HomeMy WebLinkAboutROI NO 1168RESOLUTION OF INTENTION NO. 1168
A RESOLUTION OF THE COUNCIL DECLARING ITS
INTENTION TO ORDER THE VACATION OF THE 20
FOOT WIDE ALLEY CONNECTING 22N° AND 23"D
STREETS BETWEEN "H" AND EYE STREETS (IN CITY
BLOCK 164).
WHEREAS, I_ARS ANDERSEN & ASSOCIATES ON BEHALF OF THE RITE-AID
CORPORATION submitted a request for the vacation of the 20 foot wide alley connection
22"d and 23rd Streets between "H" and Eye Streets (in City block 164); and
WHEREAS, for the above-described project, it was determined that the proposed
vacation is exempt from CEQA according to Section IV B3(f) of City of Bakersfield and
CEQA Implementation Procedures, pursuant to Section 15305 if CEQA Guidelines in that
there is no possibility that the alley right of way vacation and proposed use could have a
significant effect on the environment (minor alterations in land use limitations); and
WHEREAS, at its meeting on December 18, 1997, the vacation was duly heard and
considered by the Planning Commission and was 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.
This resolution is adopted pursuant to Division 9, Part 3, Chapter 3, of the
Streets and Highways Code of the State of California.
The Council intends to order the vacation of the 20 foot wide alley
connecting 22"" and 23'" Streets between "H" and Eye Streets (in City Block
164) in the City of Bakersfield, County of Kern, State of California, more
particularly as follows:
All of the 20 foot wide public alley right of way in City Block 164 bounded by
prolongations of the north and south lines of said Block 164 as said alley
and block are shown on "Map of the City of Bakersfield" filed for record
November 25, 1898 in the Office of the Kern County Recorder.
A nonexclusive easement shall be reserved for public utilities purposes in,
under, over and upon the above described 20 foot wide public alley right of
way in said Block 164 and shall remain in effect subject to following Item 5.
Page 1 of 3 Pages
ORIGtNA[
Any superceded or diminished portion of the reserved public utilities
easement (Item 4) within said vacated alley shall automatically terminate and
be abandoned as an easement when the applicant provides the following:
Applicant shall relocate the existing public utilities to the effected utility
company's satisfaction and acceptance.
Dedication of an adequate easement if any relocated public utility
facilities extend through private property with alignment and width
thereof approved by the City of Bakersfield and the utility company.
7:00 P.M. on Wednesday, February 25, 1998, 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.
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.
The City Clerk shall certify to the passage of this resolution and shall cause the
same to be posted on the bulletin board at the City Hall, 1501 Truxtun Avenue, in
the City of Bakersfield, within fifteen (15) days after its passage.
Page 2 of 3 Pages
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
JAN 2 8 1998 , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT, ROWt. ES, SULLIVAN. SALVA~P~F~
NOES: COUNCILMEbIBER ~ ....... ~
~TAIN: COU~I~E~ER ' ~ ......
~: ~UNCI~EMBER ~ ~ ~
APPROVED
JAN ~ 8 1998
CITY CLERK AND EX OFFICli~LERK
of the Council of the City of Bakersfield
BOB P~ICE ~ ]
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY K. SKOUSEN
City Attorney
Page 3 of 3 Pages
SCALE:
"= 200'
STATE
STATE
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VACATION
ROUTE 178
ROUTE 178
24 TH
23 RD
7
OF
ALLEY
CL O$1N$
21sr
THE 20
I N BLOCK
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20 r~
FT. WIDE
164
CITY OF BAKERSFIELD
CALIFORNIA
ENGINEERING DEPARTMENT
ST.
ST.
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 6th day of February_ ,1998 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Resolution of Intention No. 1168
passed by the Bakersfield City Council at a meeting held on the 28th day of January,
1998, and entitled:
A Resolution of the Council declaring its intention to order the
vacation of the 20 foot wide alley connecting 22nd and 23rd
Streets between "H" and Eye Streets (in City Block 164).
/SI PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUTY City Clerk
S:\DOCUMENT~AOPOSTING
February 6, 1998