HomeMy WebLinkAboutRES NO 008-10
RESOLUTION NO. 0 0 8 - 10
A RESOLUTION OF APPLICATION PROPOSING
PROCEEDINGS FOR ANNEXATION OF TERRITORY TO
THE CITY OF BAKERSFIELD AS ANNEXATION NO. 623
LOCATED ON THE WEST SIDE OF SANTA FE WAY,
BETWEEN SEVENTH STANDARD ROAD AND
KRATZMEYER ROAD, EAST OF GREELEY ROAD
(FUTURE ALIGNMENT). (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 on the west side of
Santa Fe Way, between Seventh Standard Road and Kratzmeyer Road, east of Greeley Road
(future alignment); 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:
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" for
the project attached hereto and made a part of this resolution as though fully set
forth herein, generally located on the west side of Santa Fe Way, between Seventh
Standard Road and Kratzmeyer Road, east of Greeley Road (future alignment).
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.
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ORIGINAI
5. That for this proposed annexation territory and the prezoning therefore was adopted
by the City Council and the Environmental Document for the annexation is
determined to be adequate for the annexation proposal.
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:
Roberta Gafford
Acting City Clerk
City of Bakersfield
1600 Truxtun Avenue
Bakersfield, CA 93301
Alan Tandy
City Manager
City of Bakersfield
1600 Truxtun Avenue
Bakersfield, CA 93301
Virginia Gennaro
City Attorney
City of Bakersfield
1600 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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ORIGINAL
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 IAN 2 7 2010
by the following vote:
YES) COUNCILMEMBER: CARSON, BEWAM, WEIR, HANSON, SULLIVAN, SCRIVNER
RUE& COUNCILMEMBER:
COUNCILMEMBER: AMM
ABSENT COUNCILMEMBER: j~JLC_
ROBERTA GAFFORD, CM
ACTING CITY CLERK and Ex Officio Clerk of the
APPROVED JAN 2 7 2010 Council of the City of Bakersfield
1 A//
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:
EXHIBITS: A - Legal Description
B - Map
C - Plan for Services
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EXHIBIT "A" * E p,
WEST ROSEDALE ANNEXATION
ANNEXATION NO. 623 FOF CN 0
THAT PARCEL OF LAND IN SECTIONS 4, 5, 8, 9 AND 10 OF TOWNSHIP 29 SOUTH,
RANGE 26 EAST, MOUNT DIABLO BASE AND MERIDIAN, AND IN SECTIONS 31 AND 32
OF TOWNSHIP 28 SOUTH, RANGE 26 EAST, MOUNT DIABLE BASE AND MERIDIAN, IN
THE COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 5, SAID CORNER
BEING A POINT ON THE CENTER LINE OF SEVENTH STANDARD ROAD (COUNTY ROAD
NO. 151), SAID POINT ALSO BEING THE POINT OF BEGINNING;
(1) THENCE, DEPARTING THE NORTHWEST CORNER OF SAID SECTION 5,
ENTERING SAID SECTION 31 NORTH 0°46'56" EAST 30.00 FEET TO THE
NORTH RIGHT-OF-WAY LINE OF SEVENTH STANDARD ROAD;
(2) THENCE, CONTINUING ON AND ALONG THE NORTH RIGHT-OF-WAY
LINE OF SEVENTH STANDARD ROAD SOUTH 89013'04" EAST 2626.64
FEET TO THE EAST LINE OF SAID SECTION 31;
(3) THENCE, CONTINUING ON AND ALONG THE NORTH RIGHT-OF-WAY
LINE OF SEVENTH STANDARD ROAD, ENTERING SAID SECTION 32
SOUTH 89°13'04" EAST 14.53 FEET TO AN ANGLE POINT, FROM WHICH
THE NORTH QUARTER CORNER OF SAID SECTION 5' BEARS SOUTH
0°46'56" WEST AT A DISTANCE OF 30.00 FEET;
(4) THENCE, CONTINUING ON AND ALONG THE NORTH RIGHT-OF-WAY
LINE OF SEVENTH STANDARD ROAD SOUTH 89°11'30" EAST 2651.44
FEET TO THE NORTHEASTERLY LINE OF THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY COMPANY (FORMERLY THE SAN FRANCISCO AND
SAN JOAQUIN VALLEY RAILWAY COMPANY) RIGHT-OF-WAY AS
CONVEYED BY INDENTURE MADE JUNE 30, 1897, FILED IN BOOK OF
DEEDS 73, PAGE 132 IN THE OFFICE OF THE RECORDER OF THE
COUNTY OF KERN;
(5) THENCE, DEPARTING THE NORTH RIGHT-OF-WAY LINE OF SEVENTH
STANDARD ROAD, ON AND ALONG SAID NORTHEASTERLY LINE SOUTH
44°17'22" EAST 42.47 FEET TO THE NORTHWESTERLY CORNER OF
PARCEL "A" AS DESCRIBED IN THE CERTIFICATE OF COMPLIANCE FILED
AS DOCUMENT NO. 0198064190 OF OFFICIAL RECORDS IN THE OFFICE
OF SAID RECORDER, SAID CORNER ALSO LYING ON THE NORTH LINE
OF SAID SECTION 4, SAID NORTH LINE OF SECTION 4 ALSO BEING THE
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CENTERLINE OF SEVENTH STANDARD ROAD, FROM WHICH THE
NORTHWEST CORNER OF SAID SECTION 4 BEARS NORTH 89°13'17"
WEST AT A DISTANCE OF 41.40 FEET;
(6) THENCE, ENTERING SAID SECTION 4, DEPARTING THE CENTER LINE OF
SEVENTH STANDARD ROAD AND THE NORTH LINE OF SAID SECTION 4,
CONTINUING ON AND ALONG SAID NORTHEASTERLY LINE, ON AND
ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL A SOUTH 44°17'22"
EAST 1806.87 FEET TO A POINT ON THE EAST LINE OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 4, SAID POINT ALSO LYING ON THE LINE OF THE EXISTING
LIMITS OF THE CITY OF BAKERSFIELD INCORPORATED INTO SAID CITY
ON JUNE 7, 2007, AS ANNEXATION NO. 499, SNOW NO. 5, RECORDED
AS DOCUMENT NO. 0207121243 OF OFFICIAL RECORDS IN THE OFFICE
OF SAID RECORDER;
(7) THENCE, DEPARTING SAID NORTHEASTERLY AND SOUTHWESTERLY
LINES, ON AND ALONG THE EAST LINE OF THE NORTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SAID SECTION 4 AND THE LINE OF
SAID EXISTING LIMITS SOUTH 0°48'03" WEST 37.88 FEET TO THE
SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 4;
(8) THENCE, DEPARTING THE EAST LINE OF THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER OF SAID SECTION 4, ON AND ALONG THE
SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 4 AND THE LINE OF SAID EXISTING LIMITS
NORTH 89°10'41" WEST 103.68 FEET TO THE SOUTHWESTERLY LINE OF
SAID RAILWAY RIGHT-OF-WAY;
(9) THENCE, DEPARTING THE SOUTH LINE OF THE NORTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SAID SECTION 4, ON AND ALONG
THE SOUTHWESTERLY LINE OF SAID RAILWAY RIGHT-OF-WAY AND THE
LINE OF SAID EXISTING LIMITS SOUTH 44°17'22" EAST 9342.39 FEET
TO THE NORTH RIGHT-OF-WAY LINE OF KRATZMEYER ROAD (COUNTY
ROAD NO. 67);
(10) THENCE, DEPARTING THE SOUTHWESTERLY LINE OF SAID RAILWAY
RIGHT-OF-WAY AND THE LINE OF SAID EXISTING LIMITS, ON AND
ALONG THE NORTH RIGHT-OF-WAY LINE OF KRATZMEYER ROAD NORTH
89°15'18" WEST 2550.20 FEET TO A POINT ON THE EAST LINE OF SAID
SECTION 9 FROM WHICH THE EAST QUARTER CORNER OF SAID
SECTION 9 BEARS SOUTH 0°47'30" WEST AT A DISTANCE OF 30.00
FEET;
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ORIGINAI
(11) THENCE, CONTINUING ON AND ALONG THE NORTH RIGHT-OF-WAY
LINE OF KRATZMEYER ROAD AND ENTERING SAID SECTION 9 NORTH
89°16'37" WEST 5285.60 FEET TO A POINT ON THE EAST LINE OF SAID
SECTION 8 FROM WHICH THE EAST QUARTER CORNER OF SAID
SECTION 8 BEARS SOUTH 0°49'07" WEST AT A DISTANCE OF 30.00
FEET;
(12) THENCE, CONTINUING ON AND ALONG THE NORTH RIGHT-OF-WAY
LINE OF KRATZMEYER ROAD AND ENTERING SAID SECTION 8 NORTH
89°15'12" WEST 30.00 FEET TO A POINT ON THE PROLONGATION OF
THE WEST RIGHT-OF-WAY LINE OF NORD AVENUE (COUNTY ROAD NO.
767);
(13) THENCE, DEPARTING THE NORTH RIGHT-OF-WAY LINE OF KRATZMEYER
ROAD, ON AND ALONG THE PROLONGATION OF THE WEST RIGHT-OF-
WAY LINE OF NORD AVENUE SOUTH 0°49'07" WEST 30.00 FEET TO AN
ANGLE POINT ON THE CENTER LINE OF KRATZMEYER ROAD, FROM
WHICH THE EAST QUARTER CORNER OF SAID SECTION 8 BEARS SOUTH
89°15'12" EAST AT A DISTANCE OF 30.00 FEET;
(14) THENCE, DEPARTING SAID CENTERLINE OF KRATZMEYER ROAD,
CONTINUING ON AND ALONG THE WEST RIGHT-OF-WAY LINE OF NORD
AVENUE SOUTH 0°48'25" WEST 30.00 FEET TO A POINT ON THE SOUTH
RIGHT OF WAY LINE OF KRATZMEYER ROAD;
(15) THENCE, DEPARTING THE WEST RIGHT-OF-WAY LINE OF NORD
AVENUE, ON AND ALONG THE SOUTH RIGHT-OF-WAY LINE OF
KRATZMEYER ROAD NORTH 89°15'12" WEST 3933.51 FEET TO A POINT
ON THE WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER
OF SAID SECTION 8
(16) THENCE, DEPARTING THE SOUTH RIGHT-OF-WAY LINE OF KRATZMEYER
ROAD, ON AND ALONG THE WEST LINE OF THE EAST HALF OF THE
SOUTHWEST QUARTER OF SAID SECTION 8 NORTH 0°49'32" EAST 30.00
FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE
NORTHWEST QUARTER OF SAID SECTION 8, SAID CORNER ALSO LYING
ON THE CENTERLINE OF KRATZMEYER ROAD;
(17) DEPARTING SAID SOUTHWEST CORNER AND SAID CENTERLINE, ON
AND ALONG THE WEST LINE OF THE EAST HALF OF THE NORTHWEST
QUARTER OF SAID SECTION 8 NORTH 0050'15" EAST 30.00 FEET TO THE
NORTH RIGHT-OF-WAY LINE OF KRATZMEYER ROAD;
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ORIGINAL
(18) THENCE, CONTINUING ON AND ALONG THE WEST LINE OF THE EAST
HALF OF THE NORTHWEST QUARTER OF SAID SECTION 8 NORTH
0°50'15" EAST 2615.83 FEET TO A POINT ON THE SOUTH LINE OF SAID
SECTION 5, SAID POINT ALSO BEING THE NORTHWEST CORNER OF THE
EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 8;
(19) THENCE, DEPARTING THE WEST LINE OF THE EAST HALF OF THE
NORTHWEST QUARTER OF SAID SECTION 8, ON AND ALONG THE
SOUTH LINE OF SAID SECTION 5 NORTH 89°14'44" WEST 1320.86 FEET
TO THE SOUTHWEST CORNER OF SAID SECTION 5;
(20) THENCE, DEPARTING THE SOUTH LINE OF SAID SECTION 5, ON AND
ALONG THE WEST LINE OF SAID SECTION 5 NORTH 0°50'34" EAST
2671.43 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 5;
(21) THENCE, CONTINUING ON AND ALONG THE WEST LINE OF SAID
SECTION 5 NORTH 0°49'50" EAST 2635.81 FEET TO THE NORTHWEST
CORNER OF SAID SECTION 5, SAID CORNER BEING A POINT ON THE
CENTER LINE OF SEVENTH STANDARD ROAD, SAID POINT ALSO BEING
THE POINT OF BEGINNING.
CONTAINING 1597.73 ACRES, MORE OR LESS.
CHECKED by
KM COUNTY SURVEYORS OFFICE
Date / 9
ApproveOW
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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 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 any future development It is unlikely that additional
police officers would be required to maintain the current level of city service. The development of
any 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 or residents be responsible for financing?
Private development provides and pays for ma*or facilities and dedicates them to the city. No
upgrading or change in facilities will be required in the territory for annexation.
3. Indicate and explain existing zoning in affected territory. The territory is presently zoned County A
(Exclusive Agriculture) Zone.
4. Indicate and explain proposed pre-zoning 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 the pre-zoning of R-1 (One Family Dwelling) R-2 (Limited Multiple Family Dwelling), E
(Estate) C-2 (Regional Commercial) and A (Agriculture) zone districts.
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. City Police
should be able to respond in a timelier manner than present County Sheriff services. Parcels
within the incorporated area are allowed to connect to available NORSD 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,
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 rate in the area equals 1.148384% and
1.083970% 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 2009-
2010 County Auditor-Controllers Tax Rates and Assessed Values).
7. Would affected area be subject to any bounded indebtedness of the city/district? If so, explain.
No 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 $50,000.00?
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? There are two (2) parcels of
approximately 237 acres subiect to a Williamson Act Contract.
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SAANEXATION\Annex 623\Exhibit C.DOC v r .
ORIGINAI '