HomeMy WebLinkAboutRES NO 130-08RESOLUTION NO. 13 O '" O H
A RESOLUTION OF APPLICATION PROPOSING
PROCEEDINGS FOR ANNEXATION OF TERRITORY TO
THE CITY OF BAKERSFIELD AS ANNEXATION N0.594
LOCATED ON THE WEST SIDE OF COTTONWOOD
ROAD, BETWEEN EAST FAIRVIEW ROAD AND EAST
PANAMA LANE. (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 west side of
Cottonwood Road, between East Fairview Road and East Panama Lane; 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:
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 one the west side of Cottonwood Road, between East Fairview Road and
East Panama Lane.
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, the City
prepared the adopted environmental document in accordance with State CEQA
guidelines and will use the environmental document for the proposed prezoning and
annexation.
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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 AUG 2 0 nnA
by the following vote:
AYE
N ES:
ABSTAIN
ABSENT:
~JE I ~Z HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER COUC CARSON, BENHAM,
COUNCILMEMBER V1~4
COUNCILMEMBER_~.Q,
COUNCILMEMBER Inm
APPROVED AUG ,2 0 20118
HARVEY L. HALL
MAYOR of the City of Bakersfield
a. A
EXHIBITS: A Legal Description
B Map
C Plan for Services
PAMELA A. McCARTHY,
CITY CLERK and Ex Offici Jerk of the
Council of the City of Bakersfield
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APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
EXHIBIT "A"
"COTTONWOOD No. 3"
ANNEXATION No. 594
TO THE CITY OF BAKERSFIELD
Those portions of land located in the Southeast'/a of Section 20, Southwest 1/a of Section
21, Northwest '/ of Section 28, and the Northeast '/a of Section 29, Township 30 South,
Range 28 East, Mount Diablo Base and Meridian, in the County of Kern, State of
California, more particularly described as follows:
Commencing at the Southeast corner of said Section 20, said point also being the
centerline intersection of East Panama Lane (County Road No. 266) and Cottonwood
Road (County Road No. 18 & 36); thence South 00°29'29" West, along the East line of
said Section 29, said East line also being the centerline of said Cottonwood Road (County
Road No. 18 & 36), a distance of 30.00 feet, to a point of intersection with the Easterly
prolongation of the Southerly right of way of said East Panama Lane (County Road No.
266) ,said point also being the TRUE POINT OF BEGINNING;
Thence (1) North 89°31'28" West, along said Easterly prolongation of the Southerly
right of way of East Panama Lane (County Road No. 266), a distance of
33.00 feet, to a point on the Westerly right of way of said Cottonwood
Road (County Road No. 18 & 36) and the existing City Corporate
Boundary;
Thence (2) North 00°29'29" East, along said existing City Corporate Boundary, a
distance of 30.00 feet, to a point on the Southerly section of said Section
20, also being a point on said centerline of East Panama Lane (County
Road No. 266);
Thence (3) North 00°24' 19" East, along said existing City Corporate Boundary, a
distance of 30.00 feet, to a point on the Northerly right of way of said East
Panama Lane (County Road No. 266);
Thence (4) North 89°31'28" West, along said Northerly right of way of East Panama
Lane (County Road No. 266), a distance of 1633.77 feet, to a point on the
west line of Parcel 4 of Parcel Map 11250, filed for record on December
29, 2006, in Parcel Map Book 55, at Page 102, in the Office of the Kern
County Recorder;
Thence (5) North 03°41'25" East, along said West line of Parcel 4, a distance of
823.59 feet;
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Thence (6) continuing along said West line of Parcel 4, North 04°50'38" West, a
distance of 470.74 feet, to the Northwest corner of said Parcel 4;
Thence (7) South 89°30'55" East, along the North line of said Parcel 4, a distance of
1662.64 feet, to a point on said centerline of Cottonwood Road (County
Road No. 18 & 36);
Thence (8) South 89°30'55" East, along the Easterly prolongation of said North line
of Parcel 4, a distance of 33.00 feet, to a point of the Easterly right of way
of said Cottonwood Road (County Road No. 18 & 36), point also being
the Northeast corner of said Parcel 4 of Parcel Map 11250;
Thence (9) departing the existing City Corporate Boundary, South 00°24' 19" West,
along said Easterly right of way of Cottonwood Road (County Road No.
18 & 36), a distance of 1320.73 feet, to a point on the North section line of
said Section 28 and said centerline of East Panama Lane (County Road
No. 266);
Thence (10) South 00°29'29" West, along the Northerly prolongation of said Easterly
right of way of Cottonwood Road (County Road No. 18 & 36), a distance
of 30.00 feet, to a point on said Southerly right of way of East Panama
Lane (County Road No. 266);
Thence (11) North 89°31'28"West, along said Southerly right of way of East Panama
Lane (County Road No. 266), a distance of 33.00 feet, to the TRUE
POINT OF BEGINNING.
Containing 49.74 Acers
END OF DESCRIPTION
CHECKED by
KERN COUNTY SURVEYORS OFFICE
Date ?~~'
Approved i; i
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~. 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 territnrv ~m -s.,o m:.,:_.,~ _~__. __ ..
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 or developer be responsible for financing?
Private development provides and pavs f r major facilities and dedicates t m to the Cdv No if
any additional development occur he developer provides and Deus form or facilties and
dedicates them to the Cltv No upgrading or change In facilities well be required in the territory for
annexation
3. Indicate and explain existing zoning in affected territory. County zoned the territory A (Exclusive
Agriculture) 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
adopted Ordinance No. 4463 to change the prezonina from City A (A ricuftur) to R 1
Family Dwelling)
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. i P li g
should be able to respond in a more timely manner than present County Sheriff services Parcels
WI In th@ InCOronrated area are fllln...e.d a,. ,,.._..__.._ ____,._.. ~..
6. Please provide the following information relative to city/district and county taxes:
List existing tax rate(s) in area. The existing tax rate in the area 1074-012) equals 1 1244629yo of
assessed market value This represents the total property tax rate When annexed a designated
percentage of the royal nrnruartu fav „s tie .,.........~~ ____.._ ._ .. ....
7. Would affected area be subject to any bonded indebtedness of the city/district?: If so, explain.
No. the City bounded indebtedness has been paid off and the current 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,OOp.pO?
The oropertv rate will not increase due to annexation and re rise m twill not occur due to
annexatwn.
9. Is the proposed area subject to a Williamson Act Contract? No, the existing annexation area is
not subject to a Williamson a~+ contract
S:WNNEXATlONIAnnex 505\f~chibit C.DOC
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