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HomeMy WebLinkAboutROI NO 1196RESOLUTION OF INTENTION NO. 1196 A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO ORDER THE VACATION OF A 50 FOOT PORTION OF THE DEDICATED (WAIVED) VEHICULAR ACCESS RIGHTS ON WHITE LANE WEST OF ASHE ROAD AT THE NORTHWEST CORNER OF PARCEL 3 OF PARCEL MAP NO. 9290 WHEREAS, PORTER-ROBERTSON ENGINEERING submitted a request for the vacation of a 50 foot portion of the dedicated (waived) vehicular access rights on White Lane West of Ashe Road at the Northwest corner of Parcel 3 of Parcel Map No. 9290, a map showing the proposed vacation is attached hereto as Exhibit "A" and made a part hereof by this reference; and WHEREAS, all rights of vehicular ingress and egress were waived along a certain portion of the South side of White Lane by "Vehicular Access Dedication" filed for record in Book 5510, Page 1441, Official Records, in the Office of the Kern County Recorder; 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 no possibility that the proposed vacation of dedicated vehicular access rights 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 a 50 foot portion of the dedicated (waived) vehicular access rights on White Lane west of Ashe Road at the Northwest corner of Parcel 3 of Parcel Map No. 9290 in the City of Bakersfield, County of Kern, State of California, more particularly described as follows: Page 1 of 4 That portion of the South right of way line of White Lane situated in the Northeast 1/4 of Section 16, T. 30 S., R. 27 E., MD.M., more particulary described as follows: Commencing at the point of intersection of the center lines of Ashe Road and White Lane, also being a point on the East line of the Northeast 1/4 of said Section 16; Thence N. 89° 12' 44" West, along the center line of White Lane, 924.68 feet; Thence S. 00° 47' 16" W., 55.00 feet to a point on the South right of way line of White Lane, said point being the TRUE POINT OF BEGINNING; Thence N. 89° 12' 44" W., along said right of way line, 25.00 feet to the Northwest corner of Parcel 3 of Parcel Map No. 9290 filed for Record in Book 40 of Parcel Maps, Page 102 in the Office of the Kern County Recorder; Thence continuing N. 89° 12' 44" W., along said right of way line, 25.00 feet to the point of termination. As a condition of 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 Applicant provides the following: Applicant shall provide Dedication of Right of Way for a right turn deceleration lane along White Lane as required for said access opening. Said Dedication shall comply with City Standards and have City approval. 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 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 Page 2 of 4 The Bakersfield Califomian 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:\GROUPDAT~RESOLUTM 999\ROI 1196 White Ln&Ashe Rd .wpd Page 3 of 4 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 1999 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CA SON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CITY CLERK and Ex Officio ~rk of the Council of the City of Bakersfield APPROVED APR 281999 // BOl~/pRy~ ' MAYOR of the City of Bakersfield APPROVED as to form: ~/'~ ~ / BART . THILTG Cl~'~~of the City of Bakersfield Page 4 of 4 ~ 84 t 83 79 ~ TR)xCT 4222 i ' I-~' II*:* "-".'',''-''' /I / ,. ~-._~ .~_~ .~_ L _1 ~ .__ = - WHITE LANE I~~ ~ _~' i _ ._l__i~ x ~I } ~ ,~ mm I . M. ~954 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 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. 1196 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 A 50 FOOT PORTION OF THE DEDICATED (WAIVED) VEHICULAR ACCESS RIGHTS ON WHITE LANE WEST OF ASHE ROAD AT THE NORTHWEST CORNER OF PARCEL 3 OF PARCEL MAP NO. 9290. Is/PAMELA A. MCCARTHY City Clerk of the City of Bakersfield BY:Dep~ut~l~' S:\DOCUMENT~FORMS~AOPOSTINGROI .WPD May 11, 1999