HomeMy WebLinkAboutROI NO 1329RESOLUTION OF INTENTION NO. 1329
A RESOLUTION OF THE COUNCIL DECLARING ITS
INTENTION TO ORDER THE VACATION OF BRITE STREET
ON THE EAST SIDE OF OLEANDER AVENUE
WHEREAS, Patrick Paw, M.D., submitted a request for the vacation of the portion of
Brite Street on the west side of Oleander Avenue; and
WHEREAS, it has been determined that the subject portion of Brite Street (as described
in Exhibit "A", attached hereto and made a part hereof) is City street right of way and that the
adjoining property on the south side is owned by Dr. Paw; 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 February 19, 2004, 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 portion of Brite Street on the east side of
Oleander Avenue 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. A nonexclusive easement shall be reserved for public utilities purposes and for City
sewer main purposes in, under, over and upon the entire above described public street right of
way area and full access for utilities shall be maintained to the greatest extent possible.
5. An access easement to the State of Calitbmia for Freeway maintenance purposes shall
also be reserved over the above described vacating area.
6. 7:00 PM on Wednesday, April 14, 2004, 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
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ORIOII~AI.
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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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
~AR 1 0 2004 by the following vote:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCHI CARSON, BENHAM, MAGGARDI HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCARTHY, CMO./
CITY CLERK and Ex Officio C~rk of the
Council of the City of Bakersfield
APPROVED MAR 1 0 2004
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNAR~
City Attorney //
j
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EXHIBIT "A"
BRITE STREET EAST OF OLEANDER AVENUE
That parcel of land being a portion of the northeast 1/4 of Section 1, T. 30 S., R. 27 E., M.D.M.,
City of Bakersfield, County of Kern, State of California, also being a portion of that right of way
for Brite Street conveyed to the City of Bakersfield by the State of California by Relinquishment
No. 79373 filed for record in Book 5045, Page 261, Official Records, in the office of the Kern
County Recorder, said portion being more particularly described as follows:
Commencing at the point of intersection of the center line of Oleander Avenue and the south
right of way line of Brite Street per said State Relinquishment;
Thence S 89°04'13" E, along said south right of way line, 30.00 feet to intersect the east right of
way line of Brite Street, said point being the True Point of Beginning;
Thence (1) N 00°53'48'' E, 54.00 feet to intersect the north right of way line of Brite Street;
Thence (2) S 89°04'13" E, along said north right of way line, 133.44 feet;
Thence (3) S 44°04'13" E, along said north right of way line, 56.57 feet to meet the east line of
said right of way;
Thence (4) S 00055'47'' W, along said east right of way line, 14.00 feet to meet the south right of
way line of Brite Street;
Thence (5) N 89°04'13'' W, along said south right of way line, 173.41 feet to the True Point of
Beginning.
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VACATION OF BRITE SYREET ON THE EAST SIDE OF
OLEANDER AVENUE.
.~:o.o=. ,. CI~ OF BAKERSFIELD
'" ~" *~ '*" CALIFORNIA
~.. coup. c~m* ENGINEERING DEPARTMENT
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 March , 2004 she posted on the Bulletin
Board at City Hall, a full, true and correct copy of the following: Resolution of
Intention No. 1329.passed by the Bakersfield City Council at a meeting held on the
10th day of March, 2004 and entitled:
A RESOLUTION OF THE COUNCIL DECLARING ITS
INTENTION TO ORDER THE VACATION OF BRITE STREET
ON THE EAST SIDE OF OLEANDER AVENUE
/si PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
D~-I~-uty City ClerkO
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