HomeMy WebLinkAboutROI NO 1210RESOLUTION OF INTENTION NO. 1210
A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO
ORDER THE VACATION OF EXCESS ROAD RIGHT OF WAY ON THE
EAST SIDE OF OSWELL STREET, SOUTH OF FREEWAY 178.
WHEREAS, Dinova Partners II submitted a request for the vacation of excess read
right of way on the east side of Oswell Street, south of Freeway 178 (See Exhibit "A"); 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, in
that there is no possibility that the street right of way vacation and proposed use as private
roadway could have a significant effect on the environment; and
WHEREAS, at its meeting on November 4, 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 excess read right of way on the
east side of Oswell Street, south of Freeway 178, more particularly described
in Exhibit "A" attached hereto and made a part hereof.
A nonexclusive easement shall be reserved for public sewer lines purposes
in and under, the north 20.47 feet of the above described street right of way
area being that area described in said Exhibit "A".
7:00 P.M. on Wednesday, January 12, 2000, 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.
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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 Vacation" to be posted as
required by Section 8323 of the Streets and Highways Code of the State of
California.
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.
.......... 000 ..........
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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
DEC ! 5 1999-
, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, 7'.C.;'.'LE£, SULLIVAN, SALVAGGIO
COUNCILMEMBER~ O ~ ~-
COUNCILMEMBER__ ~- ~) ~
COUNCILMEMBER ~ O t,5 ~._
CITY CLERK and Ex Offici~lerk of the
Council of the City of Bakersfield
APPROVED
DEC ! 5 1999
BOB'PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
BART J. THILTGEN --
CITY ATTORNEY of the City of Bakersfield
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EXHIBIT "A"
OSWELL STREET EXCESS RIGHT OF WAY
That strip of land being a portion of the northwest 1/4 of Section 23, T. 29 S., R. 28 E., M.D.M.,
City of Bakersfield, County of Kern, State of California, more particularly described as follows:
Commencing at a poim on the west line of said Section 23, distant S 00 ° 03' 16" W, 1318.09 feet
from the northwest corner thereof, said point also being a point on the south line of Parcel 4 of
that right of way relinquished to the City of Bakersfield by the State of Cali£ornia per
Relinquishment Request No. 75649, filed for record in Book 4420, Page 468, Official Records,
in the office of the Kern County Recorder;
Thence S 89 ° 56' 44" E, along the south line of said Parcel 4, a distance of 55.00 feet to the
TRUE POINT OF BEGINNING;
Thence continuing S 89° 56' 44" E, 20.00 feet to the southeast corner of said Parcel 4;
Thence N 02 ° 51' 07" E, along the east line of said Parcel 4, a distance of 154.00 feet;
Thence N 89 ° 56' 44" W, along the boundary of said Parcel 4, a distance of 20.00 feet;
Thence S 02° 51' 07" W, 154.00 feet to the TRUE POINT OF BEGINNING.
Containing 3,076.33 square feet
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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 16th day of December ,1999 she posted on the Bulletin Board
at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1210
_passed by the Bakersfield City Council at a meeting held on the 15th day of
December 1999, and entitled:
A resolution of the council declaring its intention to order the
vacation of excess road dght of way on the east side of Oswell
Street, south of Freeway 178.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
By: ~ ~
DepUty City (~le~k ~/ -- ~
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December 16, 1999