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
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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.
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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
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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.
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"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
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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~