HomeMy WebLinkAboutRES NO 037-13RESOLUTION NO. 037-18
A RESOLUTION OF APPLICATION PROPOSING
PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE
CITY OF BAKERSFIELD IDENTIFIED AS ANNEXATION NO. 517
LOCATED SOUTH OF PANAMA LANE, BETWEEN PROGRESS
ROAD AND OLD RIVER ROAD. (WARD 5)
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 south of Panama
Lane, between Progress Road and Old River Road; 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:
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 south of Panama Lane, between Progress Road and Old
River Road.
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 a negative declaration 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 agAKF
negative declaration as set forth in the California Environmental Quality Act havq 1 sp
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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 APR t 71013
by the following vote.
f ✓ ✓ ✓ ✓ ,!
AYES:
COUNCILMEMBER: , MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON
NOES:
COUNCILMEMBER: ncnR
ABSTAIN:
COUNCILMEMBER: JQU \Q
ABSENT:
COUNCILMEMBER:
A" - ze�
ROBERTA GAFFORD, C
CITY CLERK and Ex Of i Clerk of the
Council of the City of Bakersfield
APPROVED APR 2013
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:
ANDREW HEGLUN
Deputy City Attorney
EXHIBITS: A - Legal Description
B -Map
C - Plan for Services
DL: \S: \Annexation \Res of Applic \ROA 517.doc
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EXHIBIT "A"
ANNEXATION NO. 517
TO THE CITY OF BAKERSFIELD
PANAMA NO. 20
THAT PARCEL OF LAND BEING PORTIONS OF LOTS 2, 3, 6, 7, 10, 11, 14, 15, 18, 19, 22,
23 AND 24 OF "SALES MAP OF LANDS OF KERN COUNTY LAND COMPANY"
DATED JUNE 14, 1897 FILED IN THE OFFICE OF THE KERN COUNTY RECORDER.
ALSO BEING LOTS 1, 2, 3, AND 4 OF LOT LINE ADJUSTMENT NO 72 -04 AS PER
CERTIFICATE OF COMPLIANCE RECORDED JULY 29, 2005 AS DOCUMENT NO.
0205199943 OF OFFICIAL RECORDS. ALSO BEING A PORTION OF SECTION 29,
TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN
THE UNICORPORATED AREA OF THE COUNTY OF KERN, STATE OF CALIFORNIA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 29, ALSO BEING
THE CENTERLINE INTERSECTION OF PANAMA LANE (COUNTY ROAD NO. 4) AND
OLD RIVER ROAD (COUNTY ROAD NO. 253), SAID POINT BEING A MONUMENTED
SECTION CORNER CALCULATED TO BE 2,295,935.02 FEET NORTH AND 6,230,482.14
FEET EAST PER CALIFORNIA COORDINATE SYSTEM (N.A.D. 83), ZONE 5;
THENCE SOUTHERLY ALONG THE CENTERLINE OF SAID OLD RIVER ROAD AND
THE WEST LINE OF SAID SECTION 29, SOUTH 00 °33'50" WEST A DISTANCE OF
3294.48 FEET TO THE NORTHWEST CORNER OF SAID LOT 24; THENCE SOUTH
89 017'35" EAST 30.00 FEET TO A POINT ON THE EAST RIGHT OF WAY OF SAID OLD
RIVER ROAD AND THE POINT OF BEGINNING;
THENCE (1) SOUTH 89 017'35" EAST ALONG THE NORTH LINE OF SAID LOT 24, A
DISTANCE OF 1288.29 FEET;
THENCE (2) NORTH 00-36'17" EAST ALONG THE WEST LINE OF PARCELS 1, 2, AND
3 OF SAID LOTLINE ADJUSTMENT 72 -04 A DISTANCE OF 1980.17 FEET;
THENCE (3) SOUTH 89 °17' 18" EAST ALONG THE NORTH LINE OF PARCEL 1 OF
SAID LOT LINE ADJUSTMENT 72 -04 A DISTANCE OF 1290.50 FEET TO A
POINT ON THE WEST RIGHT OF WAY OF PROGRESS ROAD (COUNTY
ROAD NO. 195);
THENCE (4) NORTH 00 036'39" EAST ALONG THE WEST RIGHT OF WAY OF SAID
PROGRESS ROAD A DISTANCE OF 1282.26 FEET TO SOUTH LINE OF
THE NORTH 30 FEET OF SAID SECTION 29 AND ALSO THE SOUTH
RIGHT OF WAY OF SAID PANAMA LANE;
THENCE (5) SOUTH 89 °14'45" EAST AND PARALLEL WITH THE NORTH LINE OF
SAID SECTION 29, A DISTANCE OF 60.00 FEET TO A POINT ON THE
EAST RIGHT OF WAY OF SAID PROGRESS ROAD;
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THENCE (6) SOUTH 00 °36'39" WEST ALONG THE EAST RIGHT OF WAY OF SAID
PROGRESS ROAD A DISTANCE OF 3922.29 FEET TO A POINT ON THE
NORTH LINE OF CITY OF BAKERSFIELD ANNEXATION NO. 468;
THENCE (7) NORTH 89 °17'41" WEST ALONG THE NORTH LINE OF SAID
ANNEXATION NO. 468 AND ALSO THE SOUTH LINE OF PARCEL 3 OF
SAID LOT LINE ADJUSTMENT NO 72 -04 AND ALSO TOGETHER WITH
THE SOUTH LINE OF SAID LOT 24, A DISTANCE OF 2638.04 FEET TO A
POINT ON THE EAST LINE OF THE WEST 30 FEET OF SAID SECTION 29
AND ALSO THE EAST RIGHT OF WAY OF SAID OLD RIVER ROAD;
THENCE (8) NORTH 00 °33'50" EAST ALONG THE EAST RIGHT OF WAY OF SAID OLD
RIVER ROAD A DISTANCE OF 660.09 FEET TO THE POINT OF
BEGINNING.
CONTAINING 103.13 ACRES
CHECKED by
KERN COUNTY SURVEYORS OFFICE
Dam a
Approved by
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Old River Road, LLC
998 Huston Street, Suite C
Grover Beach, CA 93433
March 28, 2013
Chris Huot
Administrative Analyst III
City of Bakersfield Managers Office Via chuot(a-) bakersfieldcity.us
RE: Annexation 517:
Dear Mr. Huot;
Old River Road, LL.0 owns approximately 92.5 acres of Kern County land generally
located north of McCutchen Road between Old River Road to the West and Progress
Road to the East. This land along with approximately 7 undevelopable acres was the
subject of a Zone Change, General Plan Amendment, and request for Annexation to the
City of Bakersfield. In anticipation of the Annexation of this land to the City, the Zone
Change and General Plan was approved by the City in March of 2007 as Ordinance 4424.
This land lies adjacent to and shares boarders with Tract 6359 (nearly sold out) and Tract
6678 (pending final map approval) both owned by Old River Road, LLC and were
annexed into the City in 2005 as Annexation 456. Because these properties and the
property pending annexation share common facilities and improvements both private and
public, (Park, Berkshire Road, Trunk Sewer Line, Storm Drain Facility and PG &E gas
pipeline) they were intended to be developed in a consistent and sustained progression.
However, when the economy took a drastic turn and new home sales plummeted the
owners postponed the completion of the annexation process. With thoughtful planning
and budgeting the owners continued to develop Tract 6359 over the last 5 years. Because
the surrounding property developers were abandoning their projects Old River Road LLC
continued to install oversized roads and utilities without hope of reimbursement from
those developers who agreed to share the expense. This burden was taken on with the
expectation that at some point the building industry would recover and resume building
homes.
Last October, in light of indicators that new home sales were picking up, Old River Road
LLC submitted the last needed documentation to the City requesting the Annexation be
approved. This application was bluntly faced with the acknowledgment by the City and
County that no annexations are being approved because of a dispute between these
agencies as to how the property tax is to be apportioned upon annexation.
Old River Road, LLC has built and sold approximately 155 homes in the first tract of this
500 plus lot multiple tract development. As required by the first tract they have
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completed half of the full multi -tract length of collector streets Berkshire and Old River
and undergrounded half of the full multi -tract length of the high- pressure gas pipeline.
They have oversized utilities and extended them beyond project boundaries to continue
with the development. The owners are conditioned upon building a 8 -acre public park,
which currently straddles City and County property lines and is being delayed because
the surrounding properties are not developed and not generating maintenance support.
The owners have spent millions purchasing and carrying the 99 acres pending annexation
and thousands more processing the zoning change and annexation. They have removed
or disabled water pumps and irrigation facilities so the land has no agriculture value and
cannot be leased. All of these costs were expected to be expensed over a project
consisting of more than 500 homes sales not 155.
At a time when new home sales are significantly improving and the forecast for the
building industry is showing a firm recovery Old River Road LLC is effectively stopped
from developing this project because of a dispute between the two governing agencies.
The owners chose this project, among three, to actively build over these last devastating 5
years with the expectation that it could sustain an income stream to support the carrying
of the other land owned in the more remote or less desirable areas of Bakersfield. If
caught up in a lengthy lawsuit between these agencies it would be a disastrous outcome
for the owners. Because of the annexation moratorium the property has no realized value
at this time and the company projections are now miscalculated and unreliable.
The 99.5 acres subject of Annexation 517 is an island surrounded by land already
annexed to the City. The City has already approved the 'Lone Change, General Plan
Amendment and Mitigation/Conditions of Approval. When this land is in the City and
development begins many beneficial and needed public improvements will be completed.
Jobs will flourish for many years and the revenue generated will assist public agencies in
maintaining improvements.
Because of the above reasons, we ask that Annexation 517 be an exception to the current
annexation moratorium and be approved by both the City and County under the same
terms as previous annexations. This can be done without waiving any rights or setting
precedent as to legal positions taken by the City or County. If you have any questions or
wish to discuss this matter further please contact Gary Axelsen at 805- 441 -2002.
Regards,
Warren Sanders, ld River Road LLC
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