Loading...
HomeMy WebLinkAboutROI NO 1652 RESOLUTION OF INTENTION NO. 1652 RESOLUTION CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY OR WELFARE REQUIRES FORMATION OF AN UNDERGROUND UTILITY DISTRICT WITHIN DESIGNATED AREA - DISTRICT NO. 2, DIVISION 34 (CALLOWAY - HAGEMAN TO MEACHAM) WHEREAS, Chapter 12.32 of the Municipal Code of the City of Bakersfield establishes a procedure for the creation of underground utility districts, and requires, as the initial step in such procedure, the declaration and holding of a public hearing 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 in any such district; and WHEREAS, the underground utility district, hereinafter, called Underground Utility District No. 2, Division 34 (Calloway - Hageman to Meacham) to be formed is described in Exhibit "A", attached hereto. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. NOTICE IS HEREBY GIVEN that the public hearing will be held by and before the City Council of the City of Bakersfield on WEDNESDAY, December 16, 2009, at the hour of 5:30 p.m., or as soon thereafter the matter may be heard, in the Council Chambers of the City Hall at 1501 Truxtun Avenue, Bakersfield, California, to ascertain whether public necessity, health, safety or 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 in the Underground Utility District No. 2, Division 34 (CALLOWAY - HAGEMAN TO MEACHAM). 2. NOTICE IS FURTHER GIVEN that should District No. 2, Division 34 (CALLOWAY - HAGEMAN TO MEACHAM) , be formed, all existing overhead communication and electric distribution facilities therein shall be removed in accordance with the provisions of Chapter 12.32 of the Municipal Code of the City of Bakersfield and the Resolution intended and proposed to be adopted, establishing such District No. 2, Division 34 (CALLOWAY - HAGEMAN TO MEACHAM), at no expense to any property owner served from such overhead distribution facilities. Cost for underground of overhead communication and electric distribution facilities shall be paid for through Rule 20A Funds. Rule 20A conversion allocation funds shall be available for conversion of electric service panels (not to exceed $1,500.00 per service entrance excluding permit fees) to accept the new underground service facilities pursuant to the Public Utilities Commission of the State of California Advice Letter 1930-E. 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 o~gAK~y~ 1 ~ v ORIGIN[, continued from time to time as may be determined by the City council, whose decision shall be final and conclusive. 4. The area proposed to be included in District No. 2, Division 34 (CALLOWAY - HAGEMAN TO MEACHAM) is shown upon that certain map or diagram attached hereto as Exhibit B, which map or diagram is entitled "Underground Utility District No. 2, Division 34 (CALLOWAY - HAGEMAN TO MEACHAM)." HEREBY CERTIFY that the foregoing Resolution was passed and adopted by Council of the City of Bakersfield at a regular meeting thereof held on Nny 1 8 2009 , by the following vote: ----------000---------- HEREBY CERTIFY that the foregoing Resolution was passed and adopted by Council of the City of Bakersfield at a regular meeting thereof held on NOV 18 2009 , by the following vote: ✓ ✓ ✓ L/ t/ YE COUNCILMEMBER: CARSON, BENHAM,' COUCH, HANSON, SULLIVAN, SCRIVNER S: J3 COUNCILMEMBER i1D(\9- AJS1A1tj COUNCILMEMBER Q BSEN COUNCILMEMBER IZ1 C1 ivy, - L- A, nakily-/ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfie NOV 18 2009 APPROVED: HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNA O City Attorney ..4 e By: elf Exhibits A & B Marian P Shaw, Civil Engineer IV ~~AhFy S:\PROJECTS\Underground\ROI\3-34 Calloway Hageman to Meacham.DOC 2 ORIGINA, Exhibit "A" Those portions of Section 19 and 20, T29 South, Range 27 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 northwest corner of said Section 20, said point also being the centerline intersection of Hageman Road and Calloway Drive, thence southerly along the west line of said Section 20, and said centerline of Calloway Drive, a distance of 77.79 Feet, said point also being the TRUE POINT OF BEGINNING; Thence (1) S 89° 31' 45"E a distance of 83.89 Feet to the northern most corner of Lot 16 of Phase 2 of Tract Map 5033 recorded in Book 38, page 16; Thence (2) S 42° 07'1 1"E a distance of 158.29 Feet on and along the northeasterly property line of said Lot 16 to a point on the right of way of Tillamook Drive, also being a point on a non-tangent curve, concave to the northeast, having a radius of 50.00 Feet and to which point a radial line bears N 42° 07'11 "W; Thence (3) Westerly and southerly along said curve and said northerly right-of-way through a central angle of 135° 39'56", an arc distance of 118.38 Feet, to a point on the southeasterly line of Lot 15 of said Phase 2 of Tract Map 5033; Thence (4) S 47° 52'49" W a distance of 167.68 Feet on and along the southwest line of said Lot 15 to the northeast corner of Lot 12 of said Phase 2 of Tract Map 5035; Thence (5) S 57° 20'59"E a distance of 180.33 Feet on and along the northeast property line of said Lot 12 to a point on a non-tangent curve concave to the southeast, having a radius of 590.87 Feet and to which point a radial bears S57 20'59"E, also being a point (on the northwesterly right-of-way line of Spokane Avenue) Thence (6) Westerly and southerly along said curve and said right-of-way through a central angle of 13° 28'31" an arc distance of 138.96 Feet to a point on a reverse curve, concave to the north west with a radius of 25.00 Feet and a radial to which point bears S 70° 49' 30" E, also being on the northwesterly right-of-way for Spokane Avenue; Thence (7) Westerly and northerly along said curve and said northwesterly right-of-way line through a central angle of 44° 32'32" a distance of 19.44 Feet, to a point being the southeast corner of said lot, also being a point on a reverse curve, concave to the north and east with a radius of 50.00 Feet, and a radial to which point bears N 26° 16' 58" W; P, Kel, S:\P ROJ ECTS\U nderg round\Legals\Cal loway. doc Page 1 of V ORiGN,41 Thence (8) Southerly and easterly along said curve and said right-of-way line through a central angle of 134° 58' 04" an are distance of 117.78 Feet to the northeast corner of Lot 9 of said Phase 2 of Tract Map 5033, Thence (9) S 18° 44' 58" W a distance of 119.79 Feet to the southeast corner of said Lot 9; Thence (10) S 87° 41'36" E a distance of 19.79 Feet to the northeast corner of Lot 1 of Phase 1 of Tract 5034 recorded in Book 36, Page 141; Thence (11) S 0° 28'1 5"W a distance of 152.20 Feet along the east property line of said Lot 1 to a point being the intersection of the centerline of Tumwater Avenue and the prolongation of the east property line of said Lot 1; Thence (12) S 89° 31'45"W a distance of 40.99 Feet along said centerline to a point being the intersection of said centerline and the prolongation of the west property line of Lot 7 of said map; Thence (13) S 0° 28'15" W a distance of 775.50 Feet along the west right-of-way line for Goldbar Drive; Thence (14) S2 48'l 8"E a distance of 76.00 Feet along the west right-of-way line for Goldbar Drive; Thence (15) S 0° 28'l 5"W a distance of 80.12 Feet to the beginning of a tangent curve concave Northwesterly having a radius of 25.00 Feet, to which a radial bears S 89° 31' 45" E; Thence (16) along said curve, through a central angle of 47° 09'23", an arc distance of 20.58 Feet to the beginning of a reverse curve, concave Northeasterly having a radius of 50.00 Feet, radial to said point bears S 42° 22' 22" E; Thence (17) Southerly and Easterly along said curve through a central angle of 114° 56' 54", an arc distance of 100.32 Feet to the northeast corner of Lot 16 of Phase 2 of Tract Map 5034, record on Book 36, Page 183; Thence (18) S 22° 40'44"W a distance of 106.62 Feet to the southeast corner of said Lot; Thence (19) S 89° 31'45"E a distance of 109.43 Feet to the Northeast corner of Parcel 1 of Parcel Map 10923, recorded in Book 53 at page 201; Thence (20) S 0° 10'45"W a distance of 249.36 Feet to the Northeast corner of Parcel 5 of said Parcel Map; Thence (21) S 0° 28'l 5"W a distance of 249.63 Feet to a point on the north right-of-way line on Meacham Road; S:\PROJECTS\Underground\Legals\Calloway.doc ~ r Page 2 of 4 ORIGIN!'' Thence (22) N 881 54'11 " W a distance of 252.52 Feet along the prolongation of the north property line to a point on the centerline of Calloway Road; Thence (23) S 0° 28'l 5" W a distance of 12.00 Feet; Thence (24) N 89° 34'30" W a distance of 215.03 Feet to a point on the South property line of Parcel 1 of Parcel Map 11488 as recorded on page 144 of Book 55; Thence (25) N 89° 55'59" W a distance of 227.21 Feet to a point on the west property line of said Parcel 1; Thence (26) N 00° 28'l 5" E along the west property line of said Parcel a distance of 339.08 Feet to the Northwest corner of said parcel; Thence (27) S 89° 31' 30" E along the north property line of said parcel a distance of 314.90 Feet to the southwest corner of Lot 16 of Phase 1 of Tract Map 5504 as recorded on page 102 of Book 39; Thence (28) N 00° 28'l 5" E along the west property line of said lot a distance of 138.62 Feet to a point on the centerline of Tuscarora Drive; Thence (29) S 89° 31'45" W along the centerline of said street a distance of 48.05 Feet to a point on the prolongation of the west property line of lot 15 of said map. Thence (30) N 00° 28'l 5" E a distance of 1,632.73 Feet to the beginning of a reverse curve, concave Southeasterly having a radius of 25.00 Feet, radial to said point bears N 89° 31'45" W; Thence (31) Northerly along said curve through a central angle of 19° 35'l 1", an arc distance of 8.69 Feet to the beginning of a reverse curve, concave Southwesterly having a radius of 92.00 Feet, radial to said point bears S 69° 36'34" E; Thence (32) Northerly along said curve through a central angle of 130° 13'36", an arc distance of 209.11 Feet to the beginning of a reverse curve, concave Northwesterly having a radius of 25.00 Feet, radial to said point bears S 19° 50'10" E; Thence (33) along said curve, through a central angle of 19° 55'l 1", an arc distance of 8.69 Feet Thence (34) N 89° 54'59" W a distance of 146.03 Feet along the north right-of-way of Laurie Avenue to a point on the west property line of Lot 1 of PMW 04-0177 as recorded on Doc# 0204136296; Thence (35) N 00° 28'15" E a distance of 310.34 Feet to a point on the south right-of-way line of Hageman Road; S:\PROJECTS\Underground\Legals\Calloway.doc i= Page 3 of 4 1RIGI1 AL Thence (36) S 84° 19' 38" E a distance of 5.09 Feet; and Thence (37) S 89° 54'59" E a distance of 394.38 Feet to the TRUE POINT OF BEGINNING; S:\PROJECTS\Underground\Legals\Calloway.doc Page 4 of 4 t" t3 ORIGINto Exhibit "B" Underground Utility District No. 2, Division 34 (Calloway - Hageman to Meacham) 1 POC POB 17 HAGEMAN (36) 37 (1) (2) - (35) (3) (33) (4 (34) 32) (5) (31) { ) 7 (8) F-FTT FM - (10) (9) L L (11) Q F-71- -M~ 0 J J (30)' v ( 3) FTIT771 LL (16 (17) 18 (19) ( 8) (20) (XX) = Course in legal (27) 8 description ( 6) 8 (21) (22) (25) (24) 23) MEACHAM DATE: 10-13-2009 City of Bakersfield N 0 ~ BY: MPS California '7R1GiNAL I A CHECKED: BBU Engineering Department Not to Scale Exhibit "B" Underground Utility District No. 2, Division 34 (Calloway - Hageman to Meacham) 1 POC POB 17 HAGEMAN (36) 37 (1) (2) (35) 33) (4 (5) 31) (10) (9) (11) a 0 J J Q U 3) ( (1 ) 18 (19) I J'j ( 8) (20) (XX) = Course in legal [I L (27) B description (26) 8 8 (21) 111(22) 24 23 MEACHAM DATE: 10-13-2009 City of Bakersfield N ~gAkF9~ o California BY: MPS ORIGINAL CHECKED: BBU Engineering Department Not to Scale AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 20th day of November, 2009 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1652, passed by the Bakersfield City Council at a meeting held on the 18th day of November, 2009 and entitled: A RESOLUTION CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY OR WELFARE REQUIRES FORMATION OF AN UNDERGROUND UTILITY DISTRICT WITHIN DESIGNATED AREA-DISTRICT NO. 2, DIVISION 34 (CALLOWAY-HAGEMAN TO MEACHAM) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By: awlid, - - DEPUT City CI rk SADOCUMEMIFORMSWOP. R01.wpd ~ D )RiGINAl