HomeMy WebLinkAboutRES NO 132-12�� - 0� a�Icl
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James W. Fitch Assessor— Recorder BEARDSLE
Kern County Official Aecords 11/12/2013
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ORIGINAL.
RESOLUTION NO. 132— 12
A RESOLUTION OF THE COUNCIL ORDERING THE VACATION
OF THE REMAINING PORTION OF THE ALLEY AND ACCESS
EASEMENT BETWEEN 28TH STREET AND THE PREVIOUSLY VACATED
27TH STREET, EAST OF CHESTER AVENUE, AND THE PUBLIC UTILITIES
EAESMENT (PUE) LOCATED IN THE SAME ALLEY BETWEEN 28TH
STREET AND LOT 15 OF BLOCK 487. (WARD 2)
WHEREAS, on WEDNESDAY, October 17, 2012, the Council of the City of Bakersfield,
pursuant to the provisions of the "Public Streets, Highways and Service Easements
Vacation Law," Government Code Sections 8300 et seq. of the Streets and Highways
Code of the State of California, passed and adopted Resolution of Intention No. 1723
declaring its intention to order the vacation of the remaining portion of the alley and
access easement between 28th Street and the previously vacated 27th Street, east of
Chester Avenue, and public utilities easement (PUE) located in the some alley between
28th Street and Lot 15 of Block 487; and
WHEREAS, the Council did fix a time and place for hearing all persons interested
in or objecting to said proposed vacation, which hearing was held on November 28,
2012, after notices of said hearing were duly published and posted as required by law;
and
WHEREAS, for the above - described project, it was determined that the proposed
vacation is exempt from CEQA, pursuant to Section 15061 (b) (3) of CEQA Guidelines
(General Rule) in that there is no possibility that the proposed action could have a
significant effect on the environment; and
WHEREAS, Planning Department approved the vacation on August 15, 2012, per
local ordinance and found it to be consistent with the Metropolitan Bakersfield General
Plan.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as
follows:
The above recitals are true and correct and are incorporated herein.
2. This Resolution is adopted pursuant to Section 8300, et seq, of the Streets and
Highways Code of the State of California,
3. A public utilities easement will be recorded for a new PUE between the southerly
right -of -way of 28th Street and the easterly prolongation of the southerly line of
Lot 15 of said Block 487, prior to the final recordation of this resolution.
November 14, 2012, 3:40 PM
S: \Street Vacations \27th -28th St - SJCH \ROI Final - Resolution.doc
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ORIGINAL
4. The Council orders the vacation of the remaining portion of the alley and access
LQaserpent between 28th Street and the previously vacated 271h Street, east of
Chester Avenue, and public utilities easement (PUE) located in the same alley
between 281h Street and Lot 15 of Block 487, (more specifically described and
illustrated in Exhibit A and Exhibit B, both of which are attached hereto and
incorporated herein), all in the City of Bakersfield, County of Kern, State of
California.
5. The City Clerk shall certify to the passage of this resolution and shall cause a
certified copy hereof, attested by the Clerk under the seal of the City, to be
recorded in the Office of the County Recorder of the County of Kern, California,
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November 14, 2012, 3:40 PM
S: \Street Vacations \27th -28th St - SJCH \ROI Final - Resolution.doc
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HERkBY CERTIFY that the foregoing
Council of the City of Bakersfield
HOV 2 8 2012 by the following vote
COUNCILMEMBER:
NOES: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
SEAN'.-' COUNCILMEMBER:
Resolution was passed and adopted, by the
at a regular meeting thereof held on
SALAS BENHAM, WEIR, HANSON, L JOH SN ON
AL�4- '2�
ROBERTA GAFFORD, CM
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED N0V 21012
HARVEY` L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Att ey
By:
ANDREW HEGLU D
Deputy City Attorney
Attachments: Exhibit "A"
Exhibit "B"
November 14, 2012, 3:40 PM
S: \Street Vacaflons \27th -28th St - SJCH \ROI Final - Resoluflon.doc
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EXHIBIT "A"
ALLEY, ACCESS AND PUBLIC UTILITY EASEMENT VACATIONS
LEGAL DESCRIPTION
BEING THOSE EASEMENTS WITHIN PORTIONS OF 27TH STREET (VACATED), BLOCK 487
AND BLOCK 514 PER MAP OF THE CITY OF BAKERSFIELD FILED NOVEMBER 25, 1898 IN
BOOK 1 OF MAPS AT PAGES 13 AND 14, IN THE OFFICE OF THE KERN COUNTY
RECORDER, ALSO BEING THOSE PORTIONS OF THE SOUTHWEST QUARTER OF
SECTION 19, TOWNSHIP 29 SOUTH, RANGE 28 EAST, M.D.M., CITY OF BAKERSFIELD,
COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
THE ALLEY WITHIN SAID BLOCK 514 BETWEEN THE SOUTHERLY RIGHT -OF -WAY LINE
OF 28TH STREET AND THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF
THE SOUTHERLY 15.00 FEET OF LOT 17 WITHIN SAID BLOCK 514.
THE PUBLIC UTILITY EASEMENTS WITHIN SAID BLOCK 514, SAID BLOCK 487 AND 27TH
STREET (VACATED) BETWEEN SAID BLOCKS LYING BETWEEN THE SOUTHERLY
RIGHT -OF -WAY LINE OF 28TH STREET AND THE EASTERLY PROLONGATION OF THE
SOUTHERLY LINE OF LOT 15 OF SAID BLOCK 487.
THE ACCESS EASEMENT RESERVED WITHIN BLOCK 514 AND 27TH STREET (VACATED)
PER CITY OF BAKERSFIELD RESOLUTION RECORDED APRIL 19, 2011 AS DOCUMENT
NO. 0211050633, OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY
RECORDER.
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RESOLUTION NO. 033 -11
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UTILITY NO. 0211050633, O.R.
EASEMENT EXISTING ALLEY OF BLOCK 487
PER MAP OF C.O.B. FILED IN
BK. 1, PGS. 15 -16 TO REMAIN
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PER CERTIFICATE OF
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DOC. No. 0211172508, O.R.1
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PER CITY OF BAKERSFIELD
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RESOLUTION NO. 104 -11
VACATED ACCESS
DOC. NO. 0211146131, O.R.
EASEMENT
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JOB NO. 11-017
Mclwm SAN JOAQUIN COMMUNITY HOSPITAL DATE: 07 /10/12
&A&ioaAm 91 ALLEY, ACCESS AND P.U.E. VACATION FILE N0. 11017EMg10AK
C" " SMA CA 6 BETWEEN 26TH STREET AND 28TH STREET AREA: BY: JM /Eels
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