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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. G:\GROUPDATLADMINRPTX2002\Feb 20\Resolution 1275.wpd -1- 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. ............... oOo ............... G:XGROUPDATXADMINRPTX2002\Feb 20~Resolution 1275.wpd -2- 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 G:\GROUPDA%ADMINRPTX2002\Feb 20\Resolution 1275.wpd -3- 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..~ ~'IHIGtNA