HomeMy WebLinkAboutRES NO 138-09(1) mnmwww~
RESOLUTION NO. 138-09 (1)
RESOLUTION MODIFYING UNDERGROUND UTILITY
DISTRICT NO. 2, DIVISION 33 (CALIFORNIA - "S" TO
UNION).
WHEREAS, by Resolution of Intention No. 1656, adopted on March 10,
2010, a public hearing for amending Resolution No. 138-09 modifying the boundaries of
Underground Utility District No. 2, Division 33 (California - "S" to Union) was called for
March 24,2010, at the hour of 5:30 p.m. in the Council Chambers in the City Hall, 1501
Truxtun Avenue, Bakersfield, California, to ascertain all property owners and utilities
companies affected by the Amendment and as such are shown on the last equalized
assessment roll will be notified and shall be given an opportunity to appear and be
heard; and
WHEREAS, notice of such hearing has been given to all affected property
owners and utilities companies 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 area as described in Exhibit "A", Legal Description, and
shown in Exhibit "B", District Map, 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, and incorporated hereby as a
part of the Resolution.
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 31 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 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 shall be
at no expense to any property owner served from such overhead distribution facilities.
J rY M .,.,11 V f~;
BE IT FURTHER RESOLVED that cost for underground of overhead
communication and electric distribution facilities shall be paid for through Rule 20A
Funds not to exceed $1500.00 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.
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
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 with
exhibits 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 the modified boundaries of Underground Utility District No. 2, Division
33.
2. The Underground Utility District herein modified and 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 modified and created is to avoid
or eliminate an unusually heavy concentration of overhead utility facilities.
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2
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 MAR 2 4 2010 by the following vote:
✓ ✓ ✓ ✓
AY COUNCILMEMBER: CARSON, BENHAM, WEIR, COUCH, HA SN ON, SUL VAN, SCRIVNER
NOES: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
ABSENT: COUNCILMEMBER: _ nLil
ROBERTA GAFFORD, CMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROV D 4 0
HA EY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
4utveputy -77Z /e~
UA RUDNICK
Cit
y y Attorney
Exhibits A & B
v
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 (l) 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
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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 I 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 14`h 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;
S:\PROJ ECTS\Underground\Legals\California.doc
Exhibit "B"
Underground Utility District No, 2, Division 33
(California "S" to Union)
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(13) (17)
(12) (18)
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DATE: 10-13-2009 City of Bakersfield N
BY: MPS California
CHECKED: BBU Engineering Department Not to St,-;ale r