HomeMy WebLinkAboutROI NO 1161RESOLUTION OF INTENTION NO. 1161
A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO
ORDER THE VACATION OF THE ~33 FOOT WIDE ALLEY OVALL
STREET) IN BLOCK 247 IN THE CITY OF BAKERSFIELD.
WHEREAS, M1LAZZO & ASSOCIATES, ARCHITECTS, on behalf of THE LEE
DEVELOPMENT GROUP LLC, submitted a request for vacation of the 33 foot wide alley (Wall
Street) in Block 247 in the City of Bakersfield; and
WHEREAS, for the above-described project, it was determined that the proposed vacation
is exempt fi.om CEQA according to Section IV.b-3 (f) (City Implementation Procedures) in that there
is no possibility that the alley right of way vacation and proposed use could have a significant effect
on the environment; and
WHEREAS, at its meeting on June 5, 1997, 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, 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.
This resolution is adopted pursuant to Division 9, Part 3, Chapter 3 of the Streets and
Highways Code of the State of California.
The Council intends to order the vacation of the 33 foot wide alley (Wall Street) in
Block 247 in the City of Bakersfield, County of Kern, State of California, more
particularly described as follows:
All of the 33 foot wide public alley (Wall Street) in Block 247 bounded westerly by
the east fight of way line of "K" Street and bounded easterly by the west right of way
line of"L" Street as streets and blocks are shown on "Map of the City of Bakersfiald"
filed for record November 25, 1898 in the office of the Kern County Recorder.
A nonexclusive easement shall be reserved for public utilities purposes in, under, over
and upon the entire above described alley right of way area. Full access for utilities
shall be maintained to the greatest extent possible.
Any supereeded or diminished portion of the reserved public utilities easement (Item
4) within said vacated alley shall automatically terminate and be abandoned as an
easement when the applicant provides the following:
Applicant shall relocate the existing public utilities to the effected utility company's
satisfaction and to City of Bakersfield standards and acceptance.
Dedication of an adequate easement for any relocated public utility facilities extending
through private property with alignment and width thereof approved by the City of
Bakersfield.
7:00 P.M. on Wednesday, July 16, 1997, in the Council Chambers, City Hall, 1501
Tmxtun 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.
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.
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, within fi~een (15) days after its passage.
ORIGINA!
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 -JIJN 2 ~, ~,997 , by the following
vote:
AYES: COUNCtLMEMBER DeMOND, CARSON, SMITH, McDERMOTt, RO,h'~, SULLtVAN, SALVAGGIO
NOES: COUNCILMEMBER_
,~STNN: COUNCILMEMBER
ARSENT: COUNCILMEN~ER_
APPROVED
JUN 2 5 ~
CITY CLERK AND EX OFFICIO ~2LERK
of the Council of the City of Bakersfield
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY K. SKOUSEN
City Attorney
G:~RESOLUTB1997~1161
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ORIGINAL
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VACATION OF THE :5;5 FOOT
WIDE ALLEY IN BLOCK ?_47