HomeMy WebLinkAboutROI NO 1337RESOLUTION OF INTENTION NO. 1337
A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION
TO ORDER THE VACATION OF THE SOUTH 126 FEET OF THE
30 FOOT WIDE ALLEY BETWEEN OAK STREET AND OL1VE STREET
EXTENDING FROM PALM STREET TO DRACENA STREET
WHEREAS, Golden Empire Design on behalf of Safe-1 Credit Union, submitted a
request for the vacation of the south 126 feet of the 30 foot wide alley between Oak Street and
Olive Street extending from Palm Street to Dracena Street; and
WHEREAS, it has been determined that said alley is City right of way for public use and
that the adjoining property on both sides of the south 126 feet of said alley is owned by the Safe -
1 Credit Union; 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 May 6, 2004, the vacation was duly heard and considered
by the Planning Comxnission 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 south 126 feet of the 30 foot wide alley
between Oak Street and Olive Street extending from Palm Street to Dracena Street 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 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.
5. As a condition of the 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:
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A 25 foot wide (minimum width) public access lane shall be constructed connecting
the south end of the remainder portion of the alley to Olive Street and shall be
dedicated as an access easement.
b. The public access lane shall be constructed to a pavement thickness equivalent to a
City standard commercial alley to the satisfaction of the City of Bakersfield
6. 5:15 PM on Wednesday, June 23, 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
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
l~.~.y ~ /~ ?_00~ by the following vote:
ABSTAIN:
ABSENT:
COUNCiLMEMBERCOUCHiCARSON, BENHAMiMAGGARDiHANSONISULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCARTHY, ~MC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED MAY ~, (~ Z00~,
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
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EXHIBIT "A'
That portion of the public alley right of way situated in the northwest quarter of Section 36,
Township 29 South, Range 27 East, M.D.M., City of Bakersfield, County of Kern, State of
California, more particularly described as follows:
The south 126 feet of that public alley being 30 feet in width, bounded westerly by the west line
of the east 20 feet of Lot 5 of Block "A" of GREEN'S TRACT per map filed in Book 1 of Maps
at Page 97, bounded easterly by the west line of Block 2 of SANTA FE ADDITION NO. 2 per
map filed in Book I of Maps at Page 132, bounded northerly by the south right of way line of
Dracena Street and bounded southerly by the north right of way line of Palm Street as established
by Resolution of Intention No. 548 (to diminish width of Palm Street) and ordered diminished by
City Council on February 14, 1928.
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/ I I'~-----'--'~'IT~'~"~'-T! ~ ,-1 ~ ,,-,-'
II I __ I I~ ' ~ I~ ' ~1 ~ '
p ~- I EASEMENT ,,
//P~a~OSEDI F-~' I ;T ~
VAOATION OF THE 80~TH ~2~ FEET OF THE ~0 FOOT
ALLEY BETWEEN OA~ STREET ANO OLIVE STREET EXTEN~IN~
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
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 15th day of June , 2004 she posted on the Bulletin
Board at City Hall, a full, true and correct copy of the following: Resolution of
Intention No. 1337.passed by the Bakersfield City Council at a meeting held on the
26th day of May 2004 and entitled:
A RESOLUTION OF THE COUNCIL DECLARING ITS
INTENTION TO ORDER THE VACATION OF THE SOUTH
126 FEET OF THE 30 FOOT WIDE ALLEY BETWEEN OAK
STREET AND OLIVE STREET EXTENDING FROM PALM
STREET TO DRACENA STREET
Isl PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
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