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HomeMy WebLinkAboutROI NO 1771RESOLUTION OF INTENTION NO. 1771 RESOLUTION OF INTENTION NO. 1771 TO ORDER THE VACATION OF A PORTION OF THE PUBLIC UTILITY EASEMENT (PUE) FOR LOT 132 OF TRACT MAP 6444, PHASE 2 (LOT 132 IS LOCATED ALONG FRANCOIS LANE OF FOUR SEASONS DEVELOPMENT, WHICH IS BORDERED BY PALADINO DRIVE TO THE NORTH AND PANORAMA DRIVE TO THE SOUTH) (WARD 3) WHEREAS, the City has received a request from K. Hovnanian Companies to vacate a portion of the public utility easement as created with Tract Map 6444, Phase 2 within Lot 132 along Francois Lane. (Ward 3); 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, in accordance with Bakersfield Municipal Code Section 2.28.120, the proposed vacation was found to be consistent with the Metropolitan Bakersfield General Plan pursuant to Government Code 65402 by the Planning Director on December 20, 2013. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. 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. The Council intends to order the vacation of a portion of the public utility easement as created with Tract Map 6444, Phase 2 within Lot 132 along Francois Lane (Ward 3), all in the City of Bakersfield, County of Kern, State of California, more particularly described in Exhibit "A" and shown in Exhibit "B" attached hereto and made part hereof. 4. 5:15 PM, or as soon thereafter as the matter may be heard, on Wednesday, February 12, 2014, in the Council Chambers, City Hall, 1501 Truxtun Avenue, Bakersfield, California, is hereby fixed as the time and place when all persons interested in or objecting to the proposed vacation may appear before the City Council and be heard. 5. The City Clerk shall cause notice of the date, hour, and place of said hearing on this Resolution to be published for two successive weeks prior thereto in The Bakersfield Californian and the Superintendent of Streets of the City of Bakersfield, California, shall cause "Notice of Vacation" to be posted as required by Section 8323 of the Streets and Highways Code of the State of California. G: \GROUPDAT \ADMINRPT \2014 \01 -22 \PUE RESO.doc r;'RIGI NAB 6. The City Clerk shall certify to the passage of this resolution and shall cause the same to be posted on the bulletin board at City Hall, 1600 Truxtun Avenue, in the City of Bakersfield, within fifteen (15) days after its passage. --------- - - - - -- 000 --------- - - - - -- AK' �- y � G: \GROUPDAT \ADMINRPT \2014 \01- 22 \PUE RESO.doc F ©RItGINAI.. 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 JAN 2 2 1014 by the following vote: ✓ ✓ ✓ ✓ ✓ ✓ ✓ AYE COUNCILMEMBER: RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON OES: COUNCILMEMBER: N ma ABSTAIN: COUNCILMEMBER: t bnp- ABSENT: COUNCILMEMBER: bkx�!� ROBERTA GAFFORD, COO CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield JAN -2 2 2014 APPROVED HARVEY L. HtihL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City At ney By: 4"- ANDREW HEGLUN Deputy City Attorney Attachments: Exhibit "A" Exhibit "B" G: \GROUPDAT \ADMINRPT \2014 \01- 22 \PUE RESO.doc o P, K' q m r -3-1 ORIGINAL EXHIBIT "A" LEGAL DESCRIPTION OF PUBLIC UTILITY EASEMENT VACATION Being that portion of Lot 132 of Tract No. 6444 Phase 2 in the City of Bakersfield, County of Kern, State of California, as shown on a map filed in Book 57, Pages 12 through 16, inclusive, of Maps in the office of the County Recorder of said County, described as follows: Beginning at the southwesterly terminus of that certain curve shown as "0 =101 °40'04" R= 20.00' L= 35.49 "' in the southeasterly boundary of said Lot; thence along said southwesterly and westerly line of said Lot the following two (2) courses: North 77 °44'05" West 78.32 feet and North 00 °35'51" West 10.21 feet to a line which is parallel with and distant 10.00 from the southwesterly boundary of said Lot; thence along said parallel line South 77 °44'05" East 80.38 feet to a point on a radial line from said southwesterly terminus; thence along said radial line South 12 °15'55" West 10.00 feet to the Point of Beginning. Containing an area of 793 square feet, more or less. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. 00, Robert L. Wheeler IV, L.S. 8639 Date: 1 1/ z-,5—// 3 November 25 2013 WO No. 1583- 6444AX Page 1 of 1 6 A KF H &A Legal No. 8184 0� �0"' By: K. Vo m Checked By: R. Wheeler v v 0RIGINA!... I ill 1 4 o� :=..1 FPF EXHIBIT "B" Sketch to Accompany Legal Description a, _ e, .< 1 I 100 EXISTING P.U.E. 8 M.00 eJ s. 10 ' S77 °44 pS.E, S12.1.5 55 W 1 A(77. 78.32' 0.00 h 05 " - - - - -- `�y'SOdJO�1 FRApqCOIS b o IA LANE s2 ( ) INDICATES RECORD DATA PER TRACT NO. 6444, PHASE 2, M.B. 57/12 -16. HUNSAKER & ASSOCIATES i R V I N E , I N C. PUBLIC UTILITY EASEMENT VACATION PLANNING • 0WW4EERING • SURVEYING 7Mae INS . hAnq G 9s1e . Pit I9�q 5e�tano • FX f9 stt3ws9 CITY OF BAKERBFIEI q COUNTY OF KERN, STATE OF CALIFORNIA DA1F 11 25/13 a,7E NONE e'n K. VO ex° R. WHEELER SCALE 10- W W.O.1683 -x444 1: four season bake rsfield I_D 8184 SHTO1.dw HdrA LEt�AI. Na 8184 $HEFT 1 OF v 61 s� r- ?�i�i(ait�lA! AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) ROBERTA GAFFORD, 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 27th day of January. 2014 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1771 passed by the Bakersfield City Council at a meeting held on the 22ndday of January, 2014 and entitled: RESOLUTION OF INTENTION NO. 1771 TO ORDER THE VACATION OF A PORTION OF THE PUBLIC UTILITY EASEMENT (PUE) FOR LOT 132 OF TRACT MAP 6444, PHASE 2 (LOT 132 IS LOCATED ALONG FRANCOIS LANE OF FOUR SEASONS DEVELOPMENT, WHICH IS BORDERED BY PALADINO DRIVE TO THE NORTH AND PANORAMA DRIVE TO THE SOUTH) (WARD 3) ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of BaKersfield DEPU" City Clerk SADOCUMENT\FORMSWOP.ROI.wpd L7 O ORIGINAL