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HomeMy WebLinkAboutRES NO 157-03Recording requested by and for the benefit of the CITY OF BAKERSFIELD WHEN RECORDED MAIL TO: CITY OF BAKERSFIELD CiTY CLERK 1501 TRUXTUN AVENUE BAKERSFIELD CA 93301 James W. Fitch. Assessor- Recorder PnTT~ Kern County Official Records 4/09/2004 9:50 AM Recorded at the request of Pubfic 0204079689 Stat Types: 1 Pages: 5 Fees 0.00 Taxes 0.00 Others 0.00 PAID $0.00 RESOLUTION NO. 157-03 A RESOLUTION ORDERING THE VACATION OF THE 20 FOOT WIDE ALLEY WEST OF CHESTER AVENUE BETWEEN 26TM AND 27TM STREETS (BLOCK 486) ORIGINAL RESOLUTION NO. 1,57-03 A RESOLUTION ORDERING THE VACATION OF THE 20 FOOT WIDE ALLEY WEST OF CHESTER AVENUE BETWEEN 26TM AND 27TM STREETS (BLOCK 486) WHEREAS, on WEDNESDAY, JULY 30, 2003, 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. 1306 declaring its intention to order the vacation of the 20 foot wide alley west of Chester between 27th and 27th Streets (Block 486) in the City of Bakersfield; 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 Wednesday, August 27, 2003, 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 1561 (b) (3) of CEQA Guidelines (General Rule) in that there is no possibility that the proposed vacation could have a significant effect on the environment; and WHEREAS, at its meeting on June 19, 2003, the proposed vacation was duly heard and considered by the Planning Commission and was found to be consistent with the Metropolitan Bakersfield 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 the vacation of the 20 foot wide alley west of Chester Avenue between 26th and 27th Streets (Block 486) in the City of Bakersfield, County of Kern, State of California, more particularly described in Exhibit "A" attached hereto and made a part hereof by this reference. 3. A nonexclusive easement shall be reserved for public utilities purposes in, under, over and upon the entire above described public alley right of way area and full access for utilities shall be maintained to the greatest extent possible. 4. All of the above described public alley right of way (per attached Exhibit "A") is unnecessary for present or prospective use for public alley purposes and is hereby vacated subject to the conditions enumerated herein. G:\GROUPDAT~DMINRPT~.003\08-27~Vac Alley Block 486 Res.doc 5. The City Clerk shall certify to the passage of this Resolution 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 ............... 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 AUG 2 ? 2003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNClLMEMBER (:OUCH, C~ARSON, BENHAM, ~ HANSON, SULLIVAN, SALVAGG[O COUNCILMEMBER i"q G h,J rE. COUNClLMEMBER COUNCILMEMBER PAMELA A. McCARTHY, Pr.,/MC CITY CLERK and Ex Official Clerk of the Council of the City of Bakersfield APPROVED AUG ~7 2003 HARVEY L. HALL Mayor of the City of Bakersfield,,~ APPROVED as to form BART J. THILTGEN City Attorney G:\GROUPDAT~DMINRP'r~2003\08-27~Vac Alley Block 486 Res.doc EXHIBIT "A" VACATION OF ALLEY IN CITY BLOCK 486 That public alley right of way situated in the southwest quarter of Section 19 and the northwest quarter of Section 30, Township 29 South, Range 28 East, M.D.M., City of Bakersfield, County of Kern, State of California, more particularly described as follows: All of that public alley right of way, being 20 feet in width, lying within City Block 486 and bounded northerly and southerly by prolongations of the north and south lines of said City Block 486, as said alley and block 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 Recorder. G:\GROU PDAT~ADM IN RPT~2003\07~30\Resolution 1306.DOC BAKERSFIELD SCHOOL DIST. /-/ ST !1 VACATION OF THE 20 FOOT WIDE ALLEY WEST OF CHESTER AVENUE, BETWEEN 26TM AND 27TM STREETS ( BLOCK 486 )