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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. G:\GRüUPDA T\ADMINRP1\1005\09-07\ROI ] 38! .DOC '< 'òþ"Kt~ o <!;, >- - -It-: r!, '8 r;; 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. ---------------()()()--------------- (ì:\GROUPDA T\ADMINRPDl005\09-07\ROI 13H! .DOC ~ ~Mt1' C) ~ >- - I- m _ T- o C) - ðRIGINAl 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: ~ NOES: ABSTAIN: ABSENT: V J-- \...- &..-- 1.--- .......- "....--- 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 By: ~ fYZ- ~ ~ 'òMf~ Ç) <!i, :>- - t:=. IE (i\GROUPDA T\ADM INRPT\2005\09-07\ROI 13S I.DOC _ f ORIGINAL b 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. (,:'GROUPDA TlADM INRPT\2005\09-07\ROI 13X I.DO{' ~ 'òI\K('~ C> ~ >- - -c f!' o ö ORIGINAL ----._._-_.__.,_."..--.~_.- Section 30 T29S,R28E 82.5' 17th Street Proposed street Vacation - J~ - ~ ~ ~ ~ 20' 33' !~ C/) . ~ j~ ~ QlCII :s; 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 115,5 , i'iOETH - Cl<,\PflIC SCALE ,1~'C 0 ?C}:::- ,"~_'~ 1- -- __~I____I---~-i ( I~ P~ET ) 1 inch = 100 rl DATE DRAWN CHECKED l- e> ö 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 S:\DOCUMENlìFORMSIAOP .ORD. wpd ~ ~~/(S"-9 o <P >- ~ r- rr. _ f- a c::, ORIGINAl