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HomeMy WebLinkAboutROI NO 1194RESOLUTION OF INTENTION NO. 1194 A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO ORDER THE VACATION OF "G" STREET BETWEEN TRUXTUN AVENUE AND 17TH STREET AND ALSO THE ABUTTING ALLEY IN BLOCK 282 WHEREAS, FIRST PRESBYTERIAN CHURCH, BAKERSFIELD submitted a request for the vacation of "G" Street between Truxtun Avenue and 17"' Street and also the abutting alley in Block 282, a map showing the proposed vacation is attached hereto as Exhibit "A" and made a part hereof by this reference; 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, as there is not possibility that the proposed street and alley vacation and proposed use could have a significant effect on the environment; and WHEREAS, at its meeting on April 1, 1999, the vacation was duly heard and considered by the Planning Commission and was 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. This resolution is adopted pursuant to Section 8300, of the Streets and Highways Code of the State of California. The Council intends to order the vacation of "G" Street between Truxtun Avenue and 17"' Street and also the abutting alley in Block 282 in the City of Bakersfield, County of Kern, State of California, more particulary described as follows: All of the public street right of way for "G" Street, being 82.5 feet in width, lying between blocks 282 and 283 and bounded northerly and southerly by prolongations of the North and South lines of said blocks, also all of the public alley right of way, being 33 feet in width, in Block 282, as said street, alley and blocks are shown on "Map of the City of Bakersfield' filed for record November 25, 1898 in Book 1 of Maps, Pages 13 and 14, in the office of the Kern County Recorded. Page 1 of 3 ORL~NAL A nonexclusive easement shall be reserved for public utilities purposes in, under, over and upon the entire above described public street and alley right of way area and full access for utilities shall be maintained to the greatest extent possible. Any superseded or diminished portion of the reserved public utilities easement (Item No. 4) within said vacated street and alley shall automatically terminate and be abandoned as an easement when the applicant provides the following: Applicant shall relocate the existing utilities to the effective utility company's satisfaction and acceptance. Dedication of an adequate easement if any relocated public utility facilities extend through private property with alignment and width thereof approved by the City of Bakersfield and the utility company. The reserved public utilities easement (Item No. 4) shall be released by an instrument approved by the City of Bakersfield and the applicable utility company which instrument shall be recorded in the Office of the County Recorder of the County of Kern, State of California. The time and place for hearing on the proposed vacation shall be Wednesday, May 26, 1999, at 7:00 P.M. in the Council Chambers, City Hall, 1501 Truxtun Avenue, Bakersfield, California, whereby all persons interested in or objecting to the proposed vacation may appear before the City Council and he heard. The City Clerk shall cause notice of the date, hour, and place of said hearing on this resolution t 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. Proof of posting shall be made by affidavit of the person posting the notice and the affidavit shall contain the facts of the posting. The proof of publication and the affidavit shall be filed in the office of the Public Works Department pursuant to Streets and Highways Code Section 2317. The City Clerk shall certify to the passage of this resolution and shall cause the same to be posted on the bulletin board at the City Hall, 1501 Truxtun Avenue, in the City of Bakersfield, within fifteen (15) days after its passage. .......... o0o .......... G:~GROUPDA"RRESOLUTI~1999~ROI 1194 G St & Alley.wpd Page 2 of 3 0F~tGINAL 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 APR 2 8 19:qcJ , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CITY CLERK and E lerk of the Council of the City of Bakersfield APPROVED APR 2 8 1999 APPROVED as to form: CITY ATTORNEY of the City of Bakersfield Page 3 of 3 BROWrR TRACT 17 TH STREET ~ PROPOSED CLOSING ~'~ TRUXTUN~i~ 16 TH ss' 2 3 I 7 STREET NO e4ge _ NORTH -- ' Scole: I"= 200' I - I 4 i 2 5 7 7 4 2 / 6~' 66' 6 8 ;~ VACATION OF "G" STREET BETWEEN TRUXTUN AVENUE AND 17'r" STREET AND ALSO THE ABUTTING ALLEY IN BLOCK 282. ..co. oEo ,. CITY OF BAKERSFIELD ..'r. eZ.~,~,~e~ ,. ,oo. A'r ...- CALIFORNIA .~w.~ ~' OFFICIAL RiCOROB OF ~': KERN COUm, C~:mmNIA ENGINEERING DEPARTMENT ~ECEE~ 4~ 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 11th day of May ,1999 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1194 passed by the Bakersfield City Council at a meeting held on the 28th day of April 1999, and entitled: A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO ORDER THE VACATION OF "G" STREET BETWEEN TRUXTUN AVENUE AND 17TM STREET AND ALSO THE ABUTTING ALLEY IN BLOCK 282. /s/PAMELA A. MCCARTHY City Clerk of the City of Bakersfield BY:Deputy City Cler~/~ S:\DOCUMEN~FORMS~AOPOSTINGROI.WPD May 11, 1999