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HomeMy WebLinkAboutRES NO 056-11RESOLUTION NO. 056- 11 A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD AS ANNEXATION NO. 629 LOCATED AT THE SOUTHWEST CORNER OF WILSON ROAD AND SOUTH UNION AVENUE. (WARD 6). 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 at the southwest corner of Wilson Road and South Union Avenue; and WHEREAS, the City has agreed to serve the territory upon annexation; and WHEREAS, some property owners of the territory have 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, located at the southwest corner of Wilson Road and South Union 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 some of 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. 5. That for this proposed annexation territory and the prezoning therefore was adopted by the City Council and a notice of exemption for the annexation is determined to be adequate for the annexation proposal. f-, ORINNN 6. That the laws and regulations relating to the preparation and adoption of a notice of exemption 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 not 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 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 bra.. r +"IV°~IC~I►i~t~' 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 JUN 2 9 2011 , by the following vote: AYES- COUNCILMEMBER: SALAS, BEN AM, R, COUCH, HAN ON, SULLI AN, JO NSON S: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: rltlykSl- ABSENT: COUNCILMEMBER: (\CNq.,/ h ROBERTA GAFFORD, CAjCj CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUN 2 9 2011 HARVEY L. HALL MAYOR of the City of Bakersfiel APPROVED AS TO FORM: VIRGINIA GENVARO City Attorne By: EXHIBITS: A - Legal Description B-Map C - Plan for Services D - Notice of Exemption 3 ~r"1'~1~~I►vr> EXHIBIT "A" SOUTH UNION AVENUE #15 ANNEXATION 0629 TO THE CITY OF BAKERSFIELD THAT PORTION OF THE EAST % OF SECTION 7, TOWNSHIP 30 SOUTH, RANGE 28 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCELI BEGINNING AT THE EAST % CORNER OF SAID SECTION 7, ALSO BEING THE CENTER LINE INTERSECTION OF SOUTH UNION AVENUE (CO. RD. NO. 97 AND 2380) AND WILSON ROAD (CO. RD. NO. 1135 AND 3537). THENCE, SOUTH 89° 57' 15' WEST, ALONG THE NORTH LINE OF THE SOUTHEAST % OF SAID SECTION AND SAID CENTERLINE OF WILSON ROAD, A DISTANCE OF 57.75 FEET TO THE WEST RIGHT-OF-WAY LINE OF SAID SOUTH UNION AVENUE BEING THE TRUE POINT OF BEGINNING. THENCE 1) S 0° 04' 00' W, 146.50 FEET ALONG SAID RIGHT-OF- WAY LINE; THENCE 2) DEPARTING SAID RIGHT-OF-WAY LINE AND PARALLEL TO SAID NORTH LINE, S 89" 57' 15' W, 239.25 FEET; THENCE 3) PARALLEL WITH THE CENTERLINE OF SAID SOUTH UNION AVENUE, S 0° 04'00"W, 32.00 FEET; THENCE 4) PARALLEL TO SAID NORTH LINE, S 890 57' 15" W, 363.00 FEET TO THE CORPORATE BOUNDARY OF THE CITY OF BAKERSFIELD; THENCE 6) ALONG SAID CORPORATE BOUNDARY AND PARALLEL TO SAID CENTERLINE OF SOUTH UNION AVENUE, N 00 04'00" E, 221.50 FEET TO THE NORTH RIGHT-OF-WAY LINE OF SAID WILSON ROAD; THENCE 6) ALONG SAID NORTH RIGHT-OF-WAY, N 89° 57'15' E, 172.34 FEET; THENCE 7) DEPARTING SAID NORTH RIGHT-OF-WAY, S 0° 04' 00' W, 13.00 FEET TO A POINT 30.00 FEET NORTH OF SAID NORTH LINE OF THE SOUTHEAST % (ALSO THE CENTERLINE OF WILSON ROAD); Page 1 of 2 Juiie/CorrespondencW8ruce's fiWW13-1011-19-11 Exhibit, Annexation SW9 i~►~1(al~l~~l EXHIBIT "A" SOUTH UNION AVENUE #15 ANNEXATION #629 TO THE CITY OF BAKERSFIELD (CONTINUED) THENCE 8) PARALLEL TO AND 30.00 FEET NORTH OF SAID NORTH LINE, N 89° 57'15" E, 429.91 FEET TO SAID WEST RIGHT-OF-WAY LINE OF SOUTH UNION AVENUE; THENCE 9) S 00° 04' 00" W, 30.00 FEET ALONG SAID WEST RIGHT-OF- WAY TO THE TRUE POINT OF BEGINNING. PARCEL 1 CONTAINING 2.75 ACRES /120,153 SQ. FT.. CHECKED by KERN COUNTY SURVEYORS OFFICE Oats .~i ~ u APP«ed by 1a~ ~ tdo. 02522 d cm 12-31`11 >F P. Page 2 of 2 Julie/CorrespondenceBruce'sfdes/013-10/1-19-11 Exhibit A, Annexation #629 r (08SZ 8 L6 ON ad 00) 110, ION~AV NOW O nl OS 0- Tn . 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W:W a 4) oOxU m pm`9 Q N, '3 m E t t c o Z t- 00 .4~ c mac OC ~ F.c~ 3 OCQ o c m U I Z b e O c H e O aA-2 °-J° c a ca RIx c ~~I OU i N m EXHIBHT "D" NOTICE OF EXEMPTION Appendix I TO: _ Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 FROM: City of Bakersfield Development Services Department-Planning Div. 1715 Chester Avenue Bakersfield, CA 93301 X County Clerk, County of Kern 1115 Truxtun Avenue Bakersfield, CA 93301 Project Title: Annexation of Property to the City of Bakersfield known as Annexation No 629, Union No 15, Project Location-Specific: Located at the southwest corner of Wilson Road and South Union Avenue Project Location-City: Bakersfield Project Location-County: Kern Description of Project: The annexation territory consists of 2.75 acres located alone the southwest corner of Wilson Road and South Union Avenue. The project site includes three developed parcels The property owner submitted a request to annex into the city to receive city services. Name of Public Agency Approving Project: City of Bakersfield. Name of Person or Agency Carrying Out Project: City of Bakersfield Exempt Status: Ministerial (Sec.21080(b)(1); 15268)); - Declared Emergency (Sec.21080(b)(3); 15269(a)); - Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); X Categorical Exemption. State type and section number. 15061 (b) (3) General Rule Statutory Exemptions. State code number. Reasons why project is exempt: The project proposes annexation of the land to the City of Bakersfield No changes to land use or zoning are being proposed at this time or with this action: this will be a change in jurisdiction only. This proiect is covered under the General Rule because the annexation of land, where no changes to the existing land is proposed does not have the potential for causing harm to the environment. Therefore a Notice of Exemption is appropriate for this action; the proposed activity is not subject to CEOA. Lead Agency: City of Bakersfield Contact Person: Debbie Lewis. Assistant Planner Area Code/Telephone/Extension: (661) 326-3733 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes X No , Signature: X Signed by Lead Agency Date: June 30, 2011 Title: Assistant Planner Date received forfifingatOPlt - Signed by Applicant SAAnnexation\NoExemption\NOE 629.doc