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Home My WebLink AboutRES NO 139-09 RESOLUTION NO. 139- 09 RESOLUTION ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 2, DIVISION 34 (CALLOWAY DRIVE - HAGEMAN ROAD TO MEACHAM ROAD). WHEREAS, by Resolution of Intention No. 1652, 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 34 (Calloway Drive - Hageman Road to Meacham Road), 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 34", 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 34 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 July 1, 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 34. 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 ~.~aKF9 t~ ' m t c yg r✓ S:\PROJECTS\Underground\ResEst\2-34_Calloway Estab.DOC District No. 2, Division 34, 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 34. 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---------- 7 N.. L1 S:\PROJECTS\Underground\ResEst\2-34_Calloway Estab.DOC 3 GKA HEREBY CERTIFY that the foregoing Resolution was passed and adopted by Council of the City of Bakersfield at a regular meeting thereof held on `DE, I , ?nno , by the following vote: YE COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, i SULLI AN, SCRI NER NOES: COUNCILMEMBER AB&TAI COUNCILMEMBER BSENT• COUNCILMEMBER M VVINIV J PAMELA A. McCARTHY, CM CITY CLERK and Ex Officio CI k of the Council of the City of Bakersfield APPROVED: DEC 1 6 2009 ETy- 07 HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY J SHUA RUDNICK eputy City Attorney Exhibits A & B mps G:\sub\SHARED\PROJECTS\Underground\ResEst\2-34_Calloway Estab.DOC c` ^,dMr~, 7 ^'~il h 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'l 1 "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 167.64 Feet on and along the southeast 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 northwest, 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 Lot 11, also being a point on a reverse curve, concave to the south and east with a radius of 50.00 Feet, and a radial to which point bears N 26° 16' 58" W; ~~,AKF9 S:\PROJECTS\Underground\Legals\Calloway.doc Pagel of 4 t' Thence (8) Southerly and easterly along said curve and said right-of-way line through a central angle of 134° 58' 04" an arc 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) N 87° 41'36" W 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"E 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 48'1 8"E a distance of 70.00 Feet along the west right-of-way line for Goldbar Drive; Thence (15) S 0° 28'1 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 N 42° 22' 22" W; 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° 28'1 5"W a distance of 249.63 Feet to a point on the north right-of-way line on Meacham Road; 4~AKF~ S:\PROJECTS\Underground\Legals\Calloway.doc Page 2 of 4 RGMQU Thence (22) N 88° 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° 28'15" 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° 28'15" 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° 34' 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° 28'15" 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' 15" 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° 55'11", 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'l 0" E; Thence (33) along said curve, through a central angle of 19° 55' 11 an arc distance of 8.69 Feet; Thence (34) N 89° 54'59" W a distance of 90.02 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 308.57 Feet to a point on the south right-of-way line of Hageman Road; S:\PROJECTS\Underground\Legals\Calloway.doc Page 3 of 4 G C3 O~i'GNV4L Thence (36) S 84° 19' 38" E a distance of 5.09 Feet; and Thence (37) S 89° 54'59" E a distance of 384.50 Feet to the TRUE POINT OF BEGINNING; $ NKFy S:\PROJECTS\Underground\Legals\Calloway.doc Page 4 of 4 G ORGINA! 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 ) I Li (10) (9) (11) ILL Q LLI O J J Q U 3) EEI ( (1 ) 18 (19) ( 8) (20) (XX) = Course in legal (27) B description (16) e B (21) (22) 24 23 MEACHAM DATE: 10-13-2009 City of Bakersfield N California BY: MPS Engineering Department Not to Seale CHECKED: BBU i r- 1 UP'G~N;4!