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Home My WebLink AboutRES NO 161-08RESOLUTION NO. ~ 6 1 A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD AS ANNEXATION NO. 591 LOCATED GENERALLY NORTH OF BRIMHALL ROAD, EAST OF RUDD AVENUE, ON THE SOUTH SIDE OF PALM AVENUE (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 generally north of Brimhall Road, east of Rudd Avenue, on the south side of Palm Avenue; 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 generally north of Brimhall Road, east of Rudd Avenue, on the south side of Palm Avenue. 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. o``~AKF~ s ~- ~ ~ ORIGINAL 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. ------- -000- ------ 2 4gAKF9 O' ~'-~ f- m r- c.7 O ORIGINAL 1 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 SEP 1 7 2008 , by the following vote: AYES: S: ABSTAIN ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER h.~lilQ--- , ~ PAMELA A. McCARTHY, CITY CLERK and Ex Offici Jerk of the Council of the City of Bakersfield MAYOR of the City of Bakersfiel a. EXHIBITS: A Legal Description B Map C Plan for Services DL;dc August 6, 2008 S:V\nnexation\Res of Applic\ROA 08\ROA 591 form ND.doc 3 ~gAK~~ o ~T >- m ~- r c~ ORIGINAL "' ~ / ~J2.i ~ , HANSON, SULLIVAN. ScR.tVNEi2. APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney EXHIBIT "A" LEGAL DESCRIPTION "BRIMHALL NO. 14" ANNEXATION N0.591 TO THE CITI~ OF BAKERSFIELD BEING ALL OF THE WEST HALF OF THE SOUTHEAST QUARTER AND A PORTION OF THE EgST HALF OF THE SOUTHWEST QUARTER OF SECTION 27, TOGETHER WITH A PORTION OF SECTION 34, T. 29 S., R. 26 E., M.D.M., IN THE UNINCORPORATED COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF AND MORE PARTICULARLY DES-CRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 27, SAID POINT BEING THE CENTERLINE INTERSECTION OF PALM AVENUE AND RUDD AVENUE; THENCE 1) SOUTH 89°27'31" EAST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER AND THE CENTERLINE OF PALM AVENUE, 1322.92 FEET TO THE EAST LINE OF THE WEST HALF OF SAID SOUTHEAST QUARTER AND THE WEST LINE OF TRACT N0.4997 - UNIT B RECORDED FEBRUARY 28, 1991 IN BOOK 38 OF MAPS AT PAGES 105 THROUGH 107; THENCE 2) SOUTH 00°36'15" WEST ALONG THE EAST LINE OF THE WEST HALF OF SAID SOUTHEAST QUARTER AND THE WEST LINE OF SAID TRACT NO. 4997 - UNIT B AND TRACT 4997 - UNIT A RECORDED DECEMBER 18, 1989 IN BOOK 37 OF MAPS AT PAGE 135 THROUGH 138, A DISTANCE OF 1050.00 FEET TO THE SOUTHWEST CORNER OF SAID TRACT 4997 -UNIT A AND THE NORTHWEST CORNER OF TRACT NO. 5277 RECORDED DECEMBER 28, 1992 IN BQOK 40 OF MAPS AT PAGES 22 AND 23; tHENCE 3) SOUTH Od°35'38° WEST ALONG THE EAST LINE OF THE WEST HALF OP SAID SOUTHEAST QUARTER AND THE WEST LINE OF SAID TRACt NO. 5277, A DISTANCE OF 560.53 FEET TO THE SOUTHWEST CORNER OF SAID TRACT 5277 AND THE NORTHWEST CORNER OF TRACT 3864 RE- CORDEDJUNE 11, 1979 IN BOOK 29 OF MAPS AT PAGE 50 & 51; THENCE 4) SOUTH 00°24'50" WEST ALONG THE EAST LINE OF THE WEST HALF OF SAID SOUTHEAST QUARTER AND TWE WEST LINE OF SAID TRACT 3864 AND ANNEXATION N0.492 "BRIMHALL NO. 11" RECORDED MARCH 2, 2007 AS DOCUMENT N0.0207037206, O.R., 1031.23 FEET TO THE SOUTHEAST CORNER OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SEC- TION 27; THENCE 5) NORTH 89°30'41 WEST ALONG THE SOUTH LINE OF THE WEST HALF OF SAID SOUTHEAST QUARTER, 1302.78 FEET TO THE CENTERLINE OF RUDD AVENUE AND THE BEGINNING OF ANON-TANGENT CURVE CON- CAVE TO THE EAST HAVING A RADIUS OF 14,000 FEET TO WHICH POINT A RADIAL LINE BEARS SOUTH 87°18'51" WEST; O~ 8 F K~9`~-c~ Pale 1 of 2 >-. ~r; t- r v d nRIGINAL THENCE 6) SOUTHERLY ALONG SAID CENTERLINE AND CURVE THROUGH A CEN- TRALANGLE OF 00°05'54" AN ARC LENGTH OF 24.03 FEET; THENCE 7) SOUTH 02°47'03" EAST ALONG SAID CENTERLINE, 46.09 FEET; THENCE 8) NORTH 89°30'24" WEST 70.00 FEET SOUTH OF AND PARALLEL WITH THE CENTERLINE OF BRIMHALL ROAD, 132.33 FEET; THENCE 9) NORTH 00°29'36" EAST, 130.00 FEET TO THE WESTERLY RIGHT-OF-WAY OF RUDD AVENUE; THENCE 10) NORTH 44°03'29" EAST ALONG SAID WESTERLY RIGHT-OF-WAY, 27.57 FEET TO THE BEGINNING OF ANON-TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 14,105.00 FEET TO WHICH POINT A RADIAL LINE BEARS SOUTH 87°39'47" WEST; THENCE 11) NORTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY AND CURVE THROUGH A CENTRAL ANGLE OF 02°55'21" AN ARC LENGTH OF 719.46 FEET; THENCE 12) NORTH 00°35'08" EAST ALONG SAID WESTERLY RIGHT-OF-WAY, 1762.93 FEET; THENCE 13) NORTH 44°26'01" WEST ALONG SAID WESTERLY RIGHT-OF-WAY, 28.27 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF PALM AVENUE; THENCE 14) NORTH 00°32'49" EAST, 61.00 FEET TO THE NORTH LINE OF THE SOUTH- WESTQUARTER OF SECTION 27 AND THE CENTERLINE OF PALM AVE- NUE; THENCE 15) SOUTH 89°2T11" EAST ALONG LAST SAID LINE, 125.04 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS: 86.78 ACRES, MORE OR LESS END OF DESCRIPTION CH~KED~ tly i~EHN COUNT~1$URVEYORS OFFICE Date ~ zv ~b' ~ Approved bye ~l~d ~PKE9 Page 2 of 2 of i5'-c~ rn F- U ORIGINAL i. D m I I l~ I I II D I I IJ m I r I D I m r D ~ = D I i II I D r I I ~ I !~ i r ~' r ____. __ N __.--1 I ~ ' I I III ~ I 1 N ~ O ~ D ` _ D .._ ~~ I I m I N D I ~ N I ''~. D m ~ m S D ~ I ~~ I I I m ~ D I I D I D I I m ~ ~ II N i _. _-. 1. 1 _ m D I D D ~ m D 'I ' I J 1 __ ._- I - J ~ - ;i ~ - ~ ) - I li -- - ~ I I I D ~ I ~ I~ m I' -~ I ~ ~ ~' I ~ ----- - ~ Iii ~ I ~ _~ (~ I I ' D __ I ~ I I D ~ -- r I ~ I,- I i _. I __ D ~ -- D 'D ~ m ~ _. ~- _ -- ~ in I I - _, ~ D. 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Z E ~ CY ~ C ~~.. m ~ Q C ~ ~~E ~IoU°~U ~~~ as v~'a~ U 3g CU N o~~AKF9~' ~ r v Cl 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 Ci 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 streeta or municip}~I facilities within the territory will increase the future maintenance responsibility of the Citv 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 QC developer be responsible for financing? Private development provides and pave for maior facilities and dedicates them to the City. No upgrading or chance in facilities wilt be required in the territory for annexation. 3. Indicate and explain existing zoning in affected territory. The territory is presently zoned as R-S- 5A (Residential Suburban - 5 Acre Minimum) . 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 prezoned the territory as E (Estate One Family Dweilina) per Ordinance 4496. 5. List city/district services tha# area will directly or indirectly benefit from such as decrease in fire insurance rate, shorter emergency response #ime, use of community facilities, etc. Polic 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 Citv 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 ~tnaet liahting energy costs and fire hydrants when located within the City's incorporated area. City aovemment also provides increased political representation for the residents within the goroorate limits. 6. Please provide the following information relative to city/district and county taxes: List existing tax rate(s) in area. The existing tax rate area (116-002) equals 1.071719°k of assessed market value This represents the total orogemr tax rate When annexed a designated percentage of the total properly tax of the area will accrue to the Citv and remainder to the County for providir~ health care and social services. (Rate as shown on 2007-2008 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 Citv bounded indebtedness has been paid off and the current tax rate list shows no Citv bonded endebtedness. 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 Williamson Act Contract? No, the proposed annexation area is not subiect to a Williamson Act Contract. S:WNNEXATIONIANNEX 591 \Exhibit C Annex 591.DOC T }. m 1--- r ORIGINRL