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Home My WebLink AboutROI NO 1426 RESOLUTION OF INTENTION NO. 1426 A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO ORDER THE VACATION OF THE PUBLIC UTILITIES EASEMENTS ON PORTION OF 36TH STREET, WEST OF CHESTER AVENUE WHEREAS, Porter Robertson in behalf of Kern County Board of Education submitted a request for the vacation of the Public Utilities Easements on that portion of 36th Street, West of Chester Avenue; 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, Planning Department approved the vacation on December 8, 2005 per local ordinance and 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. 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 Public Utilities Easements on that portion of 36th Street, West of Chester Avenue in the City of Bakersfield, County of Kern, State of California, more particularly described on Exhibits "A" and "B" attached hereto and made a part hereof. 4. 6:30 PM on Wednesday, January 25, 2006, 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. 5. 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 not record any final adoption of said vacation until the applicant provides for the realignment of the facility lines within the vacating area to the satisfaction of the effected utility company and the City of Bakersfield Public Works Department. If needed the applicant will provide adequate easements for any relocated public utility across private property to be approved by the City of Bakersfield and or the public utility company. G,IGROUPDAT\ADMINRPn2006101 -IIIR011426 ~ 'òþ./(~1 o ~ >- - m \;;.r- " <::> - 1 - ORIGINAl __. _ ,~_ü_.,,_._.·_._._._.~.._·. . _._ _.~..._..___.+,.. ___.__.',_... ___._._w.._.._..._,_ ._....._. 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. 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. ---------------000-------------- - 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 .IAN 11 2006 by the following vote: < .::AYF~';~) NOES: ABSTAIN: ABSENT: v/ \.-_...,,-, ~ ------ ,.....---- L..--- ~- COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER it r1k PAMELA A. McCARTHY, C CITY CLERK and Ex Officio lerk of the Council of the City of Bakersfield APPROVED JAN 1 1 2006 HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: ~1t0~ 5< 'òAK~--9 <:) ~ >- - I- m ., ORIGINAE G:IGROlJPDA TlADMINRPTl2006101-IIIROII426 - 2- - 'WI EXHIBIT "A" LEGAL DESCRIPTION FOR VACATION OF EASEMENTS FOR THAT PORTION OF 36TH STREET ABANDONED BY THE KERN COUNTY BOARD OF SUPERVISORS PER RESOLUTION NO. 75-457 PARCEL 1 That certain EMERGENCY FIRE ACCESS EASEMENT as described in Kern County Board of Supervisors Resolution No. 75-457 recorded October 1, 1975 in Book 4917, Page 408, Official Records. PARCEL 2 That certain easement and right at any time, or from time to time, pursuant to any existing franchise or renewal thereof, to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, wires, poles, and other convenient structures, equipment and fixtures for the operation of gas pipelines, telegraphic of telephone lines and for the transportation and distribution of electric energy, petroleum and its products, including access to protect the property from all hazards in, upon and over the property abandoned as described in Kern County Board of Supervisors Resolution No. 75-457 recorded October 1, 1975 in Book 4917, Page 408, Official Records. (Public Utilities Easement). PARCEL 3 That easement for ingress, egress, parking and road purposes as described in that certain document recorded May 23, 1985 in Book 5763, Page 68, Official Records. (public Access Easement). PARCEL 4 That easement for drainage purposes as described in that certain document recorded May 24, 1985 in Book 5763, Page 811, Official Records. PARCEL 5 That easement for sewer purposes as described in that certain document recorded July 25, 1985 in Book 5772, Page 1293, Official Records. ~, _... ___...____,_.__<. _____...~.__.._..__.._.... _ '_ ····_··_··_·_·M···._ ..._____...__...,"_.____._..,_.____'.___.___,~_ ~ 'ò/i.Kl;'--9 o % >- - I-- m "ð ORIGINALS' , \ to r;\ <D N '\- =;; N to P 0 0 N Z to ro N C') I"- o ¡ to '- ", - - - - - --- \~ ,...J ~ - S 69'51'42" E 264.05' N89'59'27"E 263.98' ii_I - I"- ~N to . °10; to=;; \ ' -. N --'to i - _ 0 Q)O 1"-' .0 00 VJ . \. I N îif"-- R ¡ \ ~VT ~I- - --, -- -"<t- to I~ -~Q) - co ,~ --------------- -- - -- if,' i COUNTY OF KERN DRAINAGE EASEMENT , PER BOOK 5763, PAGE 811, Q.R. - --==:::..::::: --' AND PUBLIC ACCESS EASEMENT _ _ _ _ PER BOOK 5763, PAGE 6~.R-=--- PUBLIC UTILITIES EASEMENT PER BOOK 4917 PAGE 40.§...O.R. 25' COUNTY OF KERN FIRE ACCESS EASEMENT _P~O~9'~A~08~. ~ 25' W1DE ALTA VERDE SAN ITA "DON DISTRICT SEWER EASEMENT PER BOOK 5772, PG. 1293, O.R. - r - N89'59'27"E 263.96' ABANDONED 36TH STREET - 62.50 FT WIDE to co ".__. U' __.._ \ , ~ 1 SCALE: 1"=50' ~-- -- o 25 -- -- ----- I- W W 57.75' cr: I- Uì ...c -+-' tD I") GJ W =:J z WI > «I THA T PORTION OF 36TH STREET WEST OF CHESTER AVENUE AS ABANDONED BY KERN COUNTY BOARD OF SUPERVISORS RESOLUTION NO. 75-457 RECORDED OCTOBER 1, 1975 IN BOOK 4917, PAGE 408, OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER. LINE L1 'ow to, cDN N¡.tO ~o p ¡8 VJ LENGTH 20.00' N69'59'06"E 263.92' , 50 CHRISTOPHER l. CONWAY OA TE PORTER . ROBERTSON ENGINEERING !. SURVEYING, INC. 661 1327-0362 FAX 661 /327-1065 EXHIBIT "-8" ABANDONED 36TH STREET ð-~A/( (J1 EASEMENT VACATION (; ~ IN THE CITY OF BAKERSFIEL'føRlgIN ~ JOB NO. 05- 2026 DA TE: OS/25/05 - -.., -"'~""-"---"--"---_..~- -" DWG. FILE: 2028SM 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 12th day of Januarv ,2006 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1426. passed by the Bakersfield City Council at a meeting held on the 11th day of Januarv, 2006 and entitled: A RESOLUTION DECLARING INTENTION TO ORDER THE VACATION OF THE PUBLIC UTILITIES EASEMENTS ON PORTION OF 36TH STREET, WEST OF CHESTER AVENUE PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield ~Îl By: . L 'tA..{J- DEPU Y Ci Y Clerk S:\DOGUMENT\FORMS\AOP. ORD .wpd '< 'òJ>.K~-9 o ú' >- "!. ,... en _ r- " e:, ORIGINAL