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HomeMy WebLinkAboutROI NO 1282RESOLUTION OF INTENTION NO. 1282 A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO ORDER THE VACATION OF THE ALLEY ON THE WEST SIDE OF OWENS STREET SOUTHERLY OF STATE FREEWAY 178 (AT 1716 OWENS STREET) WHEREAS, the Board of Zoning Adjustment of the City of Bakersfield on behalf of Mamdouh Eldib, submitted a request for the vacation of the alley on the west side of Owens Street southerly of State Freeway 178 (at 1716 Owens Street). WHEREAS, Mamdouh Eldib has an approved Conditional Use Permit to allow a used car lot at 1716 Owens S~reet being a parcel adjacent to the north side of above- described alley; 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 September 5, 2002, the vacation was duly heard and considered by the Planning Commission and 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. 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 the alley on the west side of Owens Street southerly of State Freeway 178 (at 1716 Owens Street).in the City of Bakersfield, County of Kern, State of California, more particularly described in Exhibit "A" attached hereto and made a part hereof. 4. Public utility easement and public sewer easement rights shall be reserved on, in and under the south 20 feet of the above described (Exhibit "A") vacating area. 5. As a condition of the completion of said vacation, pursuant to Section 8324 (b) of the Streets and Highways Code of the State of California, the City Clerk shall -1- not record any final adoption of said vacation until the holder of said Conditional Use Permit provides the following: a. an access agreement with the owner of the parcel adjacent to the south side of said alley (Arco Mini Mart) which guarantees access to Flower Street. The agreement shall provide adequate access for municipal services. b. project property shall be merged into a single parcel and a temporary public access easement shall be reserved over said alley until completion of the lot merger. 6. 7:00 PM on Wednesday, November 20, 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. 7. 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. 8. 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 Truxtun Avenue, in the city of Bakersfield, within fifteen (15) days after its passage. ............... 000 ............... -2- T 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 Q(~T 2 ZOOZ , by the following vote: AYES: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ~ ABSTAIN: COUNCILMEMBER ~ ABSENT: COUNClLMEMBER ~ APPROVED OCT 2 ZOOZ CITY CLERK and Ex Offici~Fi:~lerk of the Council of the City of Bakersfield HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: ART J.'~TI~L~- CITY ATTORNEY of the City of Bakersfield -3- OR~GI~<~ EXHIBIT "A" VACATION OF ALLEY AT 1716 OWENS STREET Those portions of the public alley in Block 13 of DRURY'S ADDITION, according to the map filed for record in Book 1, Page 101 of Maps and in Block 36 of BERNARD ADDITION according to the map filed for record in Book 1, Page 43 of maps and that alley right of way being Parcel 21 of Caltrans Relinquishment No. 73589 to the City of Bakersfield filed for record in Book 4074, Page 992, O.R., in the Office of the Kern County Recorder, also being portions of Sections 20 and 21, T. 29 S., R. 28 E., M.D.M., City of Bakersfield, County of Kern, State of California, more particularly described as follows: Beginning at the point of intersection of the south right of way line of the 20 foot wide alley in said Block 13 and the east line of said Block 13; Thence N 73° 07' 40" W, along said south line (through said Blocks 13 and 36), a distance of 261.77 feet to meet the northwesterly line of said relinquishment Parcel 21; Thence N 64° 02' 03" E, along said parcel line, 128.86 feet an angle point thereon; Thence S 15° 07' 16" E, along the east line of said Parcel 21, a distance of 79.70 to meet the north right of way line of said 20 foot wide alley; Thence S 73° 07' 40" E, along said north line, 125.07 feet to meet the east line of said Block 13; Thence S 16° 51' 35" E, along said east line, 20.00 feet to the point of beginning. i/'/ ' ?V G:\GROUPDAT~DMINRPT~2002~Oct 2\EXHIBIT A ROI 1282,doc NARD ADDN. & BLK. 13 OF DRURY ADDN. ,~-15 \ SCHOOL DIST, /~3 ¢~ \ PROPOSED LOSING~ ~ ,2~, , \ \ --4 ~. ~ I I I I I I I I I I  i I I I I I ~ ..... -~ ' ; ,.,~',~ l\l 1'f.. ,/. - '~'-'-- '~ ~~'~TI., ', ,.~J~ I ~ II I I /--/-4.1' ' ' ' "~ ,' LU _ I ~ I I / 1 I I I I / al ~J I I I I t I I ~ I ~°,~°/ I I I I I I J i ,%. ?,J ~'o __ "FLOWER THE VACATION Of THE ALLEY ON THE WEST SIDE OF OWENS STREET SOUTHERLY OF STATE FREEWAY 178 fAT 1716 OWENS STREET} ..=o.,,.,, ,, Cl~ OF BAKERSFIELD **,, o~+~ ,..~. ~, pA,, CALIFORNIA ~WN ;~.T.Y. K~.. coup, CA~m~mA ENGINEERING DEPARTMENT ~';' :*' .~=o.0.~,. CI~ OF BAKERSFIELD '" ~ *' '*~' CALIFORN IA =~.. ~.~.v. KERN COU~Y. CALI~RNIA ENGINEERING DEPARTMENT CHrC~ AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) 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 3rd day of October ,2002 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1282 .passed by the Bakersfield City Council at a meeting held on the 2nd day of October 2002, and entitled: A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO ORDER THE VACATION OF THE ALLEY ON THE WEST SIDE OF OWENS STREET SOUTHERLY OF STATE FREEWAY 178 (AT 1716 OWENS STREET) /s/PAMELAA. McCARTHY City Clerk of the City of Bakersfield D~p uty-'""Gi~-"Clerk ~ OR'INA~