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HomeMy WebLinkAboutRES NO 097-08RESOLUTION NO. O 9 7 ' Q A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD AS ANNEXATION NO. 580 LOCATED ON THE NORTH SIDE OF ELCIA DRIVE, BETWEEN STATE HIGHWAY 99 AND SOUTH REAL ROAD. (WARD 1) 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 on the north side of Elcia Drive, between State Highway 99 and South Real Road; 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" for the project attached hereto and made a part of this resolution as though fully set forth herein, located on the north side of Elcia Drive, between State Highway 99 and South Real 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 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 was adopted by the City Council and an environmental document for the annexation is determined to be adequate for the annexation proposal. T ~., r_!. c? C7 6 7 8 9 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. 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. ------- -000-------- ;~~rC~9 2 `` =~~ ~=, r c> O 1. `!':~hi~l~a''.ti_ 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 JUN ~ 5 ?I?LB by the following vote: / ~ ~// ~// AYES COUNCILMEMBER: CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCR VI NER S: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: D'In.Q_. ABSENT: COUNCILMEMBER: ~~ ~. PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Clerk of Council of the City of Bakersfield APPROVED JUN 2 5 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney e, of »- 1 EXHIBITS: A -Legal Description B -Map C -Plan for Services 3 ~' `•~ f,\ ('~' ~ 7 ~1 ~... -> r., i:~€=..C~irdlll. EXHIBIT "A" Legal Description Annexation No. 580 To The City Of Bakersfield That portion of the south half of the north half of the southeast quarter of the northeast quarter of the northeast quarter of Section 2, Township 30 South, Rang 27 East, Mount Diablo Meridian, in the unincorporated area of the County of Kern, State of California, according to the official plat thereof lying within the following described parcel: Commencing at southwest corner of said northeast quarter of the northeast quarter, being monumented with a concrete monument per Filed Map No. 7-1, Book 6, Page 131 in the office of the County Surveyor of said County; Thence S. 88°45'05" E., along the south line of said northeast quarter of the northeast quarter, 999.67 feet; Thence N. 2°49'08" W. 278.75 feet; Thence N. 1°19'27" W. 58.33 feet to a point on the south line of said south half and the true point of beginning, also being a point on the existing City of Bakersfield corporate boundary line; 1. Thence departing said corporate boundary line N. 88°49'49" W., along said south line of the said south half, 319.37 feet to a point on the west line of the east half of said northeast quarter of the northeast quarter; 2. Thence N. 0°36'17" E., along said west side, 140.57 feet to a corner on said corporate boundary line; 3. Thence continuing N. 0°36'17" E., along said corporate boundary line and said west side, 27.40 feet to a point on the north line of said south half; 4. Thence S. 88°52'11" E., along said corporate boundary line and said north line, 289.27 feet to a point on a curve the center of which bears S. 62°57' 15" W. 350.00 feet; ~,PK~~; tj ~^, r=- <_~ c, l'E~i(~~;Nr"~.. 5. Thence southeasterly along said curve, continuing along said corporate boundary line, 72.12 feet through a central angle of 11 °48'20"; 6. Thence S. 1 ° 19'27" E., continuing along said corporate boundary line, 1 Ol .64 feet to the point of beginning. Containing 1.20 acres, more or less. Approved by: ~~~ Date: ~/I(v t~~L Jeffery A. French Civil Engineer CHEC~4~D by ~ ~~~`~/~~~o ~'F2~~~ ~C~RN COUNTS' SURV~Y{;;~5 QFFICE t > ~~~ _ ~~~ o. CE 17366 D$lE' ~/-~~~1:.Y.~._ * Exp. 6-30-09 ~ F+pK.iioti'E'.(~ ~;f s~gTF~FCAUF~~a\P ~~ 2 c'v~K~ ~^ ~., ~; r- ~_ (_; ~,', is-j(`~ i ,I l_ ~i,~a{-.-- ~~A~~ ~ ~r~ A 4qq ~~a~~ AdA Y ~8~~ ~$yG ~T[rR ~~~~~ €~Rq'q y?~8G ~~n ~q~ q~q ~~~ rqS q~q ~i ~S q r~i y~ nq ' F. I ~ "gY' s'T / - --- - f REAL ROAD ----~----- I-- Iz,u.vr ~~~• , ~ ly Imm• xl~ snm I qy ~ 1 ~ ~ I 2t~ I , ~ ~ ~ ~ _ .- -~ ~ ffin ~ p ~ aq ~ 1 ~ I ~ 1 :~ I °y ~ ~ I~ ^~ I ~ a ~~ I ~ ~ h l I R R R I ~ I / ~ I ~ ~ 1 I / ~ ~ i~ I I q I q I ~ I sl , m ~ ~ I a1 I I 1I .______.i 84 I v . I ~ i ~ I .______ I I II `` $ ~ \ I ~1 `T I xaru'JIT ~ I ~ ' I ~ ~\r-r. -R ~. __.___ _ ~1 ~ I __ \ O I C ~l ~ ' t w 0 E I °n-I / ~ F I ~~ I m ~ ~~ a ~ z m~^~i2 ~ : S ;~z~ ..~i (~~ ~ au N ~ Z ~ a ~ I~ ~ S vR I ~ ~ -- --- q ~ - . . 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Qoc° ~pC ~co •$c~ =F-~ s I Y g Z.. ~ rn~ x~ 30°' ~Z O ~ ~~ W~U~ ~~ c~ c3 u,c~ '~~ ~ Z~~~ ~o $'~ at mom o~ H ~ ~:~ a Co o~ .~U~ c~ .r w _ N ~ V c~ ~ W to U~ O3E.S NW E3 m O L m V N O Q f- ~~ (~ C m~ ~ O ~~ Ci p W ~ c '~ ~ a ~ ~ c ~ ~ p~~,~~ 3 ¢~ ~~ ~ m N P,KF ~~. ~: ~ - to ~- r- ? C_) 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 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. 2. Would city/district require any upgrading or change in facilities to serve affected territory (roads, fire hydrants, mains, etc.): If so, would city/district Q residents be responsible for financing? Private development provides and pays for major #acilities and dedicates them to the City. No upgrading or change in facilities will be reaulred in the territory for annexation. 3. Indicate and explain existing zoning in affected territory. County zoned the territory R-2 (Multiple Family Dwellings). 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 has adopted Ordinance No. 4434 changing the zoning to C-1 (Neighborhood Commercial). 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. it P li should be able to respond in a more timely manner than present County Sheriff services. Parcels within the incorporated area are albwed to connect to available City sewer system lines The present Cftv 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 1.157390°~ (Tax Rate Area County Auditor-Controllers 2007 Lien Date). 7. 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. 8. How will the difference in tax rates affect a property with a market value of $50,000.00? The pro~rty rate will not increase due to annexation and re-assessment will not occur due to g-nnexation. 9. Is the proposed area subject to a Williamson Act Contract? No, the proposed area is not subject to the Williamson Act Contract. llsanpublpubwkslsublSHAREDIANNEXATIONIANNEX 580\Exhibit C 580.DOC ~~(;K:,~ (I l l \~ i~-_ ~ c> U~;c,ir~r,; ,