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Home My WebLink AboutRES NO 133-07 RESOLUTION NO. 1 3 3- 0 7 RESOLUTION ESTABLISHING UNDERGROUND UTILITY DISTRICT NO.2, DIVISION 31 (SPORTS VillAGE). WHEREAS, by Resolution of Intention No. 1537, adopted on May 23, 2007, a public hearing was called for June 6, 2007, at the hour of 5:30 p.m. in the Council Chambers in the City Hall, 1501 Truxtun Avenue, Bakersfield, California, to ascertain whether the public necessity, health, safety or general welfare requires the removal of poles, overhead wires and associated overhead structures, and the underground installation of wires and facilities for supplying electric, communication, cable television or similar and associated services, within that certain area described in Exhibit "A", attached hereto; and, WHEREAS, notice of such hearing has been given to all affected property owners as such are shown on the last equalized assessment roll and to all utilities concerned in the manner and within the time required by law; and, WHEREAS, such hearing has been duly and regularly held, and all persons interested have been given an opportunity to appear and be heard. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that, pursuant to Chapter 12.32 of Title 12 of the Municipal Code of the City of Bakersfield, the above described area is hereby declared an underground utility district and is designated as Underground Utility District No.2, Division 31 (Sports Village), of the City of Bakersfield. Attached hereto, marked Exhibit "B", and hereby incorporated as a part of the Resolution, is a map or diagram entitled as follows: "UNDERGROUND UTILITY DISTRICT NO.2, DIVISION 31", delineating the boundaries of said District. BE IT FURTHER RESOLVED that the electric utility which undertakes underground installation of its facilities shall use the underground conversion allocation computed pursuant to decisions of the Public Utilities Commission of the State of California for the purpose of providing to each of the premises in Underground Utility District No.2, Division 31 a maximum of one hundred feet of individual electric service trenching and conductor, as well as backfill, paving and conduit. BE IT FURTHER RESOLVED that the Council does hereby fix December 31, 2008 as the date on which all affected utilities must have all facilities installed, and have completed removal of all poles, overhead wires and facilities for supplying electric, communication, cable television or similar or associated services within Underground Utility District No.2, Division 31. BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within Underground Utility ~ ~~/(~~ <:> ~ ,:).. - I- I"T1 _ r- (.) tI ORIGINAL District No.2, Division 31, of the adoption of this Resolution within ten (10) days after the date of such adoption. Such notification shall be made by mailing a copy of this Resolution to all affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. BE IT FURTHER RESOLVED that the Council hereby finds and determines as follows: 1. The public necessity, health, safety or general welfare requires the removal and undergrounding of poles, overhead wires and associated overhead structures within Underground Utility District No.2, Division 31. 2. The underground Utility District herein created is in the general public interest for the reason that the streets, roads or rights-of-way in the District are extensively used by the general public and carry a heavy volume of pedestrian and vehicular traffic. 3. The Underground Utility District herein created is to avoid or eliminate an unusually heavy concentration of overhead utility facilities. ----------000---------- 2 !( ~~/(C''9 ~ ~ ~ - .... m - ,..... c.) (:) ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by Council of the City of Bakersfield at a regular meeting thereof held on JUN 2 0 ?tltr1 , by the following vote: ~ NOES: ABSTAIN: ABSENT: 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 0 2007 by the following vote: / /v'vv' V / COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTH , MC CITY CLERK and Ex 0 icio Clerk of the Council of the City of Bakersfield APPROVED: JUN 2 0 2007 By APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY BY~~## I ROBERT SHERFY Deputy City Attorney Exhibits A & B mps S:\PROJECTS\Underground\ResEst\2-31 SportsVillageEstab. DOC 3 !( fQAkC'-?, o ~ ~ - .... m o S ORIGINAL LEGAL DESCRIPTION UNDERGROUND UTILITY DISTRICT NO.2, DIVISION 31 A parcel of land situated in the City of Bakersfield and County of Kern, State of California, being the entire Section 33, and portions of Sections 27, 28, 29, 32, and 34, Township 30 South, Range 27 East, plus portions of Sections 3, 4, and 5, Township 31 South, Range 27 East, Mount Diablo Base and Meridian, as shown on Record of Survey Map, filed for record on February 26, 1969, in Book 9 of Record of Surveys at Page 176, in the Office of the Kern County Recorder, and more particularly described as follows: Beginning at a point on the Northwest quarter of said Section 4, said point also, being on the centerline of Gosford Road, and being 117 feet South of the centerline of Taft Highway (State Route 119), and said point being the POINT OF BEGINNING; Thence (I) Westerly, along the line being 117 feet South of and parallel to the centerline of Taft Highway (State Route 119), a distance of 105 feet; Thence (2) Northerly, along the line being 105 feet West of and parallel to the centerline of Gosford Road, a distance of 5,517 feet more or less, to intersect the line being 105 feet North of and parallel to the centerline of McCutchen Road; Thence (3) Easterly, along the line being 105 feet North of and parallel to the centerline of McCutchen Road, a distance of 5,503 feet more or less, to intersect the line being 105 feet East of and parallel to the centerline of Ashe Road; Thence (4) Southerly, along the line being 105 feet East of and parallel to the centerline of Ashe Road, a distance of 5,500 feet more or less, to intersect the line being 117 feet South of and parallel to the centerline of Taft Highway (State Route 119); Thence (5) Westerly, along the line being 117 feet South of and parallel to the centerline of Taft Highway (State Route 119), a distance of5,391 feet more or less, to the POINT OF BEGINNING. Containing 695 Acres, more or less. END OF DESCRIPTION EXHIBIT "A" ~ fQAKC'-?, c ~ .)... - .... m - ,..... to) (:) OfltfQ/NAb EXHIBIT II BII UNDERGROUND UTILITY DISTRICT NO.2, DIVISION 31 SEC. 29 T30S,R27E 1051 SEC. 28 T30S,R27E (3) SEC. 27 T30S,R27E / ' / / /// II McCutchen ~oad ./ ,/' // ,// ,,/ //,// // / // /./ // // // // /// // // / // ",/ / /1 /'/ /../" /. /,/ /,,, ,/1 // // / .// /./ // / // /' ,/ , /" ./ /./ / // ,,/ /' ,/" (2) /'./ / /// ,/ ,/ ./ // / ./ / / // / " SEC. 32 1/ /' /./ / /~/ / / nos, R27E / ,./ // / SEC. 33./ // /' .// //// /T30S, R27E/ / /'/ .,// / / // /' / / I /// /// // // // // / // ,/.// I , 1051 ./ / / / ,// / / / ... / // / / ~/ // ,/ ] i ///// //////// / 1 i ! I ./~// //~// / // u-' / /' ,// / ./ // / / SEC. 34 T30S,R27E (I) I SEC. 5 T31S,R27E (5) <i.Taft Highway (State Route 119) SEC. 4 T31S,R27E SEC. 3 T31S,R27E CHECKED: ENGINEERING DEPARTMENT , NORTH - NOT TO ~lf~~ ~ ~ !:: DRAWN: JC CITY OF BAKERSFIELD CALIFORNIA DATE: 01-02-07 QAJClfHAt.