HomeMy WebLinkAboutRES NO 104-10RESOLUTION NO. 1 Q -10
A RESOLUTION OF APPLICATION PROPOSING
PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE
CITY OF BAKERSFIELD AS ANNEXATION NO. 548 LOCATED
ALONG THE SOUTH SIDE OF STOCKDALE HIGHWAY,
GENERALLY WEST OF RENFRO ROAD, EAST OF NORD
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 along the south
side of Stockdale Highway, generally west of Renfro Road, east of Nord 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; and
WHEREAS, the property owner wishes to receive city services upon 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 along the south side of Stockdale Highway,
generally west of Renfro Road, east of Nord 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,
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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
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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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 0 8 2010
by the following vote;
AYE COUNCILMEMBER: CARSON, BENHAM, WEIR, COUCH, HANSON, SULCIVAN, SCRIVNER
ES: COUNCILMEMBER: 11 C)
ABSTAIN: COUNCILMEMBER: fN9--
ABSENT: COUNCILMEMBER: nQY\S,
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ROBERTA GAFFOR16ffflcio Q~
CITY CLERK and Ex "Clerk of the
Council of the City of Bakersfield
APPROVED SEP 0 8 20
MAYOR of the City of Bakersfield
APPROVED AS TO FORM;
VIRGINIA GENNARO
Ci
By
, ,
i
EXHIBITS; A - Legal Description
B - Map
C - Plan for Services
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S: \ Annexation \ Res of Applic \ ROA 548.doc
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EXHIBIT "A"
ANNEXATION NO. 548
"STOCKDALE NO. 15"
LEGAL DESCRIPTION
BEING ALL THAT PORTION OF SECTIONS 33 AND 34, TOWNSHIP 29 SOUTH, RANGE 26
EAST AND SECTIONS 3 AND 4, TOWNSHIP 30 SOUTH, RANGE 26 EAST, M.D.M., COUNTY
OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 3, SAID POINT ALSO
BEING THE CENTERLINE INTERSECTION OF STOCKDALE HIGHWAY (COUNTY ROAD NO.
696) AND SOUTH RENFRO ROAD (COUNTY ROAD NO, 184); THENCE NORTH 89°29'48"
WEST, ALONG THE NORTH LINE OF SAID SECTION 3 AND THE CENTERLINE OF
STOCKDALE HIGHWAY, A DISTANCE OF 1325.20 FEET TO THE POINT OF BEGINNING, SAID
POINT ALSO BEING ON THE CITY OF BAKERSFIELD CORPORATE BOUNDARY LINE AND
THE SOUTHWEST CORNER OF AMENDED TRACT NO. 6144-PHASE 1, FILED FOR RECORD
MARCH 8, 2005, IN MAP BOOK 52 AT PAGES 197 THROUGH 199, IN THE OFFICE OF THE
KERN COUNTY RECORDER; THENCE ALONG THE FOLLOWING TWENTY-FOUR (24)
COURSES:
1) DEPARTING SAID CENTERLINE, SOUTH 00.24'57" WEST, ALONG THE CITY
CORPORATE BOUNDARY LINE, A DISTANCE OF 30.00 FEET TO THE SOUTH LINE OF
THE NORTH 30 FEET OF THE NORTHEAST QUARTER OF SAID SECTION 3; THENCE
2) SOUTH 89°29'48" EAST, CONTINUING ALONG SAID CITY CORPORATE BOUNDARY
LINE AND SAID SOUTH LINE, A DISTANCE OF 13.35 FEET TO THE WESTERLY LINE
OF THE REMAINDER PORTION OF PARCEL "A" OF PARCEL MAP WAIVER NO. 22-92
PER THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED JUNE 28, 1993 IN
BOOK 6868 AT PAGE 1548 OF OFFICIAL RECORDS, IN THE OFFICE OF THE KERN
COUNTY RECORDER; THENCE
3) SOUTH 00°55'22" WEST, CONTINUING ALONG SAID CITY CORPORATE BOUNDARY
LINE AND SAID WESTERLY LINE, A DISTANCE OF 2,615.48 FEET TO THE EAST-
WEST MID-SECTION LINE OF SAID SECTION 3; THENCE
4) NORTH 89°00'30" WEST, CONTINUING ALONG SAID CITY CORPORATE BOUNDARY
LINE AND SAID EAST-WEST MID-SECTION LINE, A DISTANCE OF 3,962.65 FEET TO
THE WEST QUARTER CORNER OF SAID SECTION 3, ALSO BEING THE EAST
QUARTER CORNER OF SAID SECTION 4; THENCE
5) SOUTH 00°20'35" WEST, CONTINUING ALONG SAID CITY CORPORATE BOUNDARY
LINE AND THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, A
DISTANCE OF 45.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF CROSS VALLEY
CANAL PER THE FINAL ORDER OF CONDEMNATION RECORDED DECEMBER 1,
1981 IN BOOK 5124 AT PAGE 1531 OF OFFICIAL RECORDS, IN THE OFFICE OF THE
KERN COUNTY RECORDER ; THENCE
6) DEPARTING SAID CITY CORPORATE BOUNDARY LINE AND SAID EAST LINE, NORTH
89°07'14" WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 5,293.99
FEET TO THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4;
THENCE
Q:iPROJECTS1680317\LEGALS10317AX01.doc EBTIJLM 3/2512009
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EXHIBIT "A"
ANNEXATION NO. 548
"STOCKDALE NO. 15"
LEGAL DESCRIPTION
(CONTINUED)
7) DEPARTING SAID NORTH RIGHT-OF-WAY LINE, NORTH 00°12'00" EAST, ALONG
SAID WEST LINE, A DISTANCE OF 45.00 FEET TO THE WEST QUARTER CORNER OF
SAID SECTION 4; THENCE
8) NORTH 00°12'15" EAST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 4, A DISTANCE OF 2,582.31 FEET TO THE NORTHWEST CORNER OF
SAID SECTION 4, ALSO BEING THE SOUTHWEST CORNER OF SAID SECTION 33,
SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF STOCKDALE
HIGHWAY (COUNTY ROAD NO. 696) AND NORD AVENUE (COUNTY ROAD NO. 506);
THENCE
9) NORTH 00°31'22" EAST, ALONG THE CENTERLINE OF NORD AVENUE AND THE
WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33, A DISTANCE OF
70.00 FEET; THENCE
10) DEPARTING SAID LINES, SOUTH 89°26'40" EAST, PARALLEL WITH THE SOUTH LINE
OF SAID SOUTHWEST QUARTER, A DISTANCE OF 270.04 FEET; THENCE
11) SOUTH 84°40'51" EAST, A DISTANCE OF 120.42 FEET; THENCE
12) SOUTH 88°34'35" EAST, A DISTANCE OF 330.04 FEET TO A POINT 55.00 FEET
NORTHERLY, AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID
SOUTHWEST QUARTER; THENCE
13) SOUTH 89°26'40" EAST, PARALLEL WITH SAID SOUTH LINE, A DISTANCE OF
1,864.60 FEET; THENCE
14) SOUTH 89°27'13" EAST, A DISTANCE OF 130.01 FEET TO A POINT 55.00 FEET
NORTHERLY, AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 33; THENCE
15) SOUTH 89°27'45" EAST, PARALLEL WITH SAID SOUTH LINE, A DISTANCE OF
1,922.78 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 33;
THENCE
16) SOUTH 00°31'39" WEST, ALONG SAID WEST LINE, A DISTANCE OF 25.00 FEET TO A
POINT 30.00 FEET NORTHERLY, AS MEASURED AT RIGHT ANGLES TO THE SOUTH
LINE OF SAID SOUTHEAST QUARTER; THENCE
17) SOUTH 89°27'45" EAST, PARALLEL WITH SAID SOUTH LINE, A DISTANCE OF 632.57
FEET TO A POINT 30.00 FEET WESTERLY, AS MEASURED AT RIGHT ANGLES TO
THE EAST LINE OF SAID SOUTHEAST QUARTER; THENCE
18) NORTH 00°31'42" EAST, PARALLEL WITH SAID EAST LINE, A DISTANCE OF 40.00
FEET; THENCE
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EXHIBIT "A"
ANNEXATION NO. 548
"STOCKDALE NO. IF
LEGAL DESCRIPTION
(CONTINUED)
19)SOUTH 89°27'45" EAST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST
QUARTER, A DISTANCE OF 30.00 FEET TO A POINT ON THE EAST LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 33, SAID POINT ALSO BEING THE WEST
LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 34; THENCE
20) SOUTH 89°27'59" EAST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST
QUARTER, A DISTANCE OF 80.00 FEET TO A POINT ON THE CITY CORPORATE
BOUNDARY LINE; THENCE
21)SOUTH 00°32'01" WEST, ALONG SAID CITY CORPORATE BOUNDARY LINE, A
DISTANCE OF 40.00 FEET TO A POINT 30.00 FEET NORTHERLY, AS MEASURED AT
RIGHT ANGLES TO THE SOUTH LINE OF SAID SOUTHWEST QUARTER; THENCE
22) SOUTH 89°27'59" EAST, CONTINUING ALONG SAID CITY CORPORATE BOUNDARY
LINE AND PARALLEL WITH SAID SOUTH LINE, A DISTANCE OF 2,570.53 FEET TO A
POINT ON THE EAST LINE OF SAID SOUTHWEST QUARTER, SAID POINT ALSO
BEING ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 34
AND BEING 30.00 FEET NORTHERLY, AS MEASURED AT RIGHT ANGLES TO THE
SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 34; THENCE
23) DEPARTING SAID CITY CORPORATE BOUNDARY LINE AND SAID SECTION LINE,
SOUTH 89°29'48" EAST, PARALLEL WITH SAID SOUTH LINE, A DISTANCE OF
1,325.17 FEET TO A POINT ON THE CITY CORPORATE BOUNDARY LINE AND THE
WEST LINE OF SAID AMENDED TRACT NO. 6144-PHASE 1; THENCE
24) SOUTH 00°24'57" WEST, ALONG SAID CITY CORPORATE BOUNDARY LINE AND SAID
WEST LINE, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 570.56 ACRES, MORE OR LESS.
CHECKED by
KERN COUNTY SURVEYORS 0111"
Date
Approved qy.
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661-834-4814 • Fax 834-0972
2001 Wheelan Court • Bakersfield, CA 93309
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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 territory will have minimal effect on the near term level or capability
of the Citv to provide needed services. Uoon future development. additional oolice officers
would possibly be required to maintain the current level of city service. The planned develoornent
including public streets or municipal facilities within the territory will increase the future
maintenance responsibility of the City but should not affect the existina 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 p[ developers be responsible for financing?
No. if any additional development occu, rte, the develo Wprovides and gays for mgjor facilities and
dedicates them to the City. No upgradinq or chanae in facilities will be required in the territory for
annexation.
Indicate and explain existing zoning in affected territory. County zoned the territory A (Exclusive
Agricuftural) 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 Cd h
pre-zoned the property per Ordinance to City R-1 (One Family Dwellinq). R-2 (Limited Multi&
F mil Dwellinq) R-3. Multiple Fq i + Dwellinq. C-1 {Neighborhood Commensal). C-2 (Rggional
Commercial). C-O/PCD (Administrative $ Professional Office/Planned Commercial
Development). OS Qpen Space) and Dl (Drillinq lsland)LZones.
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. CV Police
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 Cfir sewer svstern lines. The
present City refuse collection rate is substantially lower than fees county residents now oav to
independent comoanies. No special @ssessments or charoes for street sweeping, leaf collection,
street lightino enerav costs and fire hydrants when located within the Citv's incorporated area.
City oovemment also provides increased political representation for the residents within the
galporate limits.
6. Please provide the following information relative to city/district and county taxes:
List existing tax rate(s) in area. The existina tax rate in the area equals 1.148384% (Tax Rate
Area 114-0201 and 1.083970% (Tax Rate Area 116-006) of assessed market value. This
rg2Mpents the total orQ2g& tax rate. When annexed a designated oercentaos of the total
property tax of the area will accrue to the City and remainder to the County for movidino health
care and social services. (Rate as shown on 2009-2010 County Auditor-Controllers ?009 i n
Date);
7. Would affected area be subject to any bonded indebtedness of the city/district?: If so, explain.
No. the 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 oropertv rate will not increase due to annexation and re-assessment *11 not occur due to
annexation.
9. Is the proposed area subject to a Williamson Act Contract? No. the existina annexation area is
not subiect to a Williamson Act Contract.
SIANNEXATIONWNNEX 5481Exhibit C.DOC
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