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HomeMy WebLinkAboutRES NO 165-2024RESOLUTION NO. 1© 2 ®2 4 A RESOLUTION OF THE COUNCIL ORDERING THE SUMMARY VACATION OF A PUBLIC UTILITY EASEMENT BEHIND 1629 CALIFORNIA AVE (WARD 2) WHEREAS, on WEDNESDAY, November 6, 2024, 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, declared its intention to vacate a public utility easement behind 1629 California Avenue(Ward 2); and WHEREAS, the Council did fix a time and place for hearing all persons interested in or objecting to said proposed vacation, which hearing was held on November 6, 2024, after notices of said hearing were duly published and posted as required by law; 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, on June 26, 2020, Planning Department found the vacation to be consistent with the Metropolitan Bakersfield General Plan, per local ordinance. 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 public utilities that were in this Public Utility Easement, have been abandoned and relocated, per letters from utility companies shown in Exhibit C. 4. The City Fire, Police, Public Works, Development Services, and Economic Development Departments have been notified of the request and no objections have been received as of the date of this report. Public Works notes that there is no City sewer or storm drain facilities in the vacating area. 5. Notices were mailed to all adjacent property owners within a 300-foot radius of the proposed vacating area. Public Works has not received any objections from these owners as of the date of this report. 6. The Council orders the summary vacation the public utility easement behind 1629 California Avenue, (more specifically described in Exhibit "A" and illustrated in Exhibit "B", C.\Program Files\eSCRIB E\TEMP\16385634547\16385634547,Resolution Final Hearing.doc Page 1 of 4 a 'ORIGINAL6 which is attached hereto and incorporated herein), all in the City of Bakersfield, County of Kern, State of California. 8. The City Clerk shall certify to the passage of this resolution and shall cause a certified copy hereof, attested by the Clerk under the seal of the City, to be recorded in the Office of the County Recorder of the County of Kern, California. --------------- 000--------- C:\Program Files\eSCRIB E\TEMP\16385634547\16385634547,,,Resolution Final Hearing.doc Page 2 of 4 I HEREBY CERTIFY that the foregoing Resolution was passed and- adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on r VTfi 2024 by the following vote: YE • COUCILMEMBER NOES: COUCILMEMBER ABSTAIN: COUCILMEMBER ABSENT: COUCILMEMBER A . , (X _t i/ ✓ ✓ v' ✓ V, ARIAS, GONZALES, WEIR, SMITH, FREEMAN; GRAY, KAUR ALIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: MY - 6 701ii KAREN GOH Mayor of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO CITY ATTORN EY B Y VIRIDIANA GALLARDO-KING Deputy City Attorney II Attachments: Exhibit "A" ,Exhibit "B" Exhibit "C" C:\Program Files\eSCRIB E\TEMP\16385634547\16385634547,,,Resolution Final Hearing.doc Page 3 of 4 'ORIGIN'AL' C:\Program Files\eSCRIB E\TEMP\16385634547\16385634547,,,Resolution Final Hearing.doc Page 4 of 4 0ORIGINALczy EXHIBIT "A" LEGAL DESCRIPTION FOR PUBLIC UTILITY EASEMENT (PUE) VACATION BEING PARCEL A OF PARCEL MERGER 21-0009 PER DOCUMENT NO. 223020308 RECORDED FEBRUARY 21, 2023, ALSO BEING A PORTION OF BLOCK 1 OF THE LOWELL ADDITION, AND ALSO BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 29 SOUTH, RANGE 28 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF KERN, STATE OF CALIFORNIA, AS PER THE OFFICIAL PLAT THEREOF, THE CENTERLINE OF WHICH BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PUE VACATION BEGINNING AT THE INTERSECTION OF CALIFORNIA AVENUE AND H STREET, THENCE ALONG THE CENTERLINE OF CALIFORNIA AVENUE, SOUTH 89°07'09" EAST, A DISTANCE OF 33.00 FEET: THENCE SOUTH 00°51'06" WEST, A DISTANCE OF 66.25 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF CALIFORNIA AVENUE ALSO BEING THE EASTERLY RIGHT OF WAY LINE OF "H" STREET; THENCE LEAVING THE SOUTHERLY RIGHT OF WAY LINE OF SAID CALIFORNIA AVENUE, AND ALONG THE EASTERLY RIGHT OF WAY LINE OF "H" STREET SOUTH 00°51'06" WEST, A DISTANCE OF 119.00 FEET TO THE TRUE POINT OF BEGINNING; 1) THENCE SOUTH 89-09-13" EAST, A DISTANCE OF 122.00 FEET; 2) THENCE SOUTH 00°50'59" WEST, A DISTANCE OF 20.00 FEET; 3) THENCE NORTH 89°09'13" WEST, A DISTANCE OF 122.00 FEET; 4) THENCE NORTH 00"51'06" EAST, A DISTANCE OF 20.00 FEET TO THE TRUE POINT OF BEGINNING ALSO BEING THE TERMINUS OF THIS DESCRIPTION. SAID DESCRIPTION CONTAINS 2,440.00 S.F. (0.05 ACRES) MORE OR LESS LAND SCR E m 0 9047 — s.oh OF CA0 o MICHAEL E DAUSTER, P.L.S. 9047 DA E A INfGe', V .l } fSl OORIGiNI`L SHEET 3 OF 4 CITY OF DAKERSFIELD, CALIFORNIA SECTION 31, T.29S., R.28E, M,D.B. & M. NW. CORNER I CHESTER AVENUE SEC 31, T.29S., R.28E. NORTH LINE SECTION 31 S89007'09'!E — — 700.49' � 33.00' — — — — FND CONC. MON. N (TIE) S00°51'06"W CALIFORNIA AVENUE N WITH PINcd 66.25' (TIE) ,o F l 7PROPERTY LINE EXISTING FENCE RUDNIK FAMILY INVS LLC 23.60' c APN.' 009-011-04 of l r 33.00' l PARCEL ':A"Lo 1 PARCEL MERGER 2.1-0009 I W DOC. NO. 223020308 W PROPERTY LINE PROPERTY LINE clf 2 0 C.CITY OFBAKERSFIELD SCALE: 1" = 40' Z440 S.F. (0.05 ACRES) - J TPOB �• L1 J N . s J 20.00' EXISTING ALLEY — !— I L3 20.00' Lu l o W KERN CO REAL EST INC APN: 009-0.11-11 o PROPERTY LINE 2 to z cWn o 1 a Z I p I GABRIELA EXISTING WOODEN FENCE TRUJILLO JACOBO EXCEPTING THE SOUTH V AND 0 APN: 009-011-09` THE EAST 3 I' OF LOT 9 SW CORNER I SEC 31 T 29S R 28E l EASEMENTS: AN EASEMENT OVER SAID LAND FOR THE SOLE RIGHT TO CONSTRUCT AND 0 MAINTAIN, IN AND ALONG ANY AND ALL STREETS AND AVENUES RUNNING THROUGH, BORDERING ON OR BOUNDING SAID REAL PROPERTY, STREET RAILROADS, GAS AND WATER MAINS AND INCIDENTAL PURPOSES, AS EXCEPTED AND RESERVED BY LOWELL LAND AND IMPROVEMENT COMPANY., A CALIFORNIA CORPORATION, IN DOCUMENT RECORDED JANUARY 15, 1896, IN BOOK 61.OF DEEDS, AT PAGE 61, ET SEQ., KERN COUNTY RECORDS. 0 AN EASEMENT OVER SAID LAND FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, AS IN FAVOR OF THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY, IN DEED. -RECORDED JULY 10, 1980, (BOOK) 5297 (PAGE) 2498, OFFICIAL RECORDS.' O RESOLUTION NO: 134-2020 A RESOLUTION OF THE COUNCIL TO VACATE A PORTION OF THE "T" ALLEY BETWEEN H STREET AND EYE STREET, BEHIND 1629 CALIFORNIA AVENUE (WARD 2) PER DOCUMENT-NO.220152231 FHIS PLAT IS FOR ILLUSTRATIVE PURPOSES ONLY" LINE TABLE LINE BEARING LENGTH L1 S89°09'13'!E 1.22.00' L2 S00°50'59"W 20.00' L3 N89°09'13:MI 122.00' L4 N00°51'06"E 20.00' LEGEND: ❑� CENTERLINE MONUMENT PROPERTY LINE h- r-- ` ORIGI;dO SHEET 4 OF 4 Pacific Gas. and : EEleclfdc #yflMP,?l1Y' Julyl3th 2024 ACRAM ABED 661-496-5579 broker661@-Mail.com RE: 1629 California Ave_ Bakersfield Dear Mr. ABED, 4101 Wible Road Bakersfield, CA93313 This letter is to confirm that the existing gas main and services were abandoned and the existing. electric poles and services were removed in October of 2023. If you have any questions, please call.me at (661) 203-1631 Sincerely, Charlie Seufert Sr. New Business Representative CE U. V -E ALIFOMMIAW.VT R 1. S.. I Bakersfidd Digtrici:3725 South H St, Bakersfield, CA 93304 6127/2024 Te l: (6,61) 8377200 RE 162.9 California Ave. To whom it may concern, The developer at 1$29 California Ave has requested a- letter' -fro -in California Water Service (QWS) concerning the abandonment of zn.8" water main , located. in the. allev behind. said :.property. This, project is currently under construction. Theexistingmain has phy aJ1Y been sic -disconnected from service � and is considered abandoned. - These ara the. following stages of this project: o Bub -contractor is in the process ofinstallin the:new .new main: north of new building thru a ftiture. easement. Once that is pressure tested and. sampled Jt: will be tied into CW-S system Ifthere are any questions., please feel free to contact me,. 661-837-7273. -Supw.intendent ,W,O-- 1-33527 �.ca IWAter.com -x 'ORGNAL.®r 7/25/2024 AT&T California 5650 Akirin Ct Bakersfield, CA 93313 Public Works Department 160.0 Truxtun Ave. Bakersfield, CA. 93301 Res Alley Vacation To whom it may concern; AT&T has no objection to the vacation of a portion of the "T" alley between H Street and. Eye Street, behind 1629 California Ave of as shown on Exhibit A attached. If you have any additional questions or concerns, please contact me. Thanks, Matthew Freeman Manager — Engineer Right of Way / Caltrans Office: 661-431-9260 Email: mf2392@attcom