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HomeMy WebLinkAboutRES NO 103-01RESOLUTION NO. I 0 8 - 0 I A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD AS ANNEXATION NO. 427 LOCATED AT THE SOUTHEAST CORNER OF OLIVE DRIVE AND ALLEN ROAD (WARD 4) WHEREAS, the Planning Commission of the City of Bakersfield, in accordance with the provisions of Section 65353 of the Government Code, held a public hearing on MONDAY, DECEMBER 15, 1997, and THURSDAY, DECEMBER 18, 1997, on the prezoning for the territory, notice of the time and place of hearing having been given at least twenty (20) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, by Resolution No. 110-97 on December 18, 1997, the Planning Commission recommended approval and adoption of the prezoning by this Council and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution; and 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, some of the property owners have agreed to annex to the City; and WHEREAS, the City has agreed to serve the property upon annexation; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that it hereby finds and determines as follows: 1. 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 at the southeast corner of Olive Drive and Allen 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 propo~.;.~ to be annexed. 5. That for this proposed annexation and the prezoning therefor, Ordinance No. 3819, which was adopted January 28, 1998, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment. A Negative Declaration was prepared and posted on November 7, 1997. 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 inhabited pursuant to Section 56046 of the Government Code. 8. That the territory proposed for annexation as described herein has been determined to have the majority 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 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 Bart Thiltgen City Attorney City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 11. 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 2700 "M" Street, Suite 302, Bakersfield, California 93301. ......... o0o ........ 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 18 Z00!, by the following vote: COUNCILMEMBER.~oAReON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNClLMEMBER COUNClLMEMBER COUNCILMEMBER~x,~.~(/k,--,' CITY CLERK and Ex Offici(~Clerk of the Council of the City of Bakersfield APPROVED, JUL 18 2001 HAI~VEY L.~-IALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney MO:pah June 2~, 2001 S:'~Aanexation~*N N427.ROA.wpd EXHIBIT "A" "ALLEN ROAD NO. 5" ANNEXATION NO. 427 That parcel of land being a portion of Section 12, Township 29 South, Range 26 East, M.D.M., County of Kern, State of California, more particularly described as follows: Commencing at the west 1/4 comer of said Section 12, also being the point of intersection of the center lines of Allen Road (Co. Rd. No. 67) and Olive Drive (Co. Rd. No. 67 & 843), said point being a monumented 1/4 corner and calculated to be 2,341,021.367 feet North and 6,220,367.014 feet East per California Coordinate System (N.A.D. 83), Zone 5; Thence S 00© 44' 23" W, along the west line of said Section 12, a distance of 680.00 feet to intersect the south boundary line of Tract No. 5831- Unit 1 per map filed in Book 45 of Maps, Page 117, in the Office of the Kern County Recorder; Thence S 89© 18' 22" E, along said south boundary line, 51.04 feet to intersect the east line of the additional right of way for Allen Road per said Tract No. 5831 - Unit 1, said point also being on the boundary line of"Area 1" of proposed Annexation No. 425 (to the City of Bakersfield) and is the TRUE POINT OF BEGINNING; Thence (1) N 02© 26' 13" E, along said Allen Road right of way line, 336.38 feet; Thence (2) N 00© 44' 23" E, along said right of way line (and'prolongation thereof), 373.78 feet to intersect the north right of way line of Olive Drive (Co. Rd. No. 67); Thence (3) S 89© 18' 22" E, along said north right of way line, 1346.14 feet to intersect the west line of Parcel "C" of Lot Line Adjustment No. 122-99 per Certificate of Compliance filed as Document No. 200120365, Official Records in the Office of the Kern County Recorder, said point also being on the boundary line of proposed Annexation No. 422. Thence (4) S 00© 44' 36" W, along the west line of said Parcel "C" (and southerly prolongation thereof), 60.00 feet to intersect the south right of way line of Olive Drive (Co. Rd. No. 67), said point also being on the boundary line of"Area 1" of said proposed Annexation No. 425; Thence (5) N 89© 18' 22" W, along said south right of way line, 4.17 feet to intersect the east boundary line of said Tract No. 5831 - Unit 1; Thence along the boundary line of Tract No. 5831 - Unit I (and boundary of said proposed Annexation No. 425) for courses (6) through (13) as follows: GSGROUPDATxRon~Annex 427 Exh A.wpd Thence (6) S 00° 41' 38" W, 115.36 feet; Thence (7) S 43© 12' 02" E, 46.63 feet to a point on a 50.00 foot radius non-tangent curve, concave easterly, to which point a radial line bears N 43© 12' 02" W, 46.63 feet; Thence (8) southerly along said curve through a central angle of 92© 12' 39" an arc distance of 80.47 feet; Thence (9) S 44© 35' 18" W, 46.63 feet; Thence (10) S 00© 41' 38" W, 85.36 feet; Thence (11) N 89© 18' 22" W, 83.00 feet; Thence (12) S 00© 41' 38" W, 310.00 feet; Thence (13) N 89© 18' 22" W, 1269.44 feet to the TRUE POINT OF BEGINNING. Containing 21.39 acres (more or less) G:\GROUPDAT~Ron~Annex 427 Exh A.wpd 2 T.29S. R.26E. PROPO$£O ~#N£X~TION (21.$9 Ac. ) ~ SN0W~,v~v ~ ~ ~o. ~.~ ROAD I ~ ~ c(~ c(a) I 'c~c~ ' c(o) ~ ~ 59. ~~~ I ~H ~ I,,.'~.o REINA ROAD ~ OOUNTY q~ ,o~ ,, ~ ,, 2 ,~ ;, "~ ~"~ ~ ] "ALLEN ROAD NO. 5" EXHIBIT "B" ANNEXATION NO, 4~1 ..=o.~.. ,. Ci~ OF BAKERSFIELD ,. --. , *~ .*G~ CALl FORN IA ANNEXATION NO. 427 (ALLEN ROAD NO. 5) PLAN FOR PROVIDING SERVICES SERVICES Agency Which Presently Provides Check Services Which City/District Indicate How Services Provided By Service Will Provide City/District will be Financed (i.e., general tax rote or special assessment.) Upon Future Date Annexation (specify) Planning COUNTY CITY GENERAL TAX REVENUES Parks and Recreation NORTH BAKERSFIELD GENERAL TAX REVENUES RECREATION & PARK DIST. Library COUNTY N/A Police Protection SHERIFF & HIGHWAY PATROL CITY GENERAL TAX REVENUES Fire Protection COUNTY COUNTY (SEE PAGE 2) GENERAL TAX REVENUES, FIRE FUND Street COUNTY CITY GENERAL AND GAS TAX REVENUES Construction BY PRIVATE DEVELOPMENT Maintenance COUNTY CITY GENERAL AND GAS TAX REVENUES Sweeping CITY GENERAL AND GAS TAX REVENUES Lighting CITY GENERAL TAX REVENUES Flood Control COUNTY CITY GENERAL TAX REVENUES Sewerage NORTH OF THE RIVER USER FEE & PRVT. DVMT. SANITARY DISTRICT Water VAUGHN WATER SERVICE CO. USER FEE Other (REFUSE) PRIVATE CITY USER FEE G:\GROUPDATOegaI~200 Bannx427 EXHIBIT "C" 1. Please provide the following information, when applicable, only for service which will be provided by the applicant city. Location Indicate location from which service will be provided (i.e. nearest fire station, library, etc.) POLICE-All police services in the City of Bakersfield are administered through the City Police Department located at the s/w comer of Tmxtun Avenue and Eye Street approximately 9 miles southeast of the annexation. FIRE-Service will be provided by County Station No. 65 located at the Northeast comer of Calloway Drive and Rosedale Highway pursuant to exchange wherein County protects certain property within the City's jurisdiction. Thus, the City does incur the cost of providing fire protection and the fire fund collected from the City's taxpayers must be transferred to the County. PARKS AND RECREATION - The annexation project is within the jurisdiction of the North Bakersfield Recreation and Park District and is subject to all adopted requirements and standards of the district. LIBRARY-N/A STREETS-The City Corporation yard on Truxtun Avenue west Fwy. 99 will provide necessary facilities, personnel and services to accommodate Public Works efforts. CONSTRUCTION/MAINTENANCE/SWEEPING/LIGHTING-Maintenance and personnel will be dispatched from the City Yard on a regular basis for preventative maintenance as needed. Repair includes streets, constructed/maintenance, sweeping and lighting when located within the City's right of way. SEWER-The territory can be served by the existing City trunk sewer line in Jewetta Avenue at Reina Road which was constructed as part of the City's northerly extension of the "Judkins" mmk sewer system and is directed to City Wastowater Treatment Plant No. 3. WATER-The territory is being served by the Vaughn Water Service Company and no change will occur upon annexation. OTHER-(Refuse)-When annexed, service will be provided by the City either by City forces or by contracts with a franchise refuse collector. Service Level Capacity Indicate frequency and availability of service (i.e., street sweeping, response time for emergency services, rec. programs, etc. 24 hour patrol is provided in the immediate vicinity of this annexation. First priority response is approximately 7.00 minutes or less. Fire protection is provided on a 24-hour basis. The annexation will not affect City or County Fire service capability or response time. Existing neighborhood Parks (City and County) are open to the public at reasonable hours. N/A There will be no reduction in the range capacity of the City to provide the necessary public work services to this area. Services will be on a regular basis and "as needed". Adequate capacity exists. Adequate capacity exists. City refuse pickup is twice a week. IlL IV. 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 not affect the near term level or capability of the City to provide needed services. At the time of full build-out, additional police officers may be required to maintain the current level of city service. The development of public streets and 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 residents be responsible for financing? Private development 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. The territory is being developed for single family Indicate and explain existing zoning in affected territory. The st~biect territory is presently zoned County E (Estate) Zone which allows suburban single family residential occupancy on estate-size lots. Vi. VII. 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 prezoned the corresponding County estate lots to City E (Estate One Family Dwelling) Zone which allows single-family residential occupancy on 10,000 sq. ft. minimum size lots. 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. 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'h incorporated area. City government also provides increased political representation for the residents within the corporate limits. 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 equals 1.104910% of assessed market value. This represents the total property tax rate. 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 2000-2001 County Auditor-Controller Tax Rate List). Would affected area be subject to any bonded indebtedness of the city/district: If so, explain. No, the last listed { 1992-93) City bounded indebtedness has been paid offand the current {2000-2001 ) 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. RECORDING REQUESTED BY and for the benefit of the CITY OF BAKERSFIELD James W. Fitch Assessor—Recorder Kern County Official Aiecor0s ee..MeE a the Iqu.0 Df Public TELFORDT 1110212005 9:19 AM D o c n: 0205305320 Sat Types: 1 Pages: 1 WHEN RECORDED MAIL TO: it IIIII'lllllllllllllllllllllllllll Texas; 0.00 CITY OF BAKERSFIELD others 0.00 CITY CLERK PAID $0.00 1501 TRUXTUN AVENUE BAKERSFIELD, CA 93301 NOTICE OF COMPLETION _ r�F' P �S XC) D� AND ACCEPTANCE OF WORK (Work Within Public Right -of -Way) NOTICE IS GIVEN that work was completed on that certain project known as TRACT 5831 UNIT 1 for the undersigTed agqenc on SEPTEMBER 23 2005, located SOUTH OF OLIVE DRIVE, EAST 00 ALLEN ROAD AND WESTYOF OLD FARM ROA6, and that said project was accepted by this aggency on OCTOBER 25, 2005. The undersigned agency owns the following interest in said property Uascribed above: right-of-way and public improvements within the right-of-way. to said contract number on all cc agency is City Hall, 1501 Truxtun I declare under penalty of perjury, under the laws of the State of California, that the contents herein are true and correct to the best of my knowledge. Executed on October 25, 2005, at Bakersfield, California. Public Works Director CITY OF BAKERSFIELD A led By ayor G ViROVPDATCammw,ionlYOL@WSiR X31 -13s ORIGINAL