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Home My WebLink AboutRES NO 076-08RESOLUTION NO. O 7 6 _ O RESOLUTION ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 2, DIVISION 32 (SOUTH MILL CREEK MIXED-USE PROJECT). WHEREAS, by Resolution of Intention No. 1590, adopted on March 26, 2008, a public hearing was called for May 21, 2008, 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 32 (South Mill Creek), 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 32", 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 32 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, 2009 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 32. 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 O~gAKF9 T C:\DOCUME~1\plawrenc\LOCALS-1\Temp\XPGrpWise\2-32SSouthMillCreekEstab.DOC ~ m J b QRI(;INAL District No. 2, Division 32, 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 32. 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---------- S:\PROJ ECTS\Underground\ResEst\2-32SSouthMillCreekEstab. DOC o`~~AKF9~' T '" m 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 MAY 2 t 2008 by the following vote: YES: N~ COUNCILMEMBER CA SON, BEfVHAM, WEIR, COUCH, HANSON, SUL IL V N, SCRI NV ER COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER ,CTYLQ y , ' 11./ PAMELA A. McCARTHY, CM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: B~ JUN 2 5 ~OQs APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By %~~ ~~~~~~ ROBERT SHERFY ~~ Deputy City Attorney Exhibits A & B phs o~OAK~~ n } S:\PROJECTS\Underground\ResEst\2-32SSouthMillCreekEstab.DOC , r vORIGINA~ LEGAL DESCRIPTION UNDERGROUND UTLITY DISTRICT N0.2, DIVISION 32 (SOUTH MILL CREEK) Those portions of Sections 30 and 31, Township 29 South, Range 28 East, Mount Diablo Base and Meridian, in the City of Bakersfield, County of Kern, State of California, more particularly described as follows: Commencing at the South quarter corner of said Section 30, said point also being the centerline intersection California Avenue and P Street; thence Westerly along the south line of said Section 30, and said centerline of California Avenue, a distance of 91.25 feet to a point 50 feet west of the west right of way line of said P Street, said point also being the TRUE POINT OF BEGINNING; Thence (I) Northerly along a line SO feet west of and parallel to said west right of way line of P Street, a distance of 376.24 feet, more or less, to a point on the centerline of 13`~ Street; Thence (2) Northeasterly and along multiple curves 50 feet west of and parallel to the west right of way line of Q Street and the prolongation thereof, a distance of $$2.57 feet, more or less; Thence (3) Easterly, a distance of 875.50 feet, more or less, to a point 50 feet east of the east right of way line of S Street; Thence (4) Southerly along a line 50 feet east of and parallel to said east right of way line of S Street, a distance of 1,264.25 feet, more or less, to a point 50 feet south of the south right of way line of said California Avenue; Thence (5) Westerly along a line 50 feet south of and pazallel to said south right. of way line of California Avenue, a distance of 1,222.0 feet, more or less, to a point 50 feet west of said west right of way line of P Street; Thence (6) Northerly along aforementioned line 50 feet west of and parallel to the west right of way line of P Street, a distance of 111.88 feet, more or less, to the POINT OF BEGINNING. Containing 30.5 Acres, more or less END OF DESCRII'ITION EXHIBIT "A" o~~AK~9`t'-r~ ~- m JORIGINAI~ EXHIBIT "B" UNDERGROUND UTILITY DISTRICT NO. 2, DIVISION 32 (SOUTH MILL CREEK) BLOCK 332 { BLOCK 333 ~3~ BLOCK 334 ~ BL OCK 335 ~ ~ 1 BLOCK 347 BL K 3 BLOCK 4 ( !~! L K 344 14 TH STREE T / ' ~4) ~ - - - - ---I ~ r t2) BLOC 7 /'~ ~~ ~ W ~ BLOCK 373 LOCK 374 ~I " BL K 375 9 °C~ a~ ~ 13TH STREET ' ~ ~ _ _ _ _ _ - -- I T _ _ ~ ~ i 5, I I I ~1 ~ o, ~ ~ l BLOCK 387 ' ~ ~ ~ I BL K 386 I I BLOCK 385 I 1 .O.. Sl/4 SEC. 30 _ ~ ~'$e _ _ CALIFORNIA AVENUE] _ P.O.B. ~ T29S, R28~ ~ ~ SEC. 31 , , _ T295, R28E 5 , DATE: 1-i5-oa CITY OF BAKERSFIELD NORTH DRAWN; Jc CALIFORNIA ~ NOT TO SCALE CHECKED: EN6INEERIN6 DEPARTMENT o`` ~ KF9~ J r ORIGINAL