HomeMy WebLinkAboutROI NO 1275RESOLUTION OF INTENTION NO. 1275
A RESOLUTION OF THE COUNCIL DECLARING ITS
INTENTION TO ORDER THE VACATION OF
STREET FROM "R" STREET TO WEST OF THE KERN ISLAND CANAL
WHEREAS, City of Bakersfield Economic and Community Development Department
submitted a request for the vacation of 5~h Street from "R" Street to west of the Kern Island
Canal; and
WHEREAS, Community Development is assisting The Bakersfield Senior Center in
acquisition of property along the north side of 5th Street on the east side of"R" Street for the
Development of an 80 unit senior housing project; 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, at its meeting on April 19, 2001, the vacation was duly heard and
considered by the Planning Commission and found to be consistent with 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 tree and correct and are incorporated herein.
This Resolution is adopted pursuant to Section 8300, et seq. of the Streets and
Highways Code of the State of California.
The Council intends to order the vacation of 5th Street from "R" Street to west of
the Kern Island Canal in the City of Bakersfield, County of Kern, State of
California, more particularly described as follows:
All of that portion of public street right of way for 5th Street (60 feet in width) in
"Lowell Park Tract" lying between the east right of way line of"R" Street and the
southerly prolongation of the west line of Lot 13 as said street and lot are shown
on map of"Lowell Park Tract" Filed for Record December 30, 1926 in Book 3 of
Maps,Page 184 in the office of the Kern County Recorder.
Nonexclusive easements for public utilities purposes shall be reserved in, under
and upon the south 15 feet of the north 25 feet and the north 20 feet of the south
28 feet of the above described portion of 5t~ Street.
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10.
11.
It is understood that applicant shall provide for relocation of existing public
utilities to the satisfaction and acceptance of the effected utility company and to
City of Bakersfield Standards.
It is further understood that applicant shall provide adequate easements for any
relocated public utilities extending through private property with alignments
approved by the city and the utility company.
Reserved public utility easements (item 4) shall terminate and be abandoned upon
completion of items No.5 and No.6 above without any further official
proceedings.
As a condition of the completion of said street vacation, pursuant to Streets and
Highways Code Section 8324 (b), the City Clerk shall not record any final
adoption of said vacation until the applicant has taken possession of and merged
those lots directly adjoining the north line of said street vacating area.
7:00 PM on Wednesday, June 26, 2002, 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.
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 City Hall, 1501 Trnxtun Avenue, in the
City of Bakersfield, within fifteen (15) days after its passage.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City
Council of the City of Bakersfield at a regular meeting thereof held on
MAY 8 2002 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON,.gULL!"A~I, SALVAGGIO
COUNCILMEMBER Ix} ~ PO
COUNCILMEMBER
COUNCILMEMBER S~II.-L.\~ ~ I~
Council of the City of Bakersfield
APPROVED
APPROVED as to form:
~T J. THILTGEN
CITY ATTORNEY of the City of Bakersfield
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. McCARTHY, 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 9th day of May ,2002 she posted on the Bulletin
Board at City Hall, a full, true and correct copy of the following: Resolution of
Intention No. 1275 .passed by the Bakersfield City Council at a meeting held on the
8th day of May 2002, and entitled:
A RESOLUTION OF THE COUNCIL DECLARING IT'S
INTENTION TO ORDER THE VACATION OF 5TM STREET
FROM "R" STREET TO WEST OF THE KERN ISLAND
CANAL.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
Dep"l~ City ~;lerk -.,.~t..~
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