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HomeMy WebLinkAboutRES NO 61-82RESOLUTION NO. 61-82 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS WITH RESPECT TO REASONABLE PUBLIC ACCESS WITHIN A REASONABLE DISTANCE OF TRACT MAP 4179-A. WHEREAS, the City Council on February 24, 1982 held a public hearing on the appeal from the Planning Commission decision upon Subdivision Tract Number 4179-A as said decision addressed public access to and along the bank of the Kern River; and WHEREAS, at said hearing, the City Council received public input as to access to and along the banks of the Kern River, including access to portions of the Kern River from the mouth of the Kern Canyon to the Kern River Golf Course; and WHEREAS, after said hearings, the Council determined that if that certain land consisting of approximately four (4) acres on the southeast corner of'the intersection of Rancheria Road and the Kern River was dedicated for public use, and if a portion of a nearby plateau of approximately one (1) acre of land adjacent to Rancheria Road was dedicated for public parking, there would be reasonable access to and along the Kern River within a reasonable distance from Subdivision Tract No. 4179-A; and WHEREAS, said dedications have now been made. NOW, THEREFORE, the Council of the City of Bakersfield finds: 1. That easements consisting of land on the southeast corner of the intersection of Rancheria Road and the Kern River and land adjacent to Rancheria Road were accepted by the City Council on May 12, 1982 and June 9, 1982. 2. That the Kern River is a dangerous river for those not properly equipped or physically capable of handling the often swift and dangerous current. 3. That access to and along the bank of the Kern River within the Subdivision would not be as substantial or as useable as that obtained by the grants of easements hereinabove described. 4. That access to and along the bank of the Kern River within the Subdivision would be limited by the terrain. 5. That greater public access is available through the dedication of the above-described easements. 6. That the above-described access easement is within approximately four hundred (400) feet of Subdivision Tract No. 4179-A, and the above-described parking easement is within approximately three hundred fifty (350) feet of that access easement. 7. That access to and along the bank of the Kern River within the Subdivision would subject private property to unnecessary trespass potential and create the need for the erection of unsightly fences to control trespassing. 8. The easements hereinabove described contain natural barriers to prevent or diminish the potential for trespass on private property. 9. That recreational uses facilitated by the dedication of access to and along the bank of the Kern River within the Subdivision would be very limited due to the topography of the terrain. 10. That recreational uses, greater than those which could be obtained through dedication of access to and along the bank of the Kern River within the Subdivision, are facilitated by the dedicated easements hereinabove described. 11. That many persons use or desire to use the Kern River in the vicinity of Rancheria Road for the purpose of tubing, kayaking and rafting. 12. That the easements hereinabove described provide better access for such activity than could be obtained through the Subdivision. 13. That access to the Kern River without parking would create traffic and public safety problems and limit the number of persons'who would have access to the Kern River at or near Subdivision Tract No. 4179-A. 14. That the dedication of property for parking at Rancheria Road satisfies the immediate needs for parking for persons using the Kern River. 15. That access to and along the bank of the Kern River within Subdivision Tract No. 4179-A is not necessary as reasonable public access is otherwise available within a reasonable distance from said Subdivision. 16. That the Public Works Department is directed to include the following statement on Subdivision Tract Map No. 4179-A: Nickel Enterprises has granted to the City of Bakersfield an easement for public access to and along the bank of the Kern River at the southeast corner of Rancheria Road and the Kern River and an easement for public parking in connection with the ease- ment for river access, which easements were accepted by the City Council on May 12, 1982 and June 9, 1982 and provide reasonable public access within a reasonable distance of this Subdivision. .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 9th day of June, 1982, by the following vote: CIT Ex of · / Council of the Czty of Bakersfield APPROVED as to form: the RJO:mm