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HomeMy WebLinkAboutRES NO 134-10RESOLUTION NO. 134- 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: 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. U p 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 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. 000 2 s o~~AKeg m v O ORDINAL 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 NOV 1 7 2010 by the following vote: ✓ ✓ ✓ ✓ ✓ ✓ ✓ YES' COUNCILMEMBER: CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER N COUNCILMEMBER: mp 4 ABSTAIN: COUNCILMEMBER: Y )V~9_ ABSENT: COUNCILMEMBER: Y)CM-1 NOV 1 7 2 APPROVED T 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 DL:dc S:\Annexation\Res of Applic\ROA 623.doc ROBERTA GAFFORD, CITY CLERK and Ex O cio Clerk of the Council of the City of Bakersfield 3 gAKF9~ ~ m v o ORIGINAL o. LS 1 EXHIBIT "A" p 3. 3110 WEST ROSEDALE ANNEXATION ANNEXATION NO. 623 Fofi c 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 89°13'04" 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. 01980.64190 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 Page 1 of 4 o``®AKfi9~ m r U p ORIGINAL 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 41 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 8915118" 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 0047'30" WEST AT A DISTANCE OF 30.00 FEET; Page 2 of 4 ~ rn r U O ORDINAL (11) THENCE, CONTINUING ON AND ALONG THE NORTH RIGHT-C)F=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; (1-5) 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; Page 3 of 4 o`` ®AKF9~ r v O nRiGiNAL (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 KIRN COUNTY SURVEYORS OFFICE Dew O z Apprae /4S Page 4of4 ',q aK,& s ORIGINAL wiviJltiU J ~ !1J s 1 1 qq i a i t ~ i a NO 9 < T~N APM 4424M40 £ 9 I ~ aesaunw $ $ NORD AVENUE (CO. NO, 787) p ' ad dd66 I I / - -1--j--=1-_-I II x w ' jT Ai nE Ar oil It f I q - I - lit c~ gg r _ / _ = RUDO ROAD CO. RD. NO. 1771 w 1 S ANNEXATION NO. 623 WEST ROSDALE EXHIBIT"C" PLAN FOR PROVIDING SERVICES SERVICES ftncv Which Presently Provides Check Services Which City/District Indicate How Services Provided By Service Will Provide Upon Future Date Annexation (specify) City/District will be Financed (i.e. general tax rate or staectial assessment.) Planning COUNTY CITY . GENERAL TAX REVENUES Parks and Recreation NORTH OF THE RIVER NORTH OF THE RIVER GENERAL TAX REVENUES Libra COUNTY COUNTY N/A Police Protection SHERIFF HIGHWAY PATROL CITY GENERAL TAX REVENUES Fire Protection COUNTY COUNTY 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 COUNTY CITY GENERAL AND GAS TAX REVENUES Lighting COUNTY CITY GENERAL TAX REVENUES Flood Control COUNTY CITY GENERAL TAX REVENUES Sewerage COUNTY CITY See Page 2 USER FEE & PRVT. DVMT. Water VAUGHN WATER COMPANY VAUGHN WATER COMPANY USER FEE Other REFUSE .COUNTY CITY USER FEE JGITYO ~l7 6 -1- Z SAANNFUTIOMAnnex 6231Exhibit C.DOC D . O131'~`~ Please provide the following information, when applicable, only for service which will be provided by the applicant city. Location Service Level Capacity Indicate location from which service Indicate frequency and availability will be provided (i.e. nearest fire of service (i.e., street sweeping, station, library, etc.) response time for emergency services, rec. programs, etc. POLICE- All police services in the City of Bakersfield are administered through 24 hour patrol is provided in the immediate vicinity of this the City Police Department located at the s/w comer of Truxtun Avenue and Eye annexation. First priority response is approximately 7.00 Street approximately 17 miles east of the annexation. minutes or less. FIRE_ Service will be provided by County Station No. 67 located at 14341 Fire protection is provided on a 24-hour basis. The Brimhall Road, pursuant to exchange agreement wherein the County protects annexation will not affect City or County Fire service certain property within the City's jurisdiction. capability or response time. PARKS AND RECREATION.- The annexation project is within the jurisdiction of Existing neighborhood Parks (NOR, City and County) are the North of the River Parks and Recreation District and is subject to all adopted open to the public. at reasonable haws. requirements and standards of the department. LIBRARY- The annexation area is serviced by the Kern County Library System. Existing libraries are open to the public at reasonable hours. STREETS- The City Corporation yard at 4101 Truxtun Avenue will provide (see below) necessary facilities, personnel and services to accommodate public efforts for Jenkins Road. CONSTRUC710NIMAINTENANCE/SWEEPI-N- WLIGHTING- Maintenance and There will be no reduction in the range capacity of the City personnel will be dispatched from the City Corporation yard Repairs include to provide the necessary public work services to this area. streets, constructed/maintenance, sweeping and lighting when located within the Services will be on a regular basis and "as needed". City's jurisdiction. SEWER- The territory is within the North of the River Sanitation District. WATER The territory is within the Vaughn Water Company service area and no change will occur upon annexation. Lt_:K-(peruse)-when annexed, service will be provided by the City either by forces or by contracts with a franchise refuca Pnflamnr ~GITYo -2- 7 Z SAANNEXATIMAnnex 62M1 Jbit C.DOC a~3~~sa Adequate capacity exists. Adequate capacity exists. City refuse pickup is once or twice a week. 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? 3. Indicate and explain existing zoning in affected territory. The territory is presently zoned County A (Exclusive Agricultural) 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 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 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 1.0839700/6 of assessed market value This represgots the total property tax rate When 7. Would affected area be subject to any bonded indebtedness of the city/district? If so, explain. Ng-, 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) parcel of approximately 2$7 acres subject to a Williamson Art Contract. -3- S:WNNEXATIOMAnnex 6231Exhibit C.DOC o`` gAKF9N E- m U r O '1RI(,INAI. 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,