OF 352.85 FEET TO A POINT ON THE EXISTING CITY OF BAKERSFIELD
CORPORATE BOUNDARY; THENCE
11)DEPARTING SAID WESTERLY LINE, SOUTH 89°24'41" EAST, ALONG SAID
CORPORATE BOUNDARY, A DISTANCE OF 301.03 FEET; THENCE
12) NORTH 01°08'18" EAST, CONTINUING ALONG SAID CORPORATE BOUNDARY, A
DISTANCE OF 1,327.82 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION
10; THENCE
13) SOUTH 89024'32" EAST, CONTINUING ALONG SAID CORPORATE BOUNDARY AND
ALONG THE NORTH LINE OF SAID SECTION 10, A DISTANCE OF 229.90 FEET;
THENCE
14)DEPARTING SAID NORTH LINE, NORTH 38°43'22" EAST, CONTINUING ALONG
SAID CORPORATE BOUNDARY, A DISTANCE OF 931.00 FEET; THENCE
15) NORTH 17°23'22" EAST, CONTINUING ALONG SAID CORPORATE BOUNDARY, A
DISTANCE OF 264.00 FEET; THENCE
16) NORTH 30°13'22" EAST, CONTINUING ALONG SAID CORPORATE BOUNDARY, A
DISTANCE OF 461.50 FEET; THENCE
17)NORTH 56°33'22" EAST, CONTINUING ALONG SAID CORPORATE BOUNDARY, A
DISTANCE OF 249.40 FEET; THENCE
18) NORTH 82°58'22" EAST, CONTINUING ALONG SAID CORPORATE BOUNDARY, A
DISTANCE OF 810.40 FEET; THENCE
19) SOUTH 82°11'38" EAST, CONTINUING ALONG SAID CORPORATE BOUNDARY, A
DISTANCE OF 518.00 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 2;
THENCE
20)SOUTH 00055'33" WEST, CONTINUING ALONG SAiD CORPORATE BOUNDARY
AND ALONG SAID WEST LINE, A DISTANCE OF 106.19 FEET; THENCE
21) DEPARTING SAID WEST LINE, SOUTH 70°26'10" EAST, CONTINUING ALONG SAID
CORPORATE BOUNDARY, A DISTANCE OF 897.05 FEET; THENCE
22)SOUTH 89°59'04" EAST, CONTINUING ALONG SAID CORPORATE BOUNDARY, A
DISTANCE OF 1,797.04 FEET; THENCE
23) NORTH 59°07'29" EAST, CONTINUING ALONG SAID CORPORATE BOUNDARY, A
DISTANCE OF 1,092.18 FEET; THENCE
24) SOUTH 89°47'02" EAST, CONTINUING ALONG SAID CORPORATE BOUNDARY, A
DISTANCE OF 340.22 FEET; THENCE
25) NORTH 84°37'04" EAST, CONTINUING ALONG SAID CORPORATE BOUNDARY, A
DISTANCE OF 1,382.46 FEET TO A POINT ON THE EAST LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 2; THENCE
26)SOUTH 00°34'27" WEST, CONTINUING ALONG SAID CORPORATE BOUNDARY
AND ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF
1,870.04 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,813.08 ACRES, MORE OR LESS.
CHECKED by
t(ER,"I COUlqTY SUF(VEYORS OFFIGE
! App~,ved by
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What effects, if any, would annexation of this territory have on the existing level of city/district
services (ie., 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 development
including public streets or municipal facilities within the territory will increase the future
maintenance responsibility of the City but should not affect the ex st ng 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 developers be responsible for financing?
No. if any additional development occursI the developer provides and pays for major facilities and
dedicates them to the City. No up¢lradinq or chanqe in facilities will be required in the territory for
annexation.
Indicate and explain existing zoning in affected territory. The territory is presently zoned County A
(Exclusive A¢lriculture) Zone, FPP (Floodplain-primary), FPS (Floodplain-secondary), and GH
(Geologic Hazard Combininq).
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 correspondinq to City A (A¢lriculture) Zone and City FP-P {Floodplain
Primary) 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. The
present City refuse collection rate is substantially lower than fees county residents now pay to
independent companies. No special assessments or charges for street sweeping, leaf collection,
street liqhtin~ enerqy costs and fire hydrants when located within the City's incorporated 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 existing tax rates in the area equal 1.073464% (TRA 061-
001) and 1.102676 (TRA 061-027) of assessed market value. This represents the total property
tax rate. When annexed a desiqnated 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 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 $50,000.00?
The prpperty 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? No, the existing annexation area is
not subiect to a Williamson Act Contract.
Y:tANNEXATIONtAnnex 493\Exhibit C DOC