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HomeMy WebLinkAboutRES NO 276-07 Resolution No. 276-07 was approved by Council, but not recorded due to an error with the exhibits. Please see Resolution No. 276-07(1) adopted April 9, 2008. ~ fQ~KS'-9. o ~ >- - .... m i3 S ORIGINAL RESOLUTION NO. 2 7 (, - 07 A RESOLUTION OF THE COUNCIL ORDERING THE VACATION OF A PORTION OF "M" STREET, "0" STREET, 13th STREET, "P" STREET, AND TWO ALLEYS WHEREAS, on WEDNESDAY, November 28, 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. 1566 declaring its intention 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; 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 December 12, 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 November 6,2007. 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 ~ fQA.k~1> a % ;:.... - -t:i- m o l; ORIGINAL G:\GROUPDA 1\ADMINRPTI2007\1 2-1 2\R0I Final -1566- Resolution.doc 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. The storm drain line in "N" Street and 13th Street will be relocated and an easement will be granted to the city. 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 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. As a condition of the completion of said vacation, pursuant to Section 8324(b) of the Streets and Highways Code of the State of California, the City Clerk shall not record any final adoption of said vacation until the applicant provides for the (a) reservation of an easement for the storm drain at "N" Street and 13th Street relocation and connection to existing storm drain. 9. 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 DEe 1 2 ~7 by the following vote: ~ ABSTAIN: ABSENT: ./ ~ ,/ ,,/' ,,/' ./' COUNCILMEMBER ee~OII, CARSON, BENHAM, W~IR, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER fV:Jv...R... COUNCILMEMBER f'\ij1UL.. COUNCILMEMBER Co~ G:\GROUPDA 1\ADMINRP'I\2007\I 2- I 2\R0I Final - I 566- Resolution.doc ~r>-K~~ ~ ~ -~ ~ <3 0 ORIGINAL ~ PAMELA A. McCARTHY, CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED HARVE L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By; /1Id 1!h ~ G:\GROUPDA1\ADMINRP'I\2007\I2-l2\R0I Final-1566- Resolution.doc 'Qr>-Kt~~ ~ '* -~- ! <..) ORIGINAL 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 "N" 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. X 'QM~~ o ~ .>.. - I- m _ r- <..) 0 ORIGINAL 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 2r15'53", 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 I~~~ · 1_- _HSOINI::>W. NV1d NOl.LV:>V^ ":IllY aNY .L33I:l.LS fnffte&l.WNCU.OaNQl.1.lllOoj _ it; A.Uft)() '. lTWMIllYI >II .ui:) .- - .. ~ - '---' :~.__. ii~lllIOi , , l6 ':~ __0-~~ [ll Q.. c( :i ci ::E :i ..: '" Z ~ .. Q N ... ~:! t- o:~ .0 c( j;"- ::>~ 0 0'-' "',,- ..0 < ~I!! > ~;:" a:l i'" >- i2ffi 0'" .... 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