HomeMy WebLinkAboutRES NO 111-08RESOLUTION NO. l 11- ~ 8
A RESOLUTION OF APPLICATION PROPOSING
PROCEEDINGS FOR ANNEXATION OF TERRITORY TO
THE CITY OF BAKERSFIELD AS ANNEXATION NO. 600
LOCATED ON THE EAST AND WEST SIDE OF SOUTH H
STREET, GENERALLY WEST OF MONITOR STREET AND
NORTH OF TAFT HIGHWAY. (WARD 7).
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 east and west
side of South H Street, generally west of Monitor Street and north of Taft Highway; 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 east and west side of South H Street, generally west of
Monitor Street and north of Taft Highway.
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 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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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 JUL 1 6 2008 ,
by the following vote:
YES'
ES: /~
COUNCILMEMBER CARSON, BE HAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER Vl°.DYl.f1
ABSTAIN: COUNCILMEMBER v~_gy\~,
ABSENT: COUNCILMEMBER I/~17Y~~
APPROVED JUL 1 6
HARVEY L-HALL
MAYOR of the City of Bake
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Cler f the
Council of the City of Bakersfield
By:
EXHIBITS: A -Legal Description
B -Map
C -Plan for Services
D - Notice of Exemption
DL:dc
S:\Annexation\Res of Applic\ROA 08\ROA 600.doc
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EXHIBIT'~A"
SOUTH H STREET NO.1
ANNEXATION NO. b00
TO THE CITY OF BAKERSFIELD
Those portions of land located in the South half of Section 31, Township 30 South,
Range 28 East, the North half of Section 6, Township 31 South, Range 28 East, the
Northeast quarter of Section 1, Township 31 South, Range 27 East, and the Southeast
quarter of Section 36, Township 30 South, Range 27 East, Mount Diablo Base and
Meridian, in the County of Kern, State of California, more particularly described as
follows:
Commencing at the Southwest corner of said Section 31, said point also being the
centerline intersection of Taft Highway, State Route VI KER 119 (County Road No. 5,
25, and 2387) and South "H" Street (County Road No. 15 and 140); thence North
00°36'53" East, along West section line of said Section 31 and center line of South "H"
Stmt (County Road No. 15 and 140), a distance of 1308.b0 feet, to the Northwest corner
of Parcel Map No. 9570, filed for record on October 16,1992 in Book 44 of Parcel Maps,
at Page 128, filed in the Office of the Kern County Recorder, said Northwest corner also
being the TRUE FOINT OF BEGINNING;
Thence along the following two (2) courses of the North line said Parcel Map 9570:
Thence (1) South 89°29'07" E, a distance of 55.00 feet, to a point on the East right of
way of said South "H" Street (County Road No. 15 and 140);
Thence (2) South 89°29'07" East, a distance of 1861.34 feet;
Thence (3) continuing South 89°29'07" East, along the Easterly prolongation of the
said North line of Parcel Map No. 9570, a distance of 40.00 feet, to the
East right of way of Melville Street;
Thence (4) South 00°30'53" West, along the East right of way of Melville Street, a
distance of 119.00 feet, to a comer on the said North line of Parcel Map
No. 9570;
Thence along the following four (4) courses of said North line of Parcel Map 9570:
Thence (5) South 00°30'53" West, along the East right of way of Melville Street, a
distance of 3b.00 feet;
Thence (b) South 89°29'07" East, a distance of 270.00 feet, said point also being the
West right of way of Millfort Street;
Thence (7) North 00°30'53" East, along said West line, a distance of 155.00 feet;
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Thence (8) South 89°29'07" East, a distance of 557.09 feet, to the Mid Section line of
said Section 32, point also being the center line of Shannon Drive;
Thence {9) continuing South 89°29'07" East, along Easterly prolongation of said
North line of Parcel Map 9570, a distance of 45.00 feet, to the East right of
way of Shannon Drive;
Thence (10) South 00°35'58" West, along the East right of way of Shannon Drive, a
distance of 793.01 fete
Thence (11) departing the East right of way of Shannon Drive South 89°50'54" West,
along the North boundary of Parcel Map No. 4903, filed for record on
November 21,1978 in Book 21 of Parcel Maps, at Page 164 in the Office
of the Kern County Recorder, a distance of 45.00 feet, to a point on the
East line of Parcel Map 9570, point also being the center line of Shannon
Drive;
Thence (12) South 00°35'58" West, along the East line of Parcel Map No. 9570, and
center line of Shannon Drive, a distance of 482.50 feet, to the North right
of way line of Taft Highway (County Road No. 5, 25, and 2387);
Thence (13) South 89°32' 17" East, along said Narth right of way of Taft Highway
(County Road No. 5, 25, and 2387), a distance of 20.00 feet;
Thencc (14) South 00°35'58" West, along the Northerly prolongation of the East right
of way of Chevalier Road (County Road No. 704), a distance of 30.00
feet, to a point on the South section line of said Section 31 also being the
center line of said Taft Highway (County Road No. ZS and 2387);
Thence (15) South 00°35'58" West, continuing along said the Northerly prolongation
of said East right of way right of Chevalier Road (County Road No. 704),
a distance of 30.00 feet;
Thence (16} North 89°32' 17" West, along said South right of way of Taft Highway
(County Road No. 5, 25, and 2387), a distance of 2124.00 feet, to the
beginning of a curve, concave Southeasterly having a radius of 20.00 feet;
Thence (17) Southwesterly along said curve through a central angle of 89°39'24" an
arc distance of 31.30 feet, to a point on the East right of way of Southland
Court;
Thence (18) North 89°46'01" West, a distance of 60.00 feet, to the West right of way
of Southland Court, and the beginning of anon-tangent curve concave
Southwesterly having a radius of 20.00 feet, radial through said curve
bears North 89° 11'41" West;
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Thence (19) Northwesterly along said curve through a central angle of 90°20'36" an
arc distance of 31.54 feet, to the South right of way of said Taft Highway
(County Road No. 5, 25, and 2387);
Thence (20) North 89°32' 17" West, along the said South right of way of Taft Highway
(County Road No. 5, 25, and 2387), a distance of 202.39 feet, to a point on
the East line of Parcel 2 of Parcel Map 8893, filed for record on January
13, 1989 in Book 37 of Parcel Maps at Page 125, in said Office of the
Kern County Recorder;
Thence (21) South 00°48' 19" West, along said East line, a distance of 555.01', to the
Southeast corner of said Parcel 2 of Parcel Map 8893;
Thence (22) North 89°32' 17" West, along the South line of said Parcel 2 of Parcel
Map 8893, a distance of 232.13 feet, point also being the Northwest corner
of Parcel Map 10094, filed for record on September 19, 1994 in Book 46
of Parcel Maps at Page 180 in said Office of the Kern County Recorder,
Thence {23) South 00°4$' 19" West, along the West boundary line of Parcel 1 of said
Parcel Map 10094, a distance of 715.26 feet, to the Southwest corner of
said Parcel 1;
Thence (24) North 89°31'51" West, along the Westerly prolongation of the south line
of Parcel 1 of Parcel Map 10094, a distance of 115.00 feet, to the East
right of way of said South "H" Street (County Road No. 15 and 140);
Thence (25) continuing North 89°31'51" West, along said Westerly prolongation of the
south line of Parcel 1 of Parcel Map 10094, a distance of 30.00 feet, to a
point on the East section line of said Section 1 also being the center line of
said South "H" Street (County Road No. 15 and 140);
Thence (26) continuing North 89°31'51" West, along said Westerly prolongation of the
south line of Parcel 1 of Parcel Map 10094, a distance of 30.01 feet, to the
West right of way of said South "H" Street (County Road No. 15 and
140);
Thence (27) South 00°47'22" West, along said West right of way of South. "H" Street
(County Road No. 15 and 140), a distance of 97.64 feet to a corner on the
North line of Parce18, described by the Relinquishment of Highway Right
of Way in the County of Kern, Road VI-KER-4-C, Relinquishment No.
71226, filed for record on October 9, 1963 in Book 3652, Page 185, in
said Office of the Kern County Recorder,
Thence (28) North 89° 12'38" West, along said North line of Parcel 8, a distance of
41.91 feet, to the Northwest corner of Parcel 8 and Easterly right of way of
State Highway 99;
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Thence (29) continuing North 89°12'38" West, along the Westerly prolongation of said
North line of Parcel 8, per Relinquishment No. 71226, a distance of
222.98 feet, to the West right of way of said State Highway 99;
Thence along said Westerly right of way of State Highway 99, per State of California,
Department of Public Works, Division of Highways, Plans for
Construction on State Highway Route 99, Sheets 41-42; along the
following twelve (12) courses:
Thence (30) North 14°12'11" West, a distance of 569.53 feet, to the beginning of a
tangent curve concave Westerly having a radius of 2935.00 feet;
Thence (31) Northwesterly along said curve through a central angle of 04°04'08" an
arc distance of 208.43 feet,
Thence (32) North 17° 18' 14" West, a distance of 459.35 feet;
Thence (33) North 43°49'09" West, a distance of 108.99 feet;
Thence (34) North 89°02'42" West, a distance of 122.54 feet;
Thence (35) South 53°1$'30" West, a distance of 88.41 feet, to the East right of way of
Compagnoni Street;
Thence (35) North 89°02'42" West, a distance of 60.00 feet, to the West right of way
of said Compagnoni Street;
Thence (37) North 34°21'49" West, a distance of 56.18 feet;
Thence (38) North 80°54'55" West, a distance of 70.71 feet;
Thence {39) North 89°02'42" West, a distance of 212.45 feet;
Thence (40) North 00°47' 13" East, a distance of 30.00 feet, to a point on the North
section line of said Section 1, also being the center line of Taft Highway
(County Road No. 5, 25, and 2387);
Thence (41) North 00°35'23" East, a distance of 117.40 feet, to a point on said
Westerly right of way of State Highway 99;
Thence (42) continuing North 00°35' 23" East, along the West boundary of the property
described by Grant Deed filed for record on July 29, 2005, Document
Number 0205200835, a distance of 212.60 feet;
Thence (43) South 89°02'42" East, a distance of 300.00 feet;
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Thence (44) South 00°36'23" West, a distance of 3.66 feet, to said West right of way
of State Highway 99;
Thence along said Westerly right of way of State Highway 99, per State of California,
Department of Public Works, Division of Highways, Plans for
Construction on State Highway Route 99, Sheet 42, along the following
six (6) courses:
Thence (45) North 29°32' 16" East, a distance of 364.95 feet;
Thence (46) North 15°42'29" East, a distance of 99.03 feet;
Thence (47) North 02°08'08" East, a distance of 134.24 feet;
Thence (48) North 08°39' 14" West, a distance of 451.48 feet;
Thence (49) North 08°39' 14" West, a distance of 390.12 feet;
Thence (50) North 11°31'00" West, a distance of 282.86 feet;
Thence (51) South 89°06'38" East, a distance of 194.54 feet, to the East right of way
line of said State Highway 99;
Thence (52) continuing South 89°06'38" East, along the North property line of the
property described by Grant Deed filed for record on March 10, 2004,
Document Number 0204053359, a distance of 786.1$ feet, to the West
right of way line of South "H" Street (County Road No. 15 and 140);
Thence (53) South 00°36'53" West, along said West right of way of South "H" Street
(County Road No. 15 and 140), a distance of 675.55 feet, to the Westerly
prolongation of the North line of Parcel Map No. 9570, filed for record on
October 16, 1992 in Book 44 of Parcel Maps, at Page 128 in the Office of
the Kern County Recorder;
Thence (54) South 89°29'07" East, along said Westerly prolongation of said North line
of Parcel Map No. 9570, a distance of 30.W feet, to the East section line
of said Section 36, also being the center line of South "H" Street (County
Road No. 15 and 140), and the TRUE POINT OF BEGINNING.
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CHECKED by ,~,,i, ., ~.' ~~)~y+`,~,
Containing 152.74 Acres KERN COUNTY S//URVEYORS OFFICE ,~:~'~5W` ' ~t~i1~~,~ -.
Date !E%3 G O ~ ,~v ~ ~ ~'~~
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1. 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 personae{ or construction of new facilities,
etc)? The annexation of this territory will have minima effect on the near term level ar capability
2. Would cfty/district require any upgrading or change in facilities to serve affected territory (roads,
fire hydrants, mains, etc.): If so, would city/district Qr developer be responsible for financing? fQ
If any additional development occurs. the developer provides and pays for major facilities and
dedicates them to the Citv No upgrading or chance in facilities will be required in the territory for
annexation.
3. Indicate and explain existing zoning in affected territory. Coun zoned the affected area as A
(Agriculture). C-2 (Commercia)l. and E (Estate One Family Dwelling 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 Citv has
adopted County zoning with Ordinance No 3819 keening the .urrQr,t ~nninrr as A (Agriculture)
C-2 (Commercia)l. and E (Estate One Family Dwelling Zone.
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. Po ice
should be able to respond in a more timely manner than present County Sheriff services Parcels
wiLhln the incorporated area are allowed to connect to available Citv sewer system lines The
pteserit Citv 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 enerav costs and fire hydrants when located within the City's incorporated area
Cftv 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 area tax rates are (061-0061 1.0895239'0. (081-0181
0000094°k (074-0181 1 124462°6 and (074 018)1 124462% of the assessed market value This
Date).
7. Would affected area be subject to any bonded indebtedness of the city/district?: If so, explain.
No the Citv bounded indebtedness has been paid off and the current tax rate list shows no GlIY
bonded indebtedness.
8. 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.
9. Is the proposed area subject to a W illiamson Act Contract? No. the existing annexation area is
not subject to a Williamson Act Contract.
S:IANNEXATIONIANNEX 6001EXHIBIT C.DOC
3
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EXHIBHT "D"
NOTICE OF EXEMPTION Appendix I
TO: _ Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
X County Clerk, County of Kern
1115 Truxtun Avenue
Bakersfield, CA 93301
FROM: City of Bakersfield
Development Services Department-Planning Div.
1715 Chester Avenue
Bakersfield, CA 93301
Project Title: Annexation of land to the Citv of Bakersfield known as Annexation No 600 South H Street No 1
Project Location-Specific: Located on the east and west side of South H Street generally west of Monitor Street and north of
Tab Hitihwav. The proiect site consists of 152 74 acres of undeveloped land
Project Location-City: Bakersfield Project Location-County: Kern
Description of Project: Annexation of undeveloped land to the. City of Bakersfield.
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: The proposal is to annex uninhabited land into the City of Bakersfield There are no chanties
in land use or zoninti proposed for the area The entire 152 74 acres of land have been prezoned b t~ itv of Bakersfield The
proposal is to annex the land to receive city services Since the proposal is a chance of jurisdiction only it can be seen with
certainty that there is no possibility that the annexation of the property would have a sitinificant effect on the environment
Lead Agency: City of Bakersfield
Contact Person: Marc Gauthier, Principal Planner Area Code/Telephone/Extension: (661) 326-3733
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a notice of exemption been filed by the public agency approving the project?
Yes X No
Signature:
X Signed by Lead Agency
Date: July 17, 2008 Title: Assistant Planner
Signed by Applicant
S:\Annexation\NoExemption\NOE 600.doc
Date received for filing at OPR
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