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Home My WebLink AboutRES NO 138-09 RESOLUTION NO. 1 3 8- 0 9 RESOLUTION ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 2, DIVISION 33 (CALIFORNIA - "S" TO UNION). WHEREAS, by Resolution of Intention No. 1651, adopted on November 18, 2009, a public hearing was called for December 16, 2009, at the hour of 5:30 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 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, within that certain area described in Exhibit "A", attached hereto; and, WHEREAS, notice of such hearing has been given to all affected property owners as such are shown on the last equalized assessment roll and to all utilities concerned in the manner and within the time required by law; and, WHEREAS, such hearing has been duly and regularly held, and all persons interested have been given an opportunity to appear and be heard. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that, pursuant to Chapter 12.32 of Title 12 of the Municipal Code of the City of Bakersfield, the above described area is hereby declared an underground utility district and is designated as Underground Utility District No. 2, Division 33 (California - "S" to Union), of the City of Bakersfield. Attached hereto, marked Exhibit "B", and hereby incorporated as a part of the Resolution, is a map or diagram entitled as follows: "UNDERGROUND UTILITY DISTRICT NO. 2, DIVISION 33", delineating the boundaries of said District. BE IT FURTHER RESOLVED that the electric utility which undertakes underground installation of its facilities shall use the underground conversion allocation computed pursuant to decisions of the Public Utilities Commission of the State of California for the purpose of providing to each of the premises in Underground Utility District No. 2, Division 33 a maximum of one hundred feet of individual electric service trenching and conductor, as well as backfill, paving and conduit. BE IT FURTHER RESOLVED that the Council does hereby fix October 7, 2011 as the date on which all affected utilities must have all facilities installed, and have completed removal of all poles, overhead wires and facilities for supplying electric, communication, cable television or similar or associated services within Underground Utility District No. 2, Division 33. BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within Underground Utility S:\PROJECTS\Underground\ResEst\2-33_California _Estab.DOC - ORIGNtlAL District No. 2, Division 33, of the adoption of this Resolution within ten (10) days after the date of such adoption. Such notification shall be made by mailing a copy of this Resolution to all affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. BE IT FURTHER RESOLVED that the Council hereby finds and determines as follows: 1. The public necessity, health, safety or general welfare requires the removal and undergrounding of poles, overhead wires and associated overhead structures within Underground Utility District No. 2, Division 33. 2. The underground Utility District herein created is in the general public interest for the reason that the streets, roads or rights-of-way in the District are extensively used by the general public and carry a heavy volume of pedestrian and vehicular traffic. 3. The Underground Utility District herein created is to avoid or eliminate an unusually heavy concentration of overhead utility facilities. 000---------- ~k~AKF9 m ~ r SAPROJECTS\Underground\ResEst\2-33_California_Estab.DOC p HEREBY CERTIFY that the foregoing Resolution was passed and adopted by Council of the City of Bakersfield at a regular meeting thereof held on DEC 16 2009 , by the following vote: ✓ % ✓ t/ YE COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, SULLIVAN, SCRIVNER N S: COUNCILMEMBER ABSIAIN: COUNCILMEMBER ABSEN COUNCILMEMBER PAMELA A. McCARTHY, CIWO CITY CLERK and Ex Officio rk of the Council of the City of Bakersfield APPROVED: DEC 16 2009 By HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY OSHUA RUDNICK J eputy City Attorney Exhibits A & B MPS tri G:\sub\SHAREDU'ROJECTS\Underground\ResEst\2-33 California_Estab.DOC CU C7 ORRGNAL Exhibit "A" Those portions of Sections 30 and 31, Township 29 South, Range 28 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 Southeast corner of said Section 30, said Section 30, said point also being the intersection of California Avenue and Union Avenue, as shown on Parcel Map No. 4615, recorded April 5, 1978 in Book 20 on Page 142, thence West along the centerline of California Avenue a distance of 57.75 Feet to the prolongation of the east property line of Lot 11 of California Avenue Park Tract No. 2, recorded March 30, 1925, said point being the TRUE POINT OF BEGINNING; Thence (1) Southerly along the East property lines of Lots 1-11 of said map, to the Southeast corner of Lot 1 of said map; Thence (2) Westerly along the South property lines of Lots 1 and 22 of said map to the Southwest corner of Lot 22 of said map; Thence (3) Northerly along the West property lines of Lots 12-22 of said map a distance of 615.75 Feet, more or less, to a point on the west property line of Lot 12 of said map, said point also being the intersection of the West property line of said Lot 12 and the prolongation of the North Property line of Parcel 4 of Block 8 of the Re-subdivision of Blocks 3-4 and 5 California Avenue Park Tract No. 2, recorded October 19, 1925; Thence (4) Westerly along the north property line of said Lot 4 to the northwest corner of said lot; Thence (5) Southerly along the east property line of Lot 6 of Block 8 of said map to the southeast corner of said lot; Thence (6) Westerly along the south property lines of Lots 6 through 17 of Block 8 of said Map to the centerline of "T" Street; Thence (7) Northerly along the centerline of "T" Street a distance of 42.20 Feet, more or less to the prolongation of the south property line of Lots 1-8 of Block 12 of the Map of the City of Bakersfield filed for record on November 25, 1898 in Map Book 1, pages 13 and 14; Thence (8) Westerly along the south property line of said Lots to the southwest corner of Lot 8 of Block 12 of said Map; Thence (9) Northerly along the west property line of said Lot, also being the east right-of-way of "S" Street, to the Northwest corner of Lot 5 of Block 384 of said Map; S:\PROJECTS\Underground\Legals\California.doc r Thence (10) Easterly along the north property lines of Lots 5-10 of Block 384 of said Map to the Northeast corner of said Lot 10; Thence (11) Northerly along the east property lines of Lot 1 of Block 384, Lots 1 and 10 of Block 375 of said Map to the Southeast corner of Block 344 of said Map; Thence (12) Westerly along the South property line of Block 344 of said Map, also being the North Right-of-Way line of 141" Street (abandoned); Thence (13) Northerly along the West property line of Block 344 of said Map, also being the East Right-of-Way line of "S" Street to the Southeast corner of that Parcel described in that Grant Deed recorded on March 24, 2006 as Document No. 0206070602; Thence (14) Easterly along the South property line of said Parcel to the most Westerly corner of Parcel 2D as described in that Quit Claim Deed recorded on September 18, 2001 as Document No. 0201136896; Thence (15) Easterly along the South property line of said Parcel 2D along various courses to the southeast corner of said parcel said point also being on the West Right-of-Way line of Union Avenue; Thence (16) South along the West right-of-way line of Union Avenue a distance of 98.20 Feet to the Northeast corner of Parcel 1 of Parcel Map 4615 recorded April 5, 1978 in Book 20 of Parcel Maps at Page 142; Thence (17) Easterly along the North property line of said Parcel to the Northwest corner of said Parcel; Thence (18) Southerly along various courses of the West property line of Parcels 1 and 2 of said Parcel Map to the Southeast corner of said Parcel 2; Thence (19) Easterly along the South property line of said Parcel 2, a distance of 475.00 Feet, to a corner on said South property line; Thence (20) South along a property line of said Parcel 2, a distance of 40.00 Feet to a corner on the South property line of said Parcel 2; Thence (21) East along the South property line of said Parcel 2 to the Southeast corner of said Parcel 2, also being a point on the West Right-of-Way line of Union Avenue; Thence (22) Southerly along the West Right-of Way line of Union Avenue to the TRUE POINT OF BEGINNING; 4,9 ,AK4~. S:\PROJECTS\Underground\Legals\California.doc Exhibit "B" Underground Utility District No. 2, Division 34 (California - "S" to Union) 14) (15) (15) (133) 7) (1 (12) (18) 30 29 (19) (11) (20) (21) z O z v, (22) (10) POC CALIFORNIA POB O O (4) (1) 31 (3) 32 (2) L 7~ 7 F DATE: 10-13-2009 City of Bakersfield N California BY: MPS CHECKED: BBU Engineering Department Not to sc 091GPA.