HomeMy WebLinkAboutRES NO 192-06RESOLUTION NO. 192-06
A RESOLUTION OF APPLICATION PROPOSING
PROCEEDINGS FOR ANNEXATION OF TERRITORY TO
THE CITY OF BAKERSFIELD AS ANNEXATION NO. 531
LOCATED NORTH OF STOCKDALE HIGHWAY,
GENERALLY WEST OF RENFRO ROAD. (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 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 north of Stockdale
Highway, generally west of Renfro Road; and
WHEREAS, the City has purchased this territory for the Westside Parkway Project; and
WHEREAS, the City has agreed to serve and maintain the territory upon annexation; and
WHEREAS, the City as property owner 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" for
the project attached hereto and made a part of this resolution as though fully set
forth herein, located north of Stockdale Highway, generally west of Renfro Road.
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 - 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 City of
Bakersfield needs to annex the territory for the Westside Parkway, a future freeway
project.
5. That for this proposed annexation territory and the prezoning therefore was adopted
by the City Council and the Notice of Exemption for the annexation is determined to
be adequate for the annexation proposal.
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6. 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.
7. That the territory proposed for annexation as described herein has been determined
to be uninhabited pursuant to Section 56046 of the Government Code.
8. That the territory proposed for annexation as described herein has been determined
to have 100% of property owners consenting to annexation.
9. That the territory proposed for annexation as described herein is within the City of
Bakersfield Sphere of Influence Boundary.
10. 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.
11. 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.
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ORIGINA®
--------- 000 - - - - - --
I HEREBY CERTIFY that the foregoing Resolution was passed and adopt d e Council
of the City of Bakersfield at a regular meeting thereof held on JUL 1
by the following vote:
` -A1FE& COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
NOES: COUNCILMEMBER
COUNCILMEMBER
ABSENT: COUNCILMEMBER 14
PAMELA A. McCARTHY, C
CITY CLERK and Ex Officio lerk of the
APPROVED
JUL 1 9 2UDS Council of the City of Bakersfield
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
EXHIBITS: A - Legal Description
B - Map
C - Plan for Services
D - Notice of Exemption
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ORIGINAL
By:
EXHIBITS: A - Legal Description
B - Map
C - Plan for Services
D - Notice of Exemption
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ORIGINAL
EXHIBIT "A"
WESTSIDE PARKWAY NO.1
ANNEXATION NO. 531
TO THE CITY OF BAKERSFIELD
A parcel of land being portions of the South half of Section 34, Township 29 South,
Range 26 East, Mount Diablo Base and Meridian, in the County of Kem, State of
California, more particularly described as follows:
Conunencing at the Southwest comer of said Section 34, said point being the intersection
of the centerlines of Heath Road (Country Road No. 177 and 2030) and Stockdale
Highway (County Road No. 696); thence South 89 028'09" East, along the South line of
said Section 34 and centerline of Stockdale Highway, a distance of 79.98 feet; thence
North 00 °31'51" East, a distance of 30.00 feet to the TRUE POINT OF BEGINNING;
Thence (1) North 00 131'51" East, a distance of 40.00 feet, to the South line of Lot 12
of Phase 2 of Tract Map No. 5875, filed for record on August 27, 1999 in
Book 45 of Maps, at Page 39 in the Office of the Kern County Recorder,
Thence (2) South 89 °28' 11" East, along said South line of Lot 12, a distance of 36.25
feet, to the Southwest comer of Lot 11 of said Tract Map No. 5875 Phase
2;
Thence (3) Continuing South 89 °28' 11" East, along the South line of said Lot 11, a
distance of 153.74 feet, to angle point on said South line of Lot 11;
Thence (4) South 84 °42'20" East, continuing along said South line of Lot 11, a
distance of 108.46 feet, to the Southeast comer of said Lot 11;
Thence (5) North 00 °31'51" East, along the East line of said Lot 11, a distance of
15.01 feet, to the Southwest corner of Lot 10 of said Tract Map No. 5875
Phase 2;
Thence (6) South 89128'09" East, along the South line of said Lot 10 of said Tract
Map No. 5875 Phase 2, a distance of 26.80 feet to the beginning of a non-
tangent curve concave Northwesterly having a radius of 2,103.00 feet, and
to which a radial lines bears North 00 °31'51" East;
Thence (7) Northeasterly along said curve and the South lines of Lots 10, 9, 8, 7, 6,
and 5 of said Tract Map No. 5875 Phase 2, through a central angle of
25 057'04 ", an are distance of 952.52 feet, to a point on the East line of
said Tract Map No. 5875 Phase 2;
Page 1 of 3
Thence (8) North 00 °29' 17" East, along said East line of Tract Map No. 5875 Phase
2, a distance of 412.41 feet, to the Northeast corner of said Tract Map No.
5875 Phase 2, said point also being the Southeast comer of Tract Map No.
5875 Phase 1, filed for record on June 23, 1998, in Book 44 of Maps, at
Page 43;
Thence (9) Continuing North 00 °29' 17" East, along the East line of said Tract Map
No. 5875 Phase 1, a distance of 622.04 feet, to the Northeast comer of said
Tract Map No. 5875 Phase 1, said point also being on the South line of
Tract Map No. 5509 Unit B, filed for record on June 23, 1995 in Book 42
of Maps, at Page 10;
Thence (10) Departing last said East line of Tract Map No. 5875 Phase 1, South
89 °28'55" East, along said South line of Tract Map No. 5509 Unit B, a
distance of 663.67 feet, to the Southeast comer of said Tract Map No.
5509 Unit B, said point also being the Southwesterly comer of the
property described by Grant Deed, also known as Westside Parkway Take
342926 -05, filed for record on July 21, 2004, Document No. 0204168814,
O.R.;
Thence (11) North 00 °23'45" East, along the East line of Tract Map No. 5509 Unit B,
and the Westerly line of said grant deed, a distance of 5.22 feet to the
beginning of a non - tangent curve concave Northwesterly having a radius
of 765.74 feet, and to which a radial lines bears North 39 005'27" West;
Thence (12) Departing said East line of Tract Map No. 5509 Unit B, Northeasterly
along said curve and said Westerly line of said grant deed, through a
central angle of 30 °52'39 ", an arc distance of 412.67 feet;
Thence (13) North 20°01'54" East, along said Westerly line of grant deed, a distance
of 713.27 feet, to the beginning of a curve concave Westerly having a
radius of 2,952.76 feet, and to which a radial lines bears North 69 °58'06"
West;
Thence (14) Northeasterly along said curve and said Westerly line, through a central
angle of 06 °18'48 ", an arc distance of 325.36 feet, to the Northwesterly
comer of said grant deed, to the North line of the South half of Section 34,
said point also being on the centerline of Johnson Road (Country Road
No. 1862 and 902);
Thence (15) South 89 °29'37" East, along the North line of said South half of Section
34, and the North line of said grant deed, and also being said centerline of
Johnson Road (Country Road No. 1862 and 902), a distance of 97.28 feet,
to the Northwest comer of the Northwest quarter of the Southeast quarter
of said Section 34, also being a point on the city corporate boundary, and
being the Northeast corner of said grant deed; .
Page 2 of 3
Thence (16) South 00027'13" West, along the West Iine of said Northwest quarter of
the Southeast quarter of Section 34, said Westerly line also being the city
corporate boundary, and the East line of said grant deed, a distance of
1,323.42 feet, to the Southwest corner of said Northwest quarter of the
Southeast quarter of Section 34, said point also being an angle point on the
city corporate boundary;
Thence (17) South 89 129'50" East, along the North line of the Southwest quarter of the
Southeast quarter of Section 34, and being the city corporate boundary, a
distance of 890.22 feet, to the Northeast comer of the property described
by Grant Deed, also known as Westside Parkway Parcel 342926 -03, 04,
filed for record on May 12, 2006, Document No. 0206118908, to a non-
tangent curve concave Southeasterly having a radius of 5,096.48 feet, and
to which a radial lines bears South 23 019'03" East;
Thence (18) Departing said city corporate boundary, along the Southwesterly boundary
of the property described by said Grant Deed Document No. 0206118908,
along said curve with a central angle of 01 °44'49" an arc distance of
155.39 feet, to a compound curve concave Southeasterly having a radius
of 784.40 feet, and to which a radial lines bears South 25 °03'51" East;
Thence (19) Continuing Southwesterly along said curve with a central angle of
37 054'39" an arc distance of 521.00 feet;
Thence (20) South 27 °01'29" West, a distance of 785.58 feet;
Thence (21) South 21 030'40" West, to a point on the West line of the Southwest
quarter of the Southeast quarter of said Section 34, a distance of 90.63
feet;
Vence (22) South 00 °27' 13" West, along the said West line of the Southwest quarter
of the Southeast quarter of Section 34, a distance of 82.00 feet, to a line
30.00 feet North and parallel to the South line of said Section 34, also
being the center line of Stockdale Highway (County Road No. 696);
Thence (23) North 89°28'09" West, along said North line, a distance of 2,571.96 feet
to the TRUE POINT OF BEGINNING.
. CHECKED by �
Containing 60.88 Acres KERN COUNTY SURVEYORS OFFiC
END OF DESCRIPTION Date
Approved by 1-6.69`
9/0 949
Page 3 of 3
9/18/D'7
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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 reauired 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 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 /district or developers 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 upgrading or change in facilities will be required in the territory for
annexation.
Indicate and explain existing zoning in affected territory. County zoned the territory A (Exclusive
Agriculturel) Zone.
4. 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
adopted Ordinance No. 3819. The annexation territory is prezoned A (Agriculture) but the City
acquired this property for right -of -way purposes therefore current prezoning will not change.
5. 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 lighting energy 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.
6. 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 are 1.080212% (Tax Rate Area
116 -002) and 1.105054% (Tax Rate Area 114 -006 and 114 -025) of assessed market value.
These represent the total property tax rates. When annexed a designated 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 2005 -2006 County Auditor - Controllers 2005 Lien
Date).
Would affected area be subject to any bonded indebtedness of the city /district ?: If so, explain.
No, the 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 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? No, the existing annexation area is
not subject to a Williamson Act Contract.
Q:WNNEXATION\Annex 531 \Exhibit C.DOC
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ORIGINAL
EXHIBHT "D"
NOTICE OF EXEMPTION Appendix I
TO: _ Office of Planning and Research FROM: City of Bakersfield
1400 Tenth Street, Room 121 Development Services Department- Planning Div.
Sacramento, CA 95814 1715 Chester Avenue
Bakersfield, CA 93301
X County Clerk, County of Kern
1 1 15 Truxtun Avenue
Bakersfield, CA 93301
Project Title: Westside Parkway No. 1 Annexation 531
Project Location - Specific: Generally located north of Stockdale Highway, west of Renfro Road.
Project Location -City: Bakersfield Project Location - County: Kern
Description of Project: Annexation of territory for the development of and right -of -way purposes for the Westside Parkway.
Name of Public Agency Approving Project: City of Bakersfield.
Name of Person or Agency Carrying Out Project: City of Bakersfield
Exempt Status:
Ministerial (Sec.21080(b)(1); 15268));
Declared Emergency (Sec.21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
X Categorical Exemption. State type and section number. 15061 (b) (3) General Rule Class 1
Statutory Exemptions. State code number.
Reasons why project is exempt: It can be seen with certainty that there is no possibility that the annexation of this territory to
the City of Bakersfield for a roadway would have a significant effect on the environment.
Lead Agency: City of Bakersfield
Contact Person: Marc Gauthier, Principal Planner Area Code /Telephone/Extension: (661) 326 -3733
If tiled by applicant:
Signature:
Attach certified document of exemption finding.
Has a notice of exemption been filed by the public agency approving the project?
Yes X No
X Signed by Lead Agency
Signed by Applicant
S:\Annexation \NoExemption \NOE 541.doc
Date: May 24, 2006 Title: Planning Technician
Date received for filing at OPR:
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