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HomeMy WebLinkAboutRES NO 99-77 RESOLUTION NO. 99-77 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD, STATE OF CALIFORNIA, ESTABLISH- ING UNDERGROUND UTILITY DISTRICT NO. 6, CONSISTING OF DIVISIONS 1 AND 2 THEREOF. WHEREAS, by Resolution No. 96-77, adopted on October 12, 1977, a public hearing was called for Wednesday, October 26, 1977, at the hour of 8 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 require 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 those certain areas in the City of Bakersfield, more particularly described in Exhibits "A" and "B", attached hereto and by this reference incorporated herein; and WHEREAS, Notice of such hearing has been given to all affected owners (if any) as such are shown on the last equalized County assessment roll and to all the utility companies concerned, in the manner and within the time required by law by mailing a copy o.f Resolution No. 96-77 to such property owners and utilities at least ten (10) days prior to the date of the public hearing; and WHEREAS, such public hearing has been duly and regularly conducted and held, and all persons interested have been given an opportunity to appear and be heard and evidence pertinent to the hearing has been presented. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield, that pursuant to Chapter 12.27 of Title 12 of the Municipal Code of the City, the above-described areas (Division 1, Exhibit "A" and Division 2, Exhibit "B") are hereby declared an Underground Utility District and are designated respectively, as Division 1 and 2 of Underground Utility District No. 6 of the City of Bakersfield. Attached hereto, marked Exhibits "C" and "D", and hereby incorporated as a part of this Resolution is a map or diagram entitled Division 1 - Underground Utility District No. 6. (Exhibit "C") and a map or diagram entitled Division 2 - Underground Utility District No. 6 (Exhibit "D"), delineating respectively the boundaries of each of said Divisions of said District No. 6. RESOLVED, FlIRTHER, that as to Division No. 1, that the Council does hereby fix March 31, 1978, as the date on which any affected property owners must be ready to receive underground service, and does hereby order the removal of all poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, cable television or similar or associated service within Division No. 1 of Underground Utility District No. 6 no later than April 30, 1978. RESOLVED, FURTHER, that as to Division No. 2, that the Council does hereby fix October 31, 1978, as the date on which any affected property owners must be ready to receive underground service, and does hereby order the removal of all poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, cable television or similar or associated service within Division No. 2 of Underground Utility District No. 6 no later than January 31, 1979. RESOLVED, FURTHER, that the City Clerk is hereby instructed to notify all affected utility companies and all persons owning real property (if any) within both Division No. 1 and Division No. 2 of Underground Utility District No. 6, of the adoption of this Resolution within ten (10) days after the date of such adoption. Said City Clerk shall further notify said property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, cable television or other similar or associated service, they or such occupant shall, by the date fixed in this 2. Resolution, provide all necessary facility changes on their premises so as to receive service from the lines of the supplying Utilities at a new location, subject to applicable rules, regula- tions and tariffs of the respective Utility or Utilities on file with the Public Utilities Commission of the State of California. Such notification shall be made by mailing a copy of this Resolu- tion, together with a copy of Chapter 12.27 of Title 12 of the Municipal Code of the City of Bakersfield, to all affected property owners as such are shown on the last equalized assessment roll and to the affected Utilities. · RESOLVED, FURTHER, that the City Council finds, determines and declares as follows: (1) That the public necessity, health, safety or general welfare requires the removal and undergrounding of poles, overhead wires and associated overhead structures within Divisions 1 and 2 of Underground Utility District No. 6. (2) The Underground Utility District herein created, consisting of Divisions 1 and 2 thereof, is in the general public interest for the reason that the streets, roads or rights- of-way in such District are extensively used by the general public and carry a heavy volume of pedestrian and vehicular traffic. o0o 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 the 26th day of October, 1977, by the following vote: AYES: COUNCILMEN4~4~g~, CHRISTENSEN, MEDDERS, RATTY, ~ SCEALES, STRONG NOES: COUNCILMEN: L,q(,~.O,p,__e~ ~ AsseNt: COUN"a'~N: I Y,; Clerk of the CCouTncil of the City~f Bakersfield 1977 CITY ATTORNEY of the ~i/ty o'~ Bakersfield DIVISION 1 tINDERGROUND UTILITIES DISTRICT NO. 6 A parcel of land situate in the City of Bakersfield, County of Kern, State of California, being a portion of the Southeast quarter of Section 26, Township 29 South, Range 27 East, M.D.M., more particularly described as follows: Commencing at the intersection of the centerline of Oak Street with the centerline of 19th Street; Thence South 0° 49' 02" East along the centerline of Oak Street a distance of 1036.37 feet; Thence South 75° 41' S8" West a distance of 63.42 feet to a point in the westerly right-of-way line of Oak Street; Thence North 2° S2' 48" East along said westerly right-of-way line a distance of 19.62 feet to the True Point of Beginning for this description, said point also being the northeast corner of Parcel No. 1 of Parcel Map No. 1296 recorded August 30, 1975 in Book 6 of Parcel Maps at Page 195 in the Office of the County Recorder; Thence along the northerly line o~ said Parcel No. 1 the following 2 courses; South 89° 47' 02" West a distance of 215.74 feet to the beginning of a tangent curve concave to the Southeast having a radius of 75.00 feet; Thence Southwesterly along said curve through a central angle of 42° S0' 25" an arc distance of S6.08 feet; Thence South 89° 47' 02" West a' distance of 91.41 feet to the beginning of a tangent curve concave to the Northeast having a radius of 1040.00 feet; Thence Westerly along said curve through a central angle of 9° 25' 43", an arc length of 171.14 feet; Thence North 0° 00' 44" West a distance of 5.95 feet; Thence South 89~ 48' 18" West a distance of 3'2.68 feet to a point on a non-tangent curve concave to the Northeast having a radius of 1040.00 feet, from which point the radial line of said curve bears North 11° 02' 30" East; Thence Northwesterly along said curve through a central angle of 6° 32' 08" an arc distance of 118.63 feet; Thence North 72° 25' 22" West a distance of 133.94 feet; Thence North 41° 55' 05" East, a distance of 87.81 feet; Thence South 72° 25' 22" East, a distance of 97.75 feet to the beginning of a tangent curve concave to the Northeast having a radius of 960.00 feet; Thence along said curve through a central angle of 17° 47' 36" an arc distance of 298.13 feet; Thence North 89° 47' 02" East a distance of 249.69 feet to the beginning of a tangent curve concave to the Southwest having a radius of 1040.00 feet; Thence Easterly along said curve through a central angle of S° 17' 45" an arc distance of 96.13 feet; Thence North 61~ 29' SO" East a distance of 17.88 feet to intersect the Westerly right-of-way line of Oak Street; Thence South 4° 30' S2" West along said westerly right-of-way line a distance of 64.24 feet to the True Point of Beginning. Containing 1.319 Acres EXHIBIT "A" DIVISION 2 · tINDERGROUND UTILITIES DISTRICT NO. 6 A parcel of land situate in the City of Bakersfield, County of Kern, State of California, being a portion of Sections 25 and 26, Township 29 South, Range 27 East, M.D.M., more particularly described as follows: Beginning at th~ intersection of the west right-of-Way line of Oak Street as shown on Parcel Map 1296, recorded'August 30, 1973 in Book 6 of Parcel. Maps at page 195 in the Office of the County Recorder, with the westerly extension of the northerly right-of-way line of Truxtun Avenue {Railroad Avenue) of 115.5 feet in width as ~h~n on the map of the City of Bakersfield recorded November 25, 1898 in ~o~k 1 of maps at page 13 in the Office of the County Recorder; Thence easterly along last named northerly right-of-way line a distance of S215 feet more or less to intersect the west right-of-way line of H Street as shown on said map.of Bakersfield; Thence southerly along last named west right-of-way line a distance of llS.S feet to intersect the south right-of-way line of said Truxtun Avenue; Thence westerly along last named south right-of-way line a distance of 5216 feet more or less to intersect the westerly right-of-way line of said Oak Street; Thence along the westerly right-of-way line of Oak Street the following 2 courses: North 0* 35' 40" East a distance of 60.66 feet; Thence North 03* 41' 50" East a distance of 54.96 feet to the Point of Beginning. Containing I3.83 acres. more or less. EXHIBIT "B" ,UNDERGROUND UTI DIV,,,t~IOI E, XHI ...................................................................... /: ..... ._SC..A~_E.: r'-Zoo' ,"' ~ ," 205. ?0' II /,, II /I {69,]4~)I', 200' ~ 209' 644.70' 652.6' ,, ~, .NO. 6 UT 30' ~ginning/