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HomeMy WebLinkAboutROI NO 1500 RESOLUTION OF INTENTION NO. 1500 A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO ORDER THE VACATION OF THE ALLEY SOUTH OF BERNARD STREET AND WEST OF INYO STREET WHEREAS, The City of Bakersfield submitted a request for the vacation of the alley South of Bernard Street and West of Inyo Street; and WHEREAS, for the above-described project, it was determined that the proposed vacation is exempt from CECA, pursuant to Section 15061 (b) (3) of CECA Guidelines (General Rule) in that there is no possibility that the proposed action could have a significant effect on the environment; and WHEREAS, In accordance with Bakersfield Municipal Code Section 2.28.120, the proposed vacation was found to be consistent with the Metropolitan Bakersfield General Plan pursuant to Government Code 65402 by the Planning Director on October 31,2006. 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 alley in Block 7 of Alta Vista tract South of Bernard Street and West of Inyo 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 part hereof. 4. The portions of the alley of the vacation area shall be reserved as non-exclusive easement for public utility facilities within the vacated area (as shown on said Exhibits "A" and "B"). 5. 6:30 PM on Wednesday, February 28,2007, 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. 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. S:\Street Vacations\KER 603-B AIley-SW Bernard & Inyo\Adrnin Report\ROI 1500 Resolution.doc ~ fQ"'k~~ () ~ ~ ,,: a- S ORIGINAL. 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 FER 7 2007 by the following vote: ~ NOES: ABSTAIN: c- 6BSENT~ v- ,....-- v---- ~ ...--- ~ COUNCILMEMBER COUCH, CARSON, BENHAM, WEIR, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER '--~~ ~ . .../ ~d.~ PAMELA A. McCARTHY, CM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED FES 7 2007 HARVEY L. HALL Mayor of the City of Baker APPROVED as to form VIRGINIA GENNARO City Attorney By: 4Jw;lJt ~ S:\Street Vacations\KER 603-B AIley-SW Bernard & Inyo\Adrnin Report\ROI 1500 Reso1ution.doc ~ fQ"'K~-9 () % ~2- iii !:: I"'" o l;) ORIGINAL EXHIBIT "A" Being a part of Block 7 of Alta Vista Tract per map recorded on May 13, 1893 in Map Book 1 Page 45 in the Office of the Kern County Recorder, also being a portion of Section 20, Township 29 South, Range 28 East, Mount Diablo Base and Meridian, City of Bakersfield, County of Kern, State of California, more particularly described as follows: The entire 20-foot wide alley of said Block 7, bounded by the Southerly lines of Lots 1, 2, and 3 of said tract, the Westerly right of way line of Inyo Street, the Northerly lines of Lots 26, 27, 28, 29, 30, 31, and 32 of said tract, and the South right of way line of Bernard Street. RESERVING a nonexclusive easement and right of way for public utilities, to lay, construct, operate, maintain, repair, reconstruct, change the size of or remove pipelines, conduits, cable, wires, poles or any other structures, fixtures or equipment, in, under, across, over and upon the 20-foot wide alley of said Block 7, bounded by the Southerly lines of Lots 1,2, and 3 of said tract, the Westerly right of way line of Inyo Street, the Northerly lines of Lots 26,27,28,29, 30, 31, and 32 of said tract, and the South right of way line of Bernard Street situated in the City of Bakersfield, Kern County, California. Containing 2,802.8 square feet. END OF DESCRIPTION S:\Street Vacations\KER 603-B AIley-SW Bernard & Inyo\Adrnin Report\ROI 1500 Resolution.doc ~ fQAk~1> o % >- - f- m 03- l; ORIGINAL EXHIBIT "B" Block 7 of Alta Vista Tract BERNARD STREET '0 IX> 7 JtFFtRs ON PROPOSED ALLEY VACATION & PUBLIC UTILITIES EASEMENT RESERVA TION . o Q:) 80' srRttr ! NORTH - NOT TO SCALE RECORDED____ 20__ IN BOOK___ AT P AGE___ OFFICIAL RECORDS OF KERN COUNTY, CALIFORNIA ENGINEERING CITY OF BAKERSFIELD CALIFORNIA DATE 11-08-06 ORA WN RG DEPARTMENT CHECKED 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 8th day of February, 2007 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1500, passed by the Bakersfield City Council at a meeting held on the~day of February, 2007 and entitled: A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO ORDER THE VACATION OF THE ALLEY SOUTH OF BERNARD STREET AND WEST OF INYO STREET PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield (" BY~~ DEPUTY ity Clerk S:\DOCUMENT\FORMSIAOP .ORD.wpd ~ fQ"'K~-9 o % >- - .- m _ r- o a ORIGINAL