HomeMy WebLinkAboutRES NO 042-07
James W. FitchJ,. Assessor- Recorder
Kern County Official t1ecords
Recorded allhe I8quesl of
Public
SOFIR
3/1312007
2:00 PM
Recording Requested by:
and for the benefit of
CITY OF BAKERSFIELD
And When Recorded Mail to:
DOC#: 0207056990
City Clerk
CITY OF BAKERSFIELD
1501 Truxtun Avenue
Bakersfield, CA 93301
II ~II ,~" /1/1/1, 1111
Slat Types: 1 Peges: 5
Fees 0.00
Taxes 0.00
Others 0.00
PAID $0.00
RESOLUTION NO. 042-07
A RESOLUTION OF THE COUNCIL ORDERING THE VACATION
OF THE 20-FOOT WIDE ALLEY IN BLOCK 7 OF ALTA VISTA
TRACT SOUTH OF BERNARD STREET AND WEST
OF INYO STREET
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ORIGINAL
RESOLUTION NO. 0 4 2 - 0 7
A RESOLUTION OF THE COUNCIL ORDERING THE VACATION OF THE 20-FOOT
WIDE ALLEY IN BLOCK 7 OF ALTA VISTA TRACT SOUTH OF BERNARD STREET
AND WEST OF INYO STREET
WHEREAS, on WEDNESDAY, February 7, 2007, 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. 1500 declaring its intention to order the vacation of the 20-Foot wide alley in Block 7
of Alta Vista tract South of Bernard Street and West of Inyo 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
February 28, 2007, after notices of said hearing were 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; and
WHEREAS, in accordance with Bakersfield Municipal Code Section 2.28.120,
the proposed vacation was found to be consistent with the Metropolitan Bakersfield
2010 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 orders the vacation of the 20-Foot wide 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 Exhibits "A" and "B" attached
hereto and made a part hereof.
4. The vacated area shall be reserved as a non-exclusive easement for public
utilities purposes within the vacated area (as shown on said Exhibits "A" and "B") and
full access for the utilities shall be maintained to the greatest extent possible.
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- 1 ORIGINAL
G:\GROUPDA 1\ADMINRPT\2007\02-28\Resolution 1500 Final.doc
5. 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.
---------------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
fEe 2 8 2007 by the following vote:
~
NOES:
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 Clerk of the
Council of the City of Bakersfield
APPROVED
FEB 2 8 2007
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: ~/12. ~
G:\GROUPDA 1\ADMINRPT\2007\02-28\Resolution 1500 Final.doc
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- 2 - ORIGINAL
EXIDBIT "A"
VACATION OF THE ALLEY LOCATED SOUTHWEST OF
BERNARDSTREETANDINYOSTREET
Being a part of Block 7 of Alta Vista Tract per map recorded on May 13, 1893 in 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
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ORIGINAL
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EXHIBIT "B"
Block 7 of Alto Vista Tract
BERNARD
STREET
b
tX)
7
JtFFtRs
ON
PROPOSED ALLEY
VACATION &
PUBLIC UTILITIES
EASEMENT
RESERVA TION
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80' SrRttr
i
NORTH
-
NOT TO SCALE
RECORDED____ 20__
IN BOOK___ AT PAGE___
OFFICIAL RECORDS OF
KERN COUNTY, CALIFORNIA ENGINEERING
CITY OF BAKERSFIELD
CALIFORNIA
DATE
11-08-06
DRAWN
RG
DEPARTMENT CHECKED