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
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