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HomeMy WebLinkAboutRES NO 96-77RESOLUTION N0. 96-77 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY ORWELFARE REQUIRE FORMATION OF DIVISIONS 1 AND 2 OF UNDERGROUND UTILITY DISTRICT NO. 6, WITHIN DESIGNATED AREAS. WHEREAS, Chapter 12.27 of the Municipal Code of the City of Bakersfield establishes a procedure for the creation of under- ground utility districts, and requires, as the initial step in such procedure, the declaration and holding of a public hearing to ascer- tain whether the public necessity, health, safety or general welfare require the removal of poles, overhead wires and associated over- head structures and the underground installation of wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, cable television or similar and associated services in any such district; and WHEREAS, it is proposed that an underground utility dis- trict, hereinafter referred to as Division 1 and 2 of Underground Utility District No. 6, be formed in those areas in the City, more particularly described in Exhibits '~" and "B" attached hereto and by this reference incorporated herein. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Bakersfield as follows: 1. NOTICE IS HEREBY GIVEN that a public hearing will be held by and before the City Council of the City of Bakersfield, on the 26th day of~October, 1977, at the hour of 8 P. M. in the Council Chambers of the City Hall at 1501 Truxtun Avenue, Bakersfield, California, to ascertain whether the public necessity, health, safety or 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 in Division 1 and Division 2 of Underground Utility District No. 6 described respectively in Exhibits '~" and "B". 2. NOTICE IS FURTHER GIVEN that should Divisions 1 and 2 of District No. 6 be formed, all existing overhead communication and electric distribution facilities therein shall be removed in accordance with the_provisions of Chapter 12.27 of the Municipal Code of the City of Bakersfield and the Resolution intended and proposed to be adopted, establishing Underground Utility District No. 6, consisting of Divisions 1 and 2 thereof; that each property owner within each Division, served from such overhead distribution facilities, will be required to provide, in accordance with, the rules of the Public Utilities Commission of the State of California for underground service, all changes on his premises necessary to receive service from the underground installation of utilities when made available; that each property owner, if not in possession of the affected property, shall notify the occupant thereof; and that the Utilities (as defined in Chapter 12.27 of the Municipal Code) supplying electric, communication, cable television or similar service, will be authorized to discontinue all overhead services. 3. NOTICE IS FURTHER GIVEN that at such hearing all persons interested shall be given an opportunity to appear and be heard. Said hearing may be continued from time to time as may be determined by the City Council, whose decision shall be final and conclusive. 4. NOTICE IS FURTHER GIVEN.that the City Clerk shall notify-all affected property owners as shown on the last equalized county assessment roll, and the Utility companies (Utilities), of the time and place of such hearing by mailing a copy of this Resolution to such property owners, and Utilities concerned, at least ten (10) days prior to the date of such hearing. 5. NOTICE IS FURTHER GIVEN that the areas proposed to be included in Divisions 1 and 2 of District No. 6 (described above) are shown upon those certain maps or diagrams in the office of the City Clerk of the City of Bakersfield, which maps are, respectively entitled "Division 1 - Underground Utility District No. 6" and "Division 2 - Underground Utility District No. 6". -o0o DIVISION 1 UNDERGROUND 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 Streef; Thence South 0° 49' 02" East along the centerline of Oak Street a distance of 1036.37 feet; Thence South 75° 41' 58" West a distance of 63.42 feet to a point in the westerly right-of-way line of Oak Street; Thence North 2° 52' 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, 1973 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 213.74 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° 50' 25" an arc distance of 56.08 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 32.68 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 distahce 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-~rc-dist~n-ce-of--96'~S-fee~5 .......................... 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' 52" 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 :~ UNDERGROUND 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 2S and 26, Towns'hip 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 S0, 197S in Book 6 of Parcel. Maps at page 19S in the Office of the County Recorder, with the 'westerly extension of the northerly right-of-w~!,y line of Truxtun Avenue (Railroad Avenue) of llS.S feet in width as si', .~ on the map of the City of Bakersfield recorded November 2S, 1898 in Dook 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 S21S 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 S216 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' SO" East a distance of S4.96 feet to the Point of Beginning. Containing 13.83 acresmore or less. EXHIBIT "B" 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 12th day of October, 1977, by the following vote: AYES: COUNCILMEN BARTON, CHRISTENSEN, MEDDERS, RATTY, ROGERS, SCEALES, STRONG NOES: COUNCILMEN: ABSENT: COUNCILMEN: ABSTAINING CdUNC, L~bN: the