HomeMy WebLinkAboutROI NO 1595
RESOLUTION OF INTENTION NO. 1595
A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION
TO ORDER THE VACATION OF EAST 21sT STREET BETWEEN BEALE AVENUE
AND KING STREET AND THE ALLEY LOCATED BETWEEN EAST 21sT STREET,
KING STREET, SUMNER STREET AND BEALE AVENUE.
WHEREAS, Bakersfield Rescue Mission submitted a request for the vacation of
East 21st Street and Alley; 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 March
7,2008.
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 East 21st Street and Alley located at
East 21st Street between Beale Avenue and King Street and the Alley located between East 21st
Street, King Street, Sumner Street and Beale Avenue, 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. Public Works notes that there is an 8-inch and 6-inch sewer mainline in the alley,
and reserves a 20-foot wide easement over the entire alley in the vacating area. Also,
the Pacific Gas and Electric Company and the California Water Service Company note
that there is a gas line and waterline in the alley, and reserve a 20-foot easement over
the entire alley in the vacating area.
5. 6:30 PM on Wednesday, April 23, 2008, 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.
S:\Street Vacations\21 Street Between King St - Beale Ave and Alley to North\2 ROI 1595 E 21st Street and Alley - Resolution of
Intention.doc
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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.
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
MAR 2 6 2008 by the following vote:
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~
ABSTAIN:
ABSENT:
./.,.-/ ~ ~_. V ~/ ~
COUNCILMEMBER COUCH, CARSON, BENHAM, WEIR, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER ~
COUNCILMEMBER ~
COUNCILMEMBER ~
~L1.
PAMELA A. McCARTHY,
CITY CLERK and Ex ()ffici lerk of the
Council of the City of Bakersfield
APPR()VED
HARVEY L. HALL
Mayor of the City of Bakersfield
APPR()VED as to form
VIRGINIA GENNARO
City Attorney
By: f~/fi ~
S:\Street Vacations\21 Street Between King St - Beale Ave and Alley to North\2 ROl1595 E 21st Street and Alley - Resolution of - 2 -<',
Intention.doc
EXHIBIT "A"
STREET VACATION
OF EAST 21 ST STREET & ALLEY
WITHIN BLOCKS 94 & 107 OF THE MAP OF KERN
Being that portion of the street right of way and alley within Blocks 94 and 107 of the Map of
Kern recorded on April 10, 1893 in Book 1, Page 53, in the Office of the Kern County Recorder,
also being a portion of Section 29, 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 right of way of the alley within said Block 94 located between the right of
way of King Street an~ the East line of Lots 1 & 32 as described by Quitclaim Deed, recorded in
the office of the Kern County Recorder, May 25,1988, in Book 6125, Page 1895.
Also, the entire 80- foot right of way of 21 st Street within said Blocks 94 and 107 located between
the right of way of King Street and the East line of Lots 32 & 1 as described by said Quitclaim
Deed.
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 other structures, fixtures or equipment, in, under, over and upon the entire 20-foot
right of way of the alley within said Block 94 located between the right of way of King Street
and the East line of Lots 1 & 32 as described by said Quitclaim Deed.
Containing 0.87 Acers
End of Description
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EXHIBIT "B"
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STREET VACATION
OF EAST 21st STREET & ALLEY
WITHIN BLOCK 94 & 107 OF THE MAP OF KERN
r~;~;~1 VACATED AREA
RECORDED_ 20_
IN BOOK_ AT PAGE_
OFFICIAL RECORDS OF
KERN COUNTY, CALIFORNIA
DATE 02-28-08
CITY OF BAKERSFIELD
CALIFORNIA
DRAWN RS
ENGINEERING
DEPARTMENT
CHECKED
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALlF()RNIA)
) 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 27TH day of MARCH. 2008 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Resolution of Intention No. 1595,
passed by the Bakersfield City Council at a meeting held on the 26TH day of MARCH.
2008 and entitled:
A RES()LUTION ()F THE COUNCIL DECLARING ITS INTENTI()N T()
ORDER THE VACATI()N ()F EAST 21sT STREET BETWEEN BEALE
AVENUE AND KING STREET AND THE ALLEY L()CATED BETWEEN
EAST 21sT STREET, KING STREET, SUMNER STREET AND BEALE
AVENUE.
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By~afVY'.-.Q.QaJ~J./\o~ Q
DEPUTY City Clerk
S:\DOCUMENT\FORMSIAOP .ROI.wpd
3/26/2008
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I by City Clerk's Office
,
RESOLUTION OF INTENTION NO. 1595 I City of
I Bakersfield
A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTIO~ b
TO ORDER THE VACATION OF EAST 21ST STREET BETWEEN BEALE IS.
AND KING STREET AND THE ALLEY LOCATED BETWEEN EAST 21ST STREET,
KING STREET, SUMNER STREET AND BEALE AVENUE.
WHEREAS, Bakersfield Rescue Mission submitted a request for the vacation of
East 21st Street and Alley; and
WHEREAS, for the above-described project, it was determined that the proposed
vacation is exempt from CEOA, pursuant to Section 15061 (b) (3) of CEOA 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 March
7, 2008.
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 East 21 st Street and Alley located at
East 21 5t Street between Beale Avenue and King Street and the Alley located between East 21 st
Street, King Street, Sumner Street and Beale Avenue, 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. Public Works notes that there is an 8-inch and 6-inch sewer mainline in the alley,
and reserves a 20-foot wide easement over the entire alley in the vacating area. Also,
the Pacific Gas and Electric Company and the California Water Service Company note
that there is a gas line and waterline in the alley, and reserve a 20-foot easement over
the entire alley in the vacating area.
5. 6:30 PM on Wednesday, April 23, 2008, 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.
S:\Street Vacations\21 Street Between King St - Beale Ave and Alley to North\2 R0I1S95 E 21st Street and Alley - Resolution of
Intention.doc
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