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HomeMy WebLinkAboutROI NO 1575 RESOLUTION OF INTENTION NO. 1575 A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO ORDER THE VACATION OF AN 18 FOOT WIDE WAIVER OF DIRECT ACCESS AT THE INTERSECTION OF JEWETTA AVENUE AND BIRCHHAVEN AVENUE WHEREAS, The City of Bakersfield submitted a request for the vacation of an 18 foot wide Waiver of Direct Access; 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 General Plan pursuant to Government Code 65402 by the Planning Director on October 26,2007. 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 an 18 foot wide section of the existing Waiver of Direct Access located on Lot 11 of Tract Map No. 5334, filed for record on August 24, 1995 in Book 42 of Maps, at Page 24, at the northeast corner of the intersection of Jewette Avenue and Birchhaven Avenue in the City of Bakersfield, County of Kern, State of California, more particularly shown in Exhibit "A" attached hereto and made part hereof. 4. 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 when all persons interested in or objecting to the proposed vacation may appear before the City Council and be heard. 5. 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. ~M~1> ~ U1 - ~ ~ ~ r- v ORIGINAf 6. 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 NeV 28 2007 by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER ~, CAR~N, BENHA'M. wErF( HAN~N, SULtrV'AN, SC~NER COUNCILMEMBER ~ COUNCILMEMBER ~ COUNCILMEMBER (J 1) UJ>.A- PAtM:c~ r CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED NOV 2 8 2007 APPROVED as to form VIRGINIA GENNARO City Attorney By: ~1rJ. , ~ ~~K~l)>u' -29 <'( >- fi ~ b ORIGINAl /1 w > <( <( I-- I-- W S w ~ ~ EXHIBIT "A" <( I-- I-- W S w ~ ( \ i J OF DIRECT ACCiSS : I I I I 11 12 I 13 I 45' I WAIVER OF I i L~~~ _A_CCES_S_ -t _ _ ~ -;--....... I I I I I I I ~ w > <( ~ I \ I \ I EXISTING I I DRIVEWAY !: \ I:~ ~PROPERTY 7.83 J..-- LINE - ~t.~O' I I I DRIVEWA Y I / I / ~ I S' P.U.E. --------,---------- I I I DET AI L "A" _ _ _ _ _ _ _ ....1..-,_ _ _ _ _ _ __ I I I I-- U 14 L PROPERTY LINE --) --'---'--1----- REMOVE 18-FOOT WAIVER 45' W 0::::: <( :2 o 30' 30' 'b ", BIRCHHA VEN AVE 'b ", 45' I 45' r-----: --------:---- ('0 ! 9 ! & : s' P.U.E. 1 I I ------ _______-1 NORTH - ------ WAIVER OF DIRECT ACCESS DET AI L "A" NTS LEGEN D ~ NOT TO SCALE EXISTING WAIVER OF DIRECT ACCESS CITY OF BAKERSFIELD CALIFORNIA RECORDED____ 20__ IN BOOK___ AT P AGE___ OFFICIAL RECORDS OF KERN COUNTY, CALIFORNIA ENGINEERING DATE 11-13-07 DRAWN RG DEPARTMENT CHECKED Removal of WAIVER OF DIRECT ACCESS I hereby request removal of the "Waiver of Direct Access" to the property located at 11208 Birchhaven Ave, Bakersfield, CA 93312, Lot 11, Tract No. 5334, APN: 110-361- 01-00-7 from the street Jewetta Ave. A workshop-which has already been shown to meet building permit requirements, etc., will be built on the property and access to the workshop is to be from Jewetta Ave. The lot North of said lot (book 5910, page 619) has direct access, as does the lot directly North of that lot (16) and the parcels/lots across the street on the West, and most of the parcels/lots on Jewetta Ave. have direct access from Jewetta Ave. This section of Jewetta Ave. where access is being requested is a residential area. Access from Jewetta Ave. should in no way hinder the street nor cause any traffic flow problems in the area. The access is to be made on the West side of the parcel, at 12.5 feet from the Northwest comer of the lot and it will be 18 feet wide. The driveway will be and provide access to a gate located on the West side of the property along Jewetta. Attached is a parcel map, not to scale, with a drawing of proposed access. Dated: November 15, 2007 rj!~~4#- atalie Castillo, Property Owner ~Mf~ ~ rTu-' o <'( >- fi t;:: r v t, ORIGIN~I 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. 1575, 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 AN 18 FOOT WIDE WAIVER OF DIRECT ACCESS AT THE INTERSECTION OF JEWETTA AVENUE AND BIRCHHAVEN AVENUE. PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By:~~a-J'C/4~ DEPUTY City Clerk S:\DOCUMENT\FORMS\AOP. ROI.wpd 11/30/2007 ~1\K~1> J ~ >- - m ':;:. r- o (:) ORIGINAL r" "'~FIOST-El; ON " RESOLUTION OF INTENTION NO. 1575 Ii III 'Lq to -, ! , by City Clerk's Office I A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTIO~ City of TO ORDER THE VACATION OF AN 18 FOOT WIDE WAIVER OF DIRECT Accbssfield AT THE INTERSECTION OF JEWETTA AVENUE AND BIRCHHAVEN AI ~UE ()-. WHEREAS, The City of Bakersfield submitted a request for the vacation of an 18 foot wide Waiver of Direct Access; 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 General Plan pursuant to Government Code 65402 by the Planning Director on October 26,2007. 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 an 18 foot wide section of the existing Waiver of Direct Access located on Lot 11 of Tract Map No. 5334, filed for record on August 24, 1995 in Book 42 of Maps, at Page 24, at the northeast corner of the intersection of Jewette Avenue and Birchhaven Avenue in the City of Bakersfield, County of Kern, State of California, more particularly shown in Exhibit "A" attached hereto and made part hereof. 4. 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 when all persons interested in or objecting to the proposed vacation may appear before the City Council and be heard. 5. 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. ~p..K~1> - I~ ~ >- m l- r- es C:> ORIGINAL