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Home My WebLink AboutROI NO 1383 RESOLUTION OF INTENTION NO. 1383 A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO ORDER THE VACATION OF THE STREET RIGHT OF WAY AT THE SOUTHWEST CORNER OF TRUXTUN AVENUE AND COMMERCIAL WAY WHEREAS, the Public Works Department has requested for the vacation of the street right of way at the southwest corner of Truxtun Avenue and Commercial Way; 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 5, 2005, 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 street right of way at the southwest corner of Truxtun Avenue and Commercial Way 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 street right of way area and full access for utilities shall be maintained to the greatest extent possible. 5. 6:30 PM on Wednesday, July 6, 2005, 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. 6. 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. G:\GROUPDA T\ADMINRPlì2005\Ofi·08\ROI 1383.00C 5<'òMf:~ QI- ~ ;... - ..... m _ r- () C ORIC.INAl 7. 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. ---------------0C>0--------------- G :\GROUPDA T\ADM INRPT\2005\06·08\ROI 1383. DOC '< 'ôAK(y () ú' >- ~ >-- m - r- () C ORIGINAL - 2- by the I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, Council of the City of Bakersfield at a regular meeting thereof held on mN 8 2005 by the following vote: Qlli) Ñcn ABSTAIN: (A~;) v,.... v /--- v t-/ ~ COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ''o,.\"~<;,.~. aMJJLj)\{~ PAMELA A. McCARTHY, CM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUN 8 2005 ..£~ HARVEYL.HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney ! By: /jfJ4é~ ~ G:\GROUPDA TlADM INRPnl005\06-08\ROI 1383.DOC '< 'ôMf:,¿ () <.J' >- -:':' >-- m - ,. -'3- r:::, ORIGINAL EXHIBIT "A" A parcel of land being a portion of the northeast 1/4 of Section 34, Township 29 South, Range 27 East, Mount Diablo Base & Meridian, City of Bakersfield, County of Kern, State of California, more particularly described as follows: Commencing at the northwesterly comer of Parcel I, per Parcel Map 7092, filed in Book 30 of Parcel Maps, at page 79, in the Office of the County Recorder ofthe County of Kern; Thence South 44° 27' 43" East, along the Southwesterly line of said Parcell, a distance of25.00 feet, to THE TRUE PC>INT OF BEGINNING; Thence (I) Departing from said property line, North 45° 32' 17" East, a distance of 44.50 feet; Thence (2) North 32° 46' 56" East, a distance of 49.82 feet; Thence (3) North 45° 32' 17" East, a distance of 65.09; Thence (4) South 89° 27' 43" East, a distance of 13.88 feet; Thence (5) . South 44° 27' 43" East, a distance of 145.18 feet; Thence (6) South 20° 18' 51" East, a distance of 11.00 feet; Thence (7) South 44° 27' 43" East, a distance of 19.93 feet; Thence (8) South 68° 36' 35" East, a distance of 11.00 feet; Thence (9) South 44° 27' 43" East, a distance of 26.00 feet to a point on the Southeasterly property line of said Parcell; Page 1 of 3 ........ ."..···.t".... '< 'OAK(:s, () cP >- -:':' >-- m - r-- () r:::, ()R!CI~jAI - -~._--,~_._,._.._..._--"- --~_..~,_.~ ~--_.,_._~.._- Thence (10) South 45032' 17" West, on and along said Southeasterly property line, a distance of 13.00 feet, to a point on the Southwesterly right of way line of Commercial Way per Street Right of Way Deed, filed in book 5753, at pages 795-797, in the County Recorder's Office of the County of Kern; Thence (II) North 440 27' 43" West, on and along said right of way line, a distance 205.00 feet, to a point on the Southeasterly right of way line of Truxtun Avenue per said Street Right of Way Deed; Thence (12) South 450 32' 17" West, on and along said Southeasterly right of way line, a distance of 155.00 feet, to point on the Southwesterly property line of said Parcell; Thence (13) North 44027' 43" West, on and along said Southwesterly property line, a distance of 5.00 feet, to THE TRUE POINT OF BEGINNING; Containing 4,413.23 square feet (more or less) END OF DESCRIPTION Page 2 of3 '< 'ôM('.ý ,:::) 'ú) ~1 >. 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C) ~ ~~. ~ ;;; ~ ~ lC) è) ~ ~ ~ :3 ã ~ ~ '->1~ .-",p" ~ ~ ~ ~ ~ ~ ~ _ ~ ~ ~ ~ ~J , ~ l.o.j'l.o.j'l<jl.o.j'l.o.j'l.o.j'l.o.j'l.o.j'l.o.j'XXxX ' ~~~~~~~~~~~~~ "- ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ., ~ OQ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0~~0~~~~\7~~~~ ~ '.... $ ~ ~ V) €~~~ ~ / E-< - ÇQ >-< :r:: ><: ~ / Page 3 00 'ôME.ý ~ '" >-- õ _.. .__. --- ~-_.'.-~--'-.-.--. --'.-- -_...~ -.-....-......--- 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 9th day of June, 2005 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1383. passed by the Bakersfield City Council at a meeting held on the 8th day of June. 2005 and entitled: A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO ORDER THE VACATION OF THE STREET RIGHT OF WAY AT THE SOUTHWEST CORNER OF TRUXTUN AVENUE AND COMMERCIAL WAY PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield S:\DOCUMENnFORMSIAOP.ORD.wpd ~,. ~'.,., .._. _"'.~_' C~'H'~_____·_' ~_'_'_""~^"""'__~______C"'__'_