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HomeMy WebLinkAboutROI NO 1134RESOLUTION OF INTENTION NO. 1134 A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO ORDER THE VACATION OF THE 33 FOOT WIDE ALLEY IN BLOCK 350 (BETWEEN 14TH STREET AND THE A.T.&S.F. RAILWAY, FROM "M" STREET TO "N" STREET) IN THE CITY OF BAKERSFIELD. WltEREAS, Ray Trichell submitted a request for vacation of the 33 foot wide alley in Blocks 349 and 350 (between 14th Street and the A.T. & S.F. Railway, from "M" Street to "O" Street) in the City of Bakersfield; and WItEREAS, at its meeting on December 2, 1993, the vacation was duly heard and considered by the Planning Commission and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan. NOW, THEREFORE, PURSUANT TO THE PROVISIONS OF SECTION 8300, ET SEQ., OF DMSION 9, PART 3 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are tree and correct and are incorporated herein. 2. Pursuant to Chapter 3 of Park 3 of Division 9 (commencing with Section 8320) of the Streets and Highway Code of the State of California, the Council f'mds that the alley in Block 350 is not necessary for present or prospective public use. 3. The Council intends to order the vacation of a 33 foot wide in Block 350 (between 14th Street and the A.T. & S.R. Railway, form "ICI" Street to "N" Street) in the City of Bakersfield, County of Kern, State of California, more particularly described as follows: All of the 33 foot wide alley extending through Block 350 as shown on "Map of the City of Bakersfield, Kern County, California", filed November 25, 1898 in Map Book 1, pages 13 and 14 in the office of the Kern County Recorder. 4. The vacation proceeding will be conducted pursuant to Chapter 3 of Part 3 of Division 9 (commencing with Section 8320) of the Streets and Highway Code. 5. A nonexclusive easement and right of way shall be reserved for public utilities and municipal services facilities to lay, construct, operate, maintain, repair, reconstruct, change the size of or remove pipelines, conduits, cable, wires, poles or any other structures, f'gtures or equipment, in, under, across, over and upon the entire area in above described alley. 6. Pursuant to Chapter 3 of Part 3 of Division 9 (commencing with Section 8320) of the Streets and Highway Code of the State of California, the Council finds that the alley in Block 349 may be necessary for present or prospective public use in that the City is anticipating the purchase of parcels in or near this area for parking and expansion of the Convention center complex, and the alley in Block 349 may be necessary and desirable to facilitate operations or circulation should this occur. 7. 7:00 P.M. on Wednesday, February 8, 1995, 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. 8. 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 Califomian 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. 9. The City Clerk shall certify to the passage of this resolution and shall cause the same to be posted on the bulletin board at the City Hall, 1501 Truxtun Avenue, in the City of Bakersfield, California, within fifteen (15) days after its passage. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the..~.ity- of Bakersfield at a regular meeting thereof held on ~11 ~5 , by the following vote: AYES: COUNCILMEI4BER DeMOND, CARSON, SMITH, McDERMOTT, ROWLES, ..... , SLAVAGGIO NOES: com~cxumm~ ~ 5~ ~ ABSENT: COUNCILMEMBER CITY CLERK and Ex O~ficio Clerk of the Council of the City of Bakersfield JAN1 119~ APPROVED I~OR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN, CITY ATTORNEY City of Bakersfield By: ~ ' 3 ~ 5 d VACATION OF THE 55 FOOT WIDE ALLEY IN BLOCK 550 CITY OF BAKERSFIELD CALIFORNIA EN~4NEEI~NG DEPAI%~'MBNT