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HomeMy WebLinkAboutRES NO 022-12RESOLUTION NO. — 12 A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD IDENTIFIED AS ANNEXATION NO. 572, LOCATED ALONG THE EAST SIDE OF COTTONWOOD ROAD, SOUTH OF THE ARVIN- EDISON CANAL. (WARD 1). 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 east side of Cottonwood Road, south of the Arvin- Edison canal; and WHEREAS, the City has agreed to serve the territory upon annexation; and WHEREAS, some of the 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 along the east side of Cottonwood Road, south of the Arvin - Edison canal. 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. 5. That this proposed annexation territory and the prezoning therefore was adopted by the City Council and an environmental document for the annexation is determined to be adequate for the annexation proposal. L = 0 R!G 1 6. That the laws and regulations relating to the preparation and adoption of a negative declaration 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 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-- - - - - -- rn 2 r7�3I €iN,AL_ 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 MAR 0 7 2012 1 by the following vote: AYES: COUNCILMEMBER: SALAS, BENHAM WEIR, COUCH, HANSON, SULLIVAN, JOHNSON NOES: COUNCILMEMBER: nC7Yl� ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ROBERTA GAFFORD, CM CITY CLERK and Ex Offi io Clerk of the Council of the City of Bakersfield APPROVED MAR 0 7 2012 L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO Ci. By EXHIBITS: A - Legal Description B -Map C - Plan for Services 3 �,RKr c y , 01-11G{NAL EXHIBIT "A" ANNEXATION No. 572 COTTONWOOD No. 2 TO THE CITY OF BAKERSFIELD That portion of land located in the North half of Section 28, Township 30 South, Range 28 East, Mount Diablo Base and Meridian, in the County of Kem, State of California, more particularly described as follows: Commencing at the Northwest corner of said Section 28; thence South 00 029'49" West along the West line of said Section 28, also being the centerline of Cottonwood Road (Co. Rd. No. 63), a distance of 1321.29 feet; thence departing said West line and center line South 89 °41'01" East a distance of 30.00 feet to the East right of way of said Cottonwood Road also being the North line of the Arvin - Edison Canal and the TRUE POINT OF BEGINNING; Thence along the said North line of the Arvin- Edison Canal the following five courses: Thence (1) continuing South 89 °41 'O1 " East a distance of 1294.20 feet to a Southwest corner of the City of Bakersfield corporate boundary; Thence along the existing City of Bakersfield corporate boundary the following eleven courses: Thence (2) continuing South 89 041'01 " East a distance of 1324.20 feet to the North -South mid - section line of said Section 28; Thence (3) continuing South 89 °41'01" East a distance of 2341.02 feet to the beginning of a tangent curve concave to the Northwest having a radius of 390.00 feet; Thence (4) Northeasterly along said curve through a central angle of 36 059'08" an arc distance 251.75 feet; Thence (5) North 53 °19'51" East a distance of 91.89 feet to the East line of said Section 28; Thence (6) South 00 °30' 19" West along said East line a distance of 205.88 feet to the beginning of a non - tangent curve concave to the Northwest having a radius of 555.00 feet to the South right of way of said Arvin - Edison Canal, a radial to said point bears South 33 018'38" East; r, Thence (7) Easterly along said South right of way and said curve through a central angle of 33 037'37" an arc distance 325.73 feet; Thence (8) North 89 °41'01" West along said South right of way a distance of 2011.55 feet to the East right of way of the Arvin- Edison Intake Canal; Thence (9) South 00029'59" West along said East intake canal right of way a distance of 1157.12 feet to the Northwest comer of Parcel "B" of Parcel Map 1665 recorded January 14, 1974 in Book 8 of Parcel Maps at Page 138 filed in the office of the Kern County Recorder; Thence (10) departing East intake canal right of way North 89 °39'51" West a distance of 250.00 feet to the West right of 'way of said intake canal; Thence (11) continuing North 89 °39'51 " West a distance of 80.00 feet to the Northwest corner of Parcel "A" of said Parcel Map 1665 also being the North -South mid - section line of said Section 28; Thence (12) continuing North 89 039'51 " West along the North line of said Parcel "A" a distance of 2618.34 feet to the East right of way of said Cottonwood Road; Thence (13) departing said North line, North 00029'49" East a distance of 1156.12 feet to the South line of said Arvin- Edison Canal; Thence (14) continuing North 00029'49" East a distance of 165.00 feet to the North line of said canal and the TRUE POINT OF BEGINNING. 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