HomeMy WebLinkAboutRES NO 136-06
James W. Fitch,! Assessor- Recorder
Kern County Official l1ecords
Recorded at the request of
Public
TELFORDT
12/0112006
9:18 AM
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Recording requested by
and for the benefit of the
CITY OF BAKERSFIELD
WHEN RECORDED MAIL TO:
CITY OF BAKERSFIELD
CITY CLERK
1501 TRUXTUN AVENUE
BAKERSFIELD, CA 93301
RESOLUTION NO. 136-06
A RESOLUTION OF THE COUNCIL ORDERING THE VACATION OF
THE ALLEY BETWEEN LAKE STREET AND KENTUCKY STREET,
FROM KING STREET TO BAKER STREET, AND A PORTION OF THAT
ALLEY BETWEEN LAKE STREET AND KENTUCKY STREET, FROM
BAKER STREET TO KERN STREET
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RESOLUTION NO.
136-06
A RESOLUTION OF THE COUNCIL ORDERING THE VACATION OF
THE ALLEY BETWEEN LAKE STREET AND KENTUCKY STREET,
FROM KING STREET TO BAKER STREET, AND A PORTION OF THAT
ALLEY BETWEEN LAKE STREET AND KENTUCKY STREET, FROM
BAKER STREET TO KERN STREET
WHEREAS, on WEDNESDAY, April 26,2006, the Council of the City of
Bakersfield, pursuant to the provisions of the "Public Streets, Highways and Service
Easements Vacation Law," Government Code Sections 8300 et seq. of the Streets and
Highways Code of the State of California, passed and adopted Resolution of Intention
No. 1449 declaring its intention to order the vacation of the entire alley between Lake
Street and Kentucky Street, from King Street to Baker Street, and portion of the alley
between Lake Street and Kentucky Street, from Baker Street to Kern Street in the City
of Bakersfield; and
WHEREAS, the Council did fix a time and place for hearing all persons
interested in or objecting to said proposed vacation, which hearing was held on May 24,
2006, after notices of said hearing was duly published and posted as required by law;
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.
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 orders the vacation of the alley between Lake Street and Kentucky
Street, from King Street to Baker Street, and a portion of that alley between Lake Street
and Kentucky Street, from Baker Street to Kern Street in the City of Bakersfield, County
of Kern, State of California, more particularly described in Exhibit "A" and shown in
Exhibit "B" attached hereto and made a part hereof.
3. 6:30 PM on Wednesday, May 24, 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.
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4. This project is dependent on the outcome of General Plan Amendment / Zone
Change 05-1930 that has been filed in City of Bakersfield Planning Department.
5. The conditions for completion for said vacation are as follows:
a) The vacated area shall be reserved as non-exclusive easement for public utilities
in, under (6" sewer), over, and upon the entire above described alley right of way
area (as shown on said Exhibits "A" and "B"). Full access for utilities shall be
maintained to the greatest extent possible.
b) All aerial cables shall be placed underground.
c) The developer shall remove the rolling and single man doors on the north wall of
the Coronet building to the south wall through the parking area just north of
Kentucky Street.
d) The developer must relocate the fire sprinkler to the satisfaction of the City Fire
Department.
6. The City Clerk shall certify to the passage of this resolution and shall cause a
certified copy hereof, attested by the Clerk under the seal of the City, to be recorded in
the Office of the County Recorder of the County of Kern, California.
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I HEREBY CERTIFY ~t the foregoing Resolution was p~ed and adopted, by the
Council of the City of Bakersfield at a regular meeting thereof held on
MAY 24 {ons by the following vote:
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ABSTAIN:
ABSENT:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Cle
Council of the City of Bakersfield
APPROVED
MAY 24: 200S
HAR EY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: ~ 'in,~
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Exhibit" A"
Legal Description
"Alley Abandonment"
Being a portion of the Northeasterly, one quarter of Section 29 T. 29S. R 28 E.
M.D.B & M in the City of Bakersfield, State of California described as follows:
Parcel 1
All that portion of the Alley in Block 56 in the city of Bakersfield, formerly known
as the Town of Kern, as per map recorded in Book 1, pages 15 and 16 of maps, in
the office ofthe Kern County Recorder, described as follows: Commencing at the
Centerline monument of the Centerline intersection of Baker Street and the
Southerly Right of Way of Lake Street; thence Southerly along said Centerline
S 160 16' 00" W, 150.06 feet; thence departing said Centerline at right angles N 730
44' 00" W, 40.00 feet to the Southeasterly corner of Lot 1 said point being the True
Point of Beginning: thence S 160 16' 00" W along the Westerly Right of Way ofsaid
Baker Street on the Easterly end of the Alley in said Block 56, 20.00 feet to the
Northeasterly corner of Lot 32; thence N 730 43' 44" W along the Southerly Line of
said Alley, 113.73 feet to the beginning of a non tangent curve concave
Northwesterly and to which a radial line bears N 160 16' 16" E, 20.00 feet; thence
Northeasterly along said curves through a central angle of 900 00' 00" and arc
length of 31.42 feet to a point on the North line of said Alley; thence S 730 43' 44" E
along said North line 93.72 feet to the True Point of Beginning
Parcel 2
The entire Alley in Block 57 of said Town of Kern
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