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Home My WebLink AboutRES NO 264-04Recording 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 PATTI Kern County Official Records 9/29/2004 11:07 AM Recorded at the request of Public 0204236392 Stat Types: 1 Pages: 6 Fees 0.00 Taxes 0.00 Others 0.00 PAIO $0.00 RESOLUTION NO. 264-04 A RESOLUTION ORDERING 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. o b ORIGINAL RESOLUTION NO. 2 (~ 4 - {) 4 A RESOLUTION ORDERING 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 WHEREAS, on WEDNESDAY, MAY 26, 2004, 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. 1337 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 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, September 22, 2004, 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 vacation could have a significant effect on the environment; and WHEREAS, at its meeting on May 6, 2004, 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 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 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. 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 G:\G ROU PDA'r~ADMINRPT~2004~6-23\OrderVe, cSafe-1AlleyRes-doc not record any final adopted order of said vacation until the applicant provides the following: a. 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 a public 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. 5. 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. 6. The City Clerk shall certify to the passage of this Resolution and shall (pursuant to item 4. of this resolution) 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 ............... G:\GROUPDAT~ADMIN RPT~004~06-23\OrderVacSsfe- 1AIleyRes.doc I HEREBY CERTIFY that the foregoing Resolution was passed and adopte, d..by..t~e Council of the City of Bakersfield at a regular meeting thereof held on ,5~F ;4 ZOO4 by the following vote: ABSTAIN: ABSENT: COUNCILMEMBER COUCH~ CARSON, BENHAHi IVlAGGAP, D~ HANSON, SULL.WAN~ SALVAGG[O COUNCILMEMBER COUNCtLMEMBER COUNCILMEMBER PAMELA A. McCARTHY, ~IVIC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED SEP 2 2 ~004 APPROVED as to form VIRGINIA GENNARO City Attorney G:\G ROU PDA]%a, DMINRPT~2004~06-23\OrderVacSafe' 1AIleyRes,doc 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 1 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. G:\GROUPDAT~ADMINRPT~2004~05-26~ROI 1337 Res. DOC DRACENI~ ~ $~ J 4 $ $ PROPOSED 25' PROPOSED ALLEY ~ /o PAL/if PUB. ACCESS EASEMENT I0 IRS' sr.