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HomeMy WebLinkAboutRES NO 106-10RESOLUTION NO. 10 6 - 10 A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD AS ANNEXATION NO. 608 GENERALLY LOCATED SOUTHEAST AND SOUTHWEST OF THE INTERSECTION OF COFFEE ROAD AND SEVENTH STANDARD ROAD, WEST OF THE UNION PACIFIC RAILROAD TRACTS. (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 generally southeast and southwest of the intersection of Coffee Road and Seventh Standard Road, west of the Union Pacific Railroad tracks.; 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 generally southeast and southwest of the intersection of Coffee Road and Seventh Standard Road, west of the Union Pacific Railroad tracks, 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. m r ~Ri~iNAl, 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, 2 O~ OAKF,~N m r O ORICONAL ---------000-------- HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of theZOl~ity of Bakersfield at a regular meeting thereof held on SEP O 8 by the following vote: ✓ ✓ 1V ✓ ✓ V-.- ✓ COUNCILMEMBER: CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER NOES: COUNCILMEMBER: 1rv5`194- ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ROBERTA GAFFORD, CM CITY CLERK and Ex Offic o Clerk of the Council of the City of Bakersfield APPROVED SEP 0 8 2010 HARVEY L. HALL L MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorne By. ac/ CtiLu EXHIBITS: A - Legal Description B-Map C - Plan for Services DL:dc S:\Annexation\Res of Applic\ROA608.doc 3 o~9OAK6t t R. 0 C. 0RIPNA1_ EXHIBIT "A" ANNEXATION NO. 608 "SACO NO. V LEGAL DESCRIPTION BEING ALL THAT PORTION OF SECTIONS 3, 4, 5, 9 AND 10, TOWNSHIP 29 SOUTH, RANGE 27 EAST, AND SECTIONS 31 AND 32, TOWNSHIP 28 SOUTH, RANGE 27 EAST, ALL M.D.M., COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 4, BEING MARKED BY A KERN COUNTY SURVEYOR'S CONCRETE MONUMENT IN A LAMPHOLE PER FILED MAP 7-1, BOOK 6, PAGE 50, FILED IN THE OFFICE OF THE KERN COUNTY SURVEYOR, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF SEVENTH STANDARD ROAD (COUNTY ROAD NO. 151) AND COFFEE ROAD (COUNTY ROAD NO. 401); THENCE ALONG THE FOLLOWING TWENTY-THREE (23) COURSES: 1) SOUTH 89°09'11" EAST, ALONG THE NORTH LINE OF SAID SECTION 4, ALSO BEING THE CENTERLINE OF SAID SEVENTH STANDARD ROAD, A DISTANCE OF 1,170.60 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF THE SOUTHERN PACIFIC RAILROAD, SAID POINT BEING 100.00 FEET SOUTHWESTERLY, AS MEASURED AT RIGHT ANGLES TO THE CENTERLINE OF SAID SOUTHERN PACIFIC RAILROAD (200 FOOT WIDTH); THENCE 2) SOUTH 46°41'10" EAST, ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY, A DISTANCE OF 5,637.96 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF FRUITVALE AVENUE (COUNTY ROAD NO. 317) AS SHOWN OF PARCEL MAP NO. 3071, FILED FOR RECORD SEPTEMBER 22, 1976 IN PARCEL MAP BOOK 16 AT PAGE 162, IN THE OFFICE OF THE KERN COUNTY RECORDER, SAID POINT ALSO BEING 55.00 FEET EASTERLY OF THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3; THENCE 3) SOUTH 00°39'58" WEST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND PARALLEL WITH SAID WEST LINE, A DISTANCE OF 1,359.22 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 20.00 FEET; THENCE 4) SOUTHEASTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 90°00'30", AN ARC DISTANCE OF 31.42 FEET TO A POINT 55.00 FEET NORTHERLY, AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3 AND THE CENTERLINE OF SNOW ROAD (COUNTY ROAD NO. 548); THENCE 5) DEPARTING SAID EASTERLY RIGHT-OF-WAY LINE, SOUTH 00°3928" WEST, A DISTANCE OF 85.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID SNOW ROAD, SAID POINT BEING 30.00 FEET SOUTHERLY, AS MEASURED AT RIGHT ANGLES TO THE NORTHERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10 AND THE CENTERLINE OF SAID SNOW ROAD; THENCE 6) NORTH 89°20'32" WEST, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND PARALLEL WITH SAID NORTHERLY LINE, A DISTANCE OF 75.03 FEET TO AN ANGLE POINT, SAID POINT BEING 30.00 FEET SOUTHERLY AS MEASURED AT RIGHT ANGLES TO THE NORTHERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9; THENCE gAKF0 P:\PROJECTS\06139\1.EGALS\06139AX01.DOC BDM/GC 6/10/2008 m 0RIG,1! 1Al. EXHIBIT "A" ANNEXATION NO. 608 "SACO NO. V LEGAL DESCRIPTION (CONTINUED) 7) NORTH 89°17'07" WEST, CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, PARALLEL WITH SAID CENTERLINE AND THE NORTHERLY LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 444.27 FEET TO A POINT ON THE SOUTHEASTERLY PROLONGATION OF THE NORTHEASTERLY RIGHT-OF-WAY LINE OF THE BEARDSLEY CANAL (300 FOOT WIDTH) AS DESCRIBED IN BOOK 205 AT PAGE 376 OF DEEDS, ALSO BEING SHOWN ON THE MAP OF LERDO SUBDIVISION "B", FILED FOR RECORD DECEMBER 9, 1912, IN BOOK 2 OF MAPS AT PAGE 53, IN THE OFFICE OF THE KERN COUNTY RECORDER, SAID POINT ALSO BEING ON THE CITY OF BAKERSFIELD CORPORATE BOUNDARY LINE; THENCE 8) NORTH 51-45-11" WEST, ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE AND SAID CORPORATE BOUNDARY LINE, A DISTANCE OF 90.14 FEET TO AN ANGLE POINT; THENCE 9) NORTH 70°22'11" WEST, CONTINUING ALONG SAID NORTHEASTERLY RIGHT-OF- WAY LINE AND SAID CORPORATE BOUNDARY LINE, A DISTANCE OF 179.08 FEET TO AN ANGLE POINT; THENCE 10) NORTH 59°28'11" WEST, CONTINUING ALONG SAID NORTHEASTERLY RIGHT-OF- WAY LINE AND SAID CORPORATE BOUNDARY LINE, A DISTANCE OF 163.68 FEET TO AN ANGLE POINT; THENCE 11) NORTH 58°0111" WEST, CONTINUING ALONG SAID NORTHEASTERLY RIGHT-OF- WAY LINE AND SAID CORPORATE BOUNDARY LINE, A DISTANCE OF 1,136.16 FEET TO AN ANGLE POINT; THENCE 12) NORTH 48°15'11" WEST, CONTINUING ALONG SAID NORTHEASTERLY RIGHT-OF- WAY LINE AND SAID CORPORATE BOUNDARY LINE, A DISTANCE OF 1,634.95 FEET TO AN ANGLE POINT; THENCE 13) NORTH 30°07'17" WEST, CONTINUING ALONG SAID NORTHEASTERLY RIGHT-OF- WAY LINE AND SAID CORPORATE BOUNDARY LINE, A DISTANCE OF 2,020.29 FEET TO AN ANGLE POINT; THENCE 14) NORTH 42°31'17" WEST, CONTINUING ALONG SAID NORTHEASTERLY RIGHT-OF- WAY LINE AND SAID CORPORATE BOUNDARY LINE, A DISTANCE OF 139.52 FEET TO AN ANGLE POINT; THENCE 15) NORTH 55°59'17" WEST, CONTINUING ALONG SAID NORTHEASTERLY RIGHT-OF- WAY LINE AND SAID CORPORATE BOUNDARY LINE, A DISTANCE OF 511.82 FEET TO AN ANGLE POINT; THENCE 16) DEPARTING SAID NORTHEASTERLY BOUNDARY LINE, NORTH 89°05'24" WEST, CONTINUING ALONG SAID CORPORATE BOUNDARY LINE, A DISTANCE OF 679.01 FEET TO THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 5; SAID POINT ALSO BEING ON THE CENTERLINE OF SAID COFFEE ROADJHENCE P:\PROJECTS\06139\LEGALS\06139AXOI.DOC BDM/GC 6/10/2009 T y _ m ?RIC,INAL EXHIBIT "A" ANNEXATION NO. 608 "SACO NO. V LEGAL DESCRIPTION (CONTINUED) 17) NORTH 00°49'43" EAST, ALONG SAID EAST LINE AND SAID CENTERLINE AND CONTINUING ALONG SAID CORPORATE BOUNDARY LINE, A DISTANCE OF 14.49 FEET TO THE NORTHEAST CORNER OF LOT 16 OF THE SALES MAP OF KERN COUNTY LAND COMPANY IN SAID SECTION 5, AS FILED MAY 2, 1894, IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE 18) NORTH 88.56'10" WEST, ALONG THE NORTH LINE OF LOTS 16 THROUGH 13 OF SAID SALES MAP AND CONTINUING ALONG SAID CORPORATE BOUNDARY LINE, A DISTANCE OF 2,640.67 FEET TO THE SOUTHWEST CORNER OF LOT 4 OF SAID SALES MAP; THENCE 19) DEPARTING SAID CORPORATE BOUNDARY LINE, NORTH 00°48'45" EAST, ALONG THE WEST LINE OF SAID LOT 4 AND NORTHERLY PROLONGATION THEREOF, A DISTANCE OF 1,306.60 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF THE SPECIFIC PLAN ALIGNMENT OF SEVENTH STANDARD ROAD AS ADOPTED BY THE KERN COUNTY BOARD OF SUPERVISORS ON JANUARY 6, 2004 AS RESOLUTION 2004-009, SAID POINT BEING 30.00 FEET NORTHERLY AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 31 AND THE CENTERLINE OF SAID SEVENTH STANDARD ROAD; THENCE 20) SOUTH 89°15'47" EAST, ALONG SAID SPECIFIC PLAN LINE AND PARALLEL WITH SAID CENTERLINE AND THE SOUTH LINES OF SAID SECTIONS 31 AND 32, A DISTANCE OF 1,900.97 FEET TO AN ANGLE POINT; THENCE 21) SOUTH 89°47'02" EAST, CONTINUING ALONG SAID SPECIFIC PLAN LINE, A DISTANCE OF 330.01 FEET TO A POINT 33.00 FEET NORTHERLY, AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID SECTION 32 AND THE CENTERLINE OF SAID SEVENTH STANDARD ROAD; THENCE 22) SOUTH 89°15'47" EAST, CONTINUING ALONG SAID SPECIFIC PLAN LINE, PARALLEL WITH SAID CENTERLINE AND SAID SOUTH LINE, A DISTANCE OF 410.05 FEET TO A POINT ON THE NORTHERLY PROLONGATION OF THE EAST LINE OF SAID SECTION 5 AND THE CENTERLINE OF SAID COFFEE ROAD; THENCE 23) SOUTH 00°49'43" WEST, ALONG SAID PROLONGATION, A DISTANCE OF 33.00 FEET TO THE POINT OF BEGINNING. 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ORIGiW N C7 A e p~"bn W Ch --I 4 0c 'r.-0 Ic „o'~' g' m C 0 C) m ' o a F5 mai a a m $ ar c om av a m d mx ~ -►41 m~ a `r ~m oa 0 co 33 g ~~.a 3h m~ m=?ma a~ n to 40 to M,9e o a7 ~ a -~gcr ACM ~s qp~ O h x Q 3 Oro.,Z73 h S d 43 ID kQh O d 1 C f0 ? r da "Do 0° a 80 ~ m a < iA to ~ C3 0 m m 2 h ~ X m a v- is 0 co m- a ems h ~ m cn OD = s ca ~ O is ~ c x• ~ x. ~ m ~v m.. m -O +r TOE b i O l0 c m 4 ~ tD ~q cr m S3 gyp' x O~ m O 0 d ..r ► Cf O CIl .Ci f) CO cc a 0 odam oj~ a c < rp' o m a 2 9 v- Sao v ro~ ~~o ~21~`°~' <J! 1 y $ TC~I2D Ti _ = r O JQ O oa M o o< n C'"n m O a < aCL m ~~c am ► c 9' o a 8. 3 curia Z' Z. d c a v as 3- o iu 0 -0o. ~ m S M m ~g ° ~ ash -n~ 305: m Cl) R o g to m o O~ 8 A K,,~~ F-- t V ORIMNAI What effects, if any, would annexation of this territory have on the existing level of city/disbict services (i.e., need for additional emergency service personnel or construction of new facilities, etc)? The annexation of this territorv will have minimal effect on the near term level or caoability of the Citv to orovide needed services. Upon future development, additional police officers would Dossibly be reouired to maintain the current level of city service. The olanned develcoment includinra public streets or municipal facilities within the territory will increase the future maintenance n3sponsibility 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 or developers be responsible for financing? No. if anv additional develooment occurs. the develooer oroviides and paws for rnaior facilities and dedicates them to the Citv. No uoaradina or change in facRiti@s will be required in the tea torv for annexation. 3. Indicate and explain existing zoning in affected territory. County zoned the temtorv A (Exclusive Agricultural). M-2 PD (Median Industrial-Precise Develooment Combinina) and R-1 (Low Density Residential) Zones. 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 pre-zoned the orooerty Der Ordin nca to Citv C-21PCD (Enional Convnencial/Planned Commercial Develooment). C-O/PCD (Professional & AdministEllive Office/Planned Commercial Develooment) and M-2 (General Manufacturinq) Zones. 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. Citv Police should be able to resoond in a more timely manner than present Countv Sheriff services. Parcels within the incoroorated area are allowed to connect to available Citv sewer svstem lines. The present City refuse collection rate is substantially lower than fees countv residents now oav to ind@pendent companies. No special assessments or chances for street sweeping. leaf collection street liahtina enerov costs and fire hvdrants when located within the City's incorporated area. Citv oovemment also provides increased oolilical reoresentation 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 1.112385% (Tax Rate Area 099-003) of assessed market value. This reoresents the total orooertv tax rate. When annexed a designated g2roents a of the total orooerty 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 2009 Lien 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 aroaerIv 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 existing annexation area is not subiect to a Williamson Act Contract. 1gPKEy~ S:WNNEXATION ANNEX 6081Annex 808 Exhibit C.DOC oI rn i r ~~ORIGINA'