HomeMy WebLinkAboutROI NO 1566
RESOLUTION OF INTENTION NO. 1566
A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION
TO ORDER THE VACATION OF A PORTION OF "M" STREET, "0" STREET, 13th
STREET, "P" STREET, AND TWO ALLEYS
WHEREAS, The City of Bakersfield submitted a request for the vacation of the
7.25 foot wide strip of land on the Northeast corner of "M" Street and California Avenue
and "0" Street between California Avenue and 14th Street, and 13th Street between "N"
Street and "P" Street, and "P" Street south of 13th Street and 198.41 foot long, and 20
foot wide alley north of California Avenue between "N" Street and "0" Street, and a 33
foot wide alley north of California Avenue and between "0" Street and "P" Street
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
General Plan pursuant to Government Code 65402 by the Planning Director on
November 14, 2007.
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 7.25 foot wide strip of land on the
Northeast corner of "M" Street and California Avenue and "0" Street between California
Avenue and 14th Street, and 13th Street between "N" Street and "P" Street, and "P"
Street south of 13th Street and 198.41 foot long, and 20 foot wide alley north of
California Avenue between "N" Street and "0" Street, and a 33 foot wide alley north of
California Avenue and between "0" Street and "P" 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 "0" Street of the vacation area shall be reserved as a non-
exclusive easement for sewer and utility purposes.
5. The existing 6-inch sewer lines in the two alleys proposed to be vacated are to be
privately maintained upon recordation of final resolution for this street vacation.
6. 6:30 PM on Wednesday, December 12, 2007, in the Council Chambers, City Hall,
1501 Truxtun Avenue, Bakersfield, California, is hereby fixed as the time and place
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when all persons interested in or objecting to the proposed vacation may appear before
the City Council and be heard.
7. 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.
8. 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.
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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
NOV 2 8 2007 by the following vote:
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ABSTAIN:
ABSENT:
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COUNCILMEMBER 06~~P1.LC.A.fl~ON, BENHAM, WEIR, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER 1UJ.Y'--'c:...
COUNCILMEMBER ~
COUNCILMEMBER (! () I ^,-C .k.--
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PAMELA A. McCART CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
HARVE L. ALL
Mayor of the City of Bakersfiel
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By:
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EXHIBIT "A"
STREET AND ALLEY VACATION
LEGAL DESCRIPTION
ALL THOSE PORTIONS OF THE SOUTH HALF OF SECTION 30, TOWNSHIP 29 SOUTH, RANGE 28
EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED
AS FOLLOWS:
PARCEL "A"
THE EASTERLY 7.25 FEET OF "M" STREET LYING SOUTH OF THE WESTERLY PROLONGATION
OF THE NORTH LINE OF THE SOUTH HALF OF LOT 13, IN BLOCK 390 OF THE STARK TRACT,
FILED FOR RECORD IN BOOK 1 OF MAPS AT PAGES 103 AND 104 IN THE OFFICE OF THE KERN
COUNTY RECORDER AND NORTH OF THE NORTHERLY RIGHT-OF-WAY LINE OF CALIFORNIA
AVENUE.
CONTAINING 2,124 SQUARE FEET, MORE OR LESS.
PARCEL "B"
THE SOUTH HALF OF 13TH STREET, (41.25 FEET IN WIDTH), LYING BETWEEN THE EASTERLY
RIGHT-OF-WAY LINE OF uN" STREET AND THE WESTERLY RIGHT-OF-WAY LINE OF "0" STREET.
CONTAINING 10,893 SQUARE FEET, MORE OR LESS.
PARCEL "C"
THE NORTH HALF OF 13TH STREET, (41.25 FEET IN WIDTH), LYING BETWEEN THE EASTERLY
RIGHT-OF-WAY LINE OF "N" STREET AND THE WESTERLY RIGHT-OF-WAY LINE OF "0" STREET.
CONTAINING 10,893 SQUARE FEET, MORE OR LESS.
PARCEL "0"
THE WEST HALF OF "0" STREET (41.25 FEET IN WIDTH), LYING SOUTH OF THE SOUTHERLY
LINE OF THAT CERTAIN STREET VACATION RESOLUTION RECORDED 31 OCTOBER, 1997, AS
DOCUMENT NO. 0197145099 OF OFFICIAL RECORDS, AND NORTH OF THE CENTERLINE OF 13TH
STREET.
CONTAINING 10,120 SQUARE FEET, MORE OR LESS.
PARCEL "E"
THAT PORTION OF "0" STREET SHOWN WITHIN PARCEL 1 OF PARCEL MAP NO. 10972, FILED
FOR RECORD IN BOOK 53 OF PARCEL MAPS AT PAGES 95 AND 96 IN THE OFFICE OF THE
KERN COUNTY RECORDER.
CONTAINING 4,943 SQUARE FEET, MORE OR LESS.
PARCEL "F"
THOSE PORTIONS OF "0" STREET AND 13TH STREET SHOWN WITHIN PARCEL 2 OF PARCEL
MAP NO. 10972, FILED FOR RECORD IN BOOK 53 OF PARCEL MAPS AT PAGES 95 AND 96 IN
THE OFFICE OF THE KERN COUNTY RECORDER.
CONTAINING 10,338 SQUARE FEET, MORE OR LESS.
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EXHIBIT "A"
STREET AND ALLEY VACATION
LEGAL DESCRIPTION
(CONTINUED)
PARCEL"G"
ALL OF "0" STREET LYING SOUTH OF THE CENTERLINE OF 13TH STREET AND NORTH OF THE
NORTHERLY RIGHT-OF-WAY LINE OF CALIFORNIA AVENUE.
CONTAINING 25,177 SQUARE FEET, MORE OR LESS.
PARCEL "H"
COMMENCING AT THE CENTERLINE INTERSECTION OF CALIFORNIA AVENUE AND "Q" STREET;
THENCE NORTH 00050'27" EAST, ALONG THE CENTERLINE OF "Q" STREET, A DISTANCE OF
123.41 FEET; THENCE DEPARTING SAID CENTERLINE AT RIGHT ANGLES NORTH 89009'33"
WEST, A DISTANCE OF 41.25 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE
FOLLOWING FIVE (5) COURSES:
1) NORTH 00050"27" EAST, A DISTANCE OF 198.41 FEET; THENCE
2) NORTH 89011 '43" WEST, A DISTANCE OF 263.90 FEET; THENCE
3) NORTH 00051'15" EAST, A DISTANCE OF 41.25 FEET; THENCE
4) SOUTH 89011"43" EAST, A DISTANCE OF 322.03 FEET TO THE BEGINNING OF A NON-
TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 523.25 FEET, FROM
WHICH POINT A RADIAL LINE BEARS SOUTH 61053'40" EAST; THENCE
5) SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 27015'53", AN
ARC DISTANCE OF 248.99 FEET TO THE POINT OF BEGINNING.
CONTAINING 15,421 SQUARE FEET, MORE OR LESS.
PARCEL "J"
ALL OF THE ALLEY IN BLOCK 389 OF THE CITY OF BAKERSFIELD AS PER MAP FILED FOR
RECORD IN BOOK 1 OF MAPS AT PAGES 13 AND 14 IN THE OFFICE OF THE KERN COUNTY
RECORDER.
EXCEPT THE NORTHERLY AND SOUTHERLY 6.50 FEET THEREOF, AS VACATED BY
RESOLUTION NO. 416 OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD ON NOVEMBER
27,1921.
CONTAINING 5,281 SQUARE FEET, MORE OR LESS.
PARCEL "K"
ALL OF THE ALLEY IN BLOCK 388 OF THE CITY OF BAKERSFIELD AS PER MAP FILED FOR
RECORD IN BOOK 1 OF MAPS AT PAGES 13 AND 14 IN THE OFFICE OF THE KERN COUNTY
RECORDER.
CONTAINING 8,710 SQUARE FEET, MORE OR LESS.
MciNTOSH & ASSOCIATES
2001 Wheelan Court
Bakersfield, CA 93309
(661) 834-4814
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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 29th day of November, 2007 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1566,
passed by the Bakersfield City Council at a meeting held on the 28th day of November,
2007 and entitled:
A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO
ORDER THE VACATION OF A PORTION OF M STREET, 0 STREET,
13TH STREET, P STREET AND 2 ALLEYS.
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY:~~
DEPUTY City Clerk
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11/30/2007
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,.._-------,
. POSTED ON !
01 ~
RESOLUTION OF INTENTION NO. 1566 by i Y Clerk's Office
City of
A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTIO sakerSfLjield
TO ORDER THE VACATION OF A PORTION OF "M" STREET, "0" STR ET,13th IJJ
STREET, "P" STREET, AND TWO ALLEYS ! by__ !a::::
WHEREAS, The City of Bakersfield submitted a request for the vacation of the
7.25 foot wide strip of land on the Northeast corner of "M" Street and California Avenue
and "0" Street between California Avenue and 14th Street, and 13th Street between "N"
Street and "P" Street, and "P" Street south of 13th Street and 198.41 foot long, and 20
foot wide alley north of California Avenue between "N" Street and "0" Street, and a 33
foot wide alley north of California Avenue and between "0" Street and "P" Street
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
General Plan pursuant to Government Code 65402 by the Planning Director on
November 14, 2007.
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 7.25 foot wide strip of land on the
Northeast corner of "M" Street and California Avenue and "0" Street between California
Avenue and 14th Street, and 13th Street between "N" Street and "P" Street, and "P"
Street south of 13th Street and 198.41 foot long, and 20 foot wide alley north of
California Avenue between "N" Street and "0" Street, and a 33 foot wide alley north of
California Avenue and between "0" Street and "P" 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 "0" Street of the vacation area shall be reserved as a non-
exclusive easement for sewer and utility purposes.
5. The existing 6-inch sewer lines in the two alleys proposed to be vacated are to be
privately maintained upon recordation of final resolution for this street vacation.
6. 6:30 PM on Wednesday, December 12, 2007, in the Council Chambers, City Hall,
1501 Truxtun Avenue, Bakersfield, California, is hereby fixed as the time and place f6A.Kf:
G:\GROUPDAT\ADMINRPT\2007\11-28\R0I1566 M-O-P-13 St Resolution.doc - 1 J . 1>~,
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