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HomeMy WebLinkAboutRES NO 198-02RESOLUTION NO. I 9 8 ' 0 2 A RESOLUTION ORDERING THE VACATION OF THE ALLEY ON THE WEST SIDE OF OWENS STREET SOUTHERLY OF STATE FREEWAY 178 (AT 1716 OWENS STREET) WHEREAS, on WEDNESDAY, OCTOBER 2, 2002, the Council of the City of Bakersfield, pursuant to the provisions of the "Public Streets, Highways and Service Easements Vacation Law," Government Code Sections 8300 et seq. of the Streets and Highways Code of the State of California, passed and adopted Resolution of Intention No. 1282 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), in the city of Bakersfield; and 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); and WHEREAS, Mamdouh Eldib has an approved Conditional Use Permit to allow a used car lot at 1716 Owens Street 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. The Council hereby orders, subject to conditions enumerated herein, the vacation of the alley on the west side of Owens Street south of State Freeway 178 (at 1716 Owens Street) in the City of Bakersfield, County of Kern, State of California, more particularly described in Exhibits "A" and "B", attached hereto and made a part hereof. 3. Public utility easement and public sewer easement rights shall be reserved on, in and under the south 20 feet of the above described (Exhibits "A" and "B") vacating area. G:\GROUPDAT~ADMINRPT~002"Nov 20\Vac Resolution.doc 4. 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 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. The above described alley is unnecessary for present or prospective use for public street purposes and is hereby vacated upon recordation as enumerated herein. The City Clerk shall certify to the passage of this Resolution and upon notification from the Public Works Department that the conditions listed in Item (4) have been completed, and shall cause a certified copy hereof, attested by the Clerk under seal of the City, to be recorded in the Office of the County Recorder of the County of Kern, California. ............... oOo ............... G:\GROUPDAT~ADMINRPT~2002~Nov 20\Vac Resolution.doc .2- the I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by Council of the__~ty of Bakersfield at a regular meeting thereof held on N0~/ ~ 0 7t~uL by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNC[LMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER ~'~ COUNCILMEMBER ~7.~1~.. COUNCiLMEMBER ;'~ '~ ~"-~ PAMELA A. McCARTHY, CMC~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED NOV ~ 0 ~00~ ~AR~Y~-. HALL / Mayor of the City of E~kersfield APPROVED as to form BART J. THILTGEN City Attorney ~ By: ~. ~z~,~.~ G:\GROUPDA'f~ADMINRP'I~2002~Nov 20\Vac Resolution.doc -3- 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., MD.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, 12507 feet to meet the east line of said Block 13; Thence S 16° 51' 35" W, along said east line, 20.00 feet to the point of beginning. G:\GROUPDATkADMINRPT\2002\Oct 2\EXHIBIT A ROI 1282 doc ,NARD ADDN. & BLK. 13 OF DRURY ADDN. ~3-J5 O\ ..SCHOOL. DIST. \ Cl. OSING ~ ,oo -~ -~ - ~'o i-'-'--~ '~ -~ TM '~ -~ '~ ~-' I I ' \ -. -t ~ ~ I I ~ \\l I I I ~ I I ---..~'-.-L-%., ,' ~ ; ! ~ / 1 I I I I ~ /' ~/ ~lI ~ I i i i I J ' I , ' FLOWER ~S~ THE VACATION OF THE ALLEY ON ~H~ WEST SlD~ OF OWENS STREE% SOUTHERLY OF S~A%~ FREEWAY 178 (A% 1716 OWENS EXHZB~T "B" ..~o.~.. ,,~ Cl~ OF BAKERSFIELD .*T= 0e/?sm~ ,..oo. ~ "*~ CALIFORNIA ...w...T.~. ~[.N COUNZ~, C~FO~N~ ENGINEERING DEPARTMENT c.=c~o