HomeMy WebLinkAboutROI NO 1381
RESOLUTION OF INTENTION NO. 1381
A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION
TO ORDER THE VACATION OF "0" STREET
BETWEEN TRUXTUN AVENUE AND 17TH STREET
WHEREAS, TAC.T Development LLC has submitted a request for the vacation
of "0" Street between Truxtun Avenue and 17th Street, also the 33.0 foot wide
alley, 132.0 feet directly east of "0" Street and the 20.0 foot wide alley, 84.8 feet directly
west of "0" Street; and
WHEREAS, TACT Development LLC is submitting a proposal to the General
Services Administration (GSA) that includes said street and alley, to construct a Federal
Courthouse; and
WHEREAS, the vacation of the street and alley will be conditional upon the
TACT Development site being selected by the GSA for the construction of the Federal
Courthouse project; and
WHEREAS, it has been determined that said street and alley is City right of way
for public use; 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, TACT Development will provide the CITY a letter from the GSA indicating that it
has selected TACT Development's proposed site for the Federal Court Facility.
4. The vacation of said street and alley shall not take effect unless and until the
Federal Court Facilities Project has been reviewed on environmental and/or other
grounds and the GSA has actually entered into an agreement with the TACT
Development to lease or develop the Federal Court Facility at proposed site.
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ORIGINAL
5. The Council intends to order the vacation of "0" Street between Truxtun Avenue
and 17th Street and the alleys east and west of it in the City of Bakersfield, County of
Kern, State of California, more particularly described in Exhibit "A" attached hereto and
made a part hereof, if all stated conditions are met.
6. An additional condition for 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 realignment of
the 16" sewer main existing within "0" Street.
7. 6:30 PM on Wednesday, September 28, 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.
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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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
AIJr; 1 7 ?nn'i by the following vote:
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NOES:
ABSTAIN:
ABSENT:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
~~~
PAMELA A. McCARTH . MC {I
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
AUG 1 7 Z005
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
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EXHIBIT "An
That portion of the street right of way and alleys situated in the southwest quarter of
Section 30, Township 29 South, Range 28 East, Mount Diablo Base and Meridian, in
the City of Bakersfield, County of Kern, State of California, more particularly described
as follows:
The 264.0 feet of "0" street being 82,5 feet in width, bounded northerly by the south
right of way line of 17th Street and bounded southerly by the north right of way line of
Truxtun Avenue; also the 132.0 foot alley, being 33.0 feet in width, directly east of said
"0" Street and the 84.8 foot alley, being 20.0 feet in width, directly west of "0" Street.
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ORIGINAL
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Section 30
T29S,R28E
82.5'
17th Street
Proposed street
Vacation
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82.5'
Truxtun A venue
VACATING "0" STREET
BETWEEN 17th St.
and TRUXTUN AVE.
RECORDED 20
IN BOOK AT PAGE
OFRCIAL RECORDS OF
KERN COUNTY, CAUFORNIA
CITY OF BAKERSFIELD
CALIFORNIA
ENGINEERING DEPARTMENT
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ORIGINAL
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 18th day of Auaust ,2005 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Resolution of Intention No. 1381,
passed by the Bakersfield City Council at a meeting held on the 1 ih day of Auaust.
2005 and entitled:
A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION
TO ORDER THE VACATION OF "0" STREET BETWEEN TRUXTUN
AVENUE AND 17TH STREET
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:J¥oJtfc M
DEPO Ci Clerk
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