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HomeMy WebLinkAboutROI NO 1579 RESOLUTION OF INTENTION NO. 1579 A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF A 20 FOOT WIDE ALLEY BETWEEN "Q" STREET AND "R" STREET AND SOUTH OF 23TH WHEREAS, The City of Bakersfield submitted a request for the vacation of a portion of a 20 foot wide alley; and WHEREAS, for the above-described project, it was determined that the proposed vacation is exempt from CEaA, pursuant to Section 15061 (b) (3) of CEaA 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 a portion of the 20 foot wide alley located between "a" Street and "R" Street and south of 23rd 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 being vacated shall be reserved as a non-exclusive easement for sewer and public utility purposes. 5. 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. 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. G:\GROUPDAT\ADMINRPT\2007\11-28\ROI 1579 Q-R Alley Resolution.doc <oM~"9 ~ ~ - 1 - > ;:;:. t:;:. r- v C> 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. ---------------o()o--------------- 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 2097 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ./ ,/ ,/ v ,/' vi" COUNCILMEMBER gQI.,JOII, CARSON, BENHAM, WEIR, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER ~ COUNCILMEMBER I\..1n\....L- COUNCILMEMBER (' D u...Lt-. ~~~ PAMELA A. McCART , CMC I CITY CLERK and Ex ()fficio Clerk of the Council of the City of Bakersfield APPR()VED NOV 2 8 2007 APPR()VED as to form VIRGINIA GENNARO City Attorney By: ~ (YI-. ~ G:\GROUPDAT\ADMINRPT\2007\11-28\ROI 1579 Q-R Alley Resolution.doc ~ ~"'K~1 () ~ -2- >- fi t:: r o t' ORIr-I~l" I EXHIBIT "A" ALLEY VACATION AT "Q" STREET AND "R" STREET SOUTH OF 23RD STREET Being a portion of Block 173 of the Baker Homestead Tract recorded on April 3, 1889, also being a portion of the South half of Section 30, 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 20 foot wide alley of said Block 173, bounded on the North by the Southerly right of way line of 23rd Street, and on the East by the Westerly lines of Lots 12, 11, and 10, and on the South by the Westerly prolongation of the South line of Lot 10, and on the West by the Easterly lines of lots 3,2, and 1. 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 173 of the" Map of the City of Bakersfield", bounded on the North by the Southerly right of way line of 23rd Street, and on the East by the Westerly lines of Lots 12, 11, and 10, and on the South by the Westerly prolongation of the South line of Lot 10, and on the West by the Easterly lines of lots 3,2, and 1 situated in the City of Bakersfield, Kern County, California. Containing 2,640 square feet. END ()F DESCRIPTI()N <oMf-9. J U1 0('. >- .- rn '::: r- o b ORIGINAl EXHIBIT "B" 82.5' 23 PROPOSED ALLEY VACATION & PUBLIC UTILITIES EASEMENT RESERVA TION ~ in -N IX) ---- 2 N 11 I") .- ---- ---- . ~ 3 10 . (f) ~ I(f) I 4 9 0 cr:: ---- BLOCK NO. 173 5 8 ---- ---- 6 7 in -N , 22 ST. IX) l r l 82.5' NORTH - NOT TO SCALE RECORDED____ 20__ CITY OF BAKERSFIELD DATE 11-14-07 IN BOOK___ AT P AGE___ CALIFORNIA DRAWN RG OFFICIAL RECORDS OF KERN COUNTY, CALIFORNIA ENGINEERING DEPARTMENT CHECKED 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. 1579, 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 PROTION OF A 20 FOOT WIDE ALLEY BETWEEN Q STREET AND R STREET AND SOUTH OF 23RD. PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY:~~~ DEPUTY City Clerk S:\DOCUMENT\FORMS\AOP .ROI. wpd 11/30/2007 ~ 'OI\K~ o ~ >- - rn ~ G ORIGINAl I POSTED ON I~ RESOLUTION OF INTENTION NO. 1579 by City Clerk's Office City of A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTIO Bakersfield TO ORDER THE VACATION OF A PORTION OF A 20 FOOT WIDE A ~EY 'fr-. BETWEEN "Q" STREET AND "R" STREET AND SOUTH OF 23T y WHEREAS, The City of Bakersfield submitted a request for the vacation of a portion of a 20 foot wide alley; and WHEREAS, for the above-described project, it was determined that the proposed vacation is exempt from CEaA, pursuant to Section 15061 (b) (3) of CEaA 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 a portion of the 20 foot wide alley located between "a" Street and "R" Street and south of 23rd Street in the City of Bakersfield, County of Kern, State of California, more particularly described in Exhibit "A" and shown in Exhibit liB" attached hereto and made part hereof. 4. The portions of the alley being vacated shall be reserved as a non-exclusive easement for sewer and public utility purposes. 5. 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. 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. G:\GROUPDA T\ADMINRPT\2007\11-28\ROI 1579 Q-R Alley Resolution.doc - I - X <oAK~1> o ~ >- - t;:: ~ v ORIGINAr(:)