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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 - I - (-) 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: ~ ~ 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 ~~~~~<Ei~f~\i.~~,;:~,,;: .t?<V"'/:"-:,\~., t,.JO,c.>.. - fZ.$../j,- ~~.,.. ',<>. (pfl ~7c01..:. j \~ !f11> ~o ^' ~./ ... .",">, "'A'''';~'-' ; .,'- 1 ...- - -" </ ~,~'1/!-.."",;~::'":--r:':-~: . .....' (>"., '4, ! j -.,. ("l..., I .,...._ J' ~~~~.~? ~-:',~~~~-~E:~"~ -' /~ S:\Street Vacations\21 Street Between King St - Beale Ave and Alley to North\Excibit A.doc \,..i' - f> r - --~ r-~ i",-J EXHIBIT "B" ^~~~~l~';~r1! ?>-.- \':/#(C_~"V :"'",...:_~ ~)\t'>>~>~;,"':,'>c ~.,& 'f>:.\.oJ /:'-=, 'j U. ND""',< ,", '-' < .. FA,-VZ ',; ,,\ ., A.." ',". .. /i~~~' ns:; '<),,,,~ . .';Y./\\ ~~ .... . / it _ ~"....; 0 f' ;1 '~"~. C',X;.jJ 1'j""" ~/~"' ,,',I "'\ :/4':>>'-..:. I "'-2,.,l.v".,,'~i:- // NOT TO SCALE ""~,,-::IE' ()2f~A! ,,;,i..,:/-:,,()' ~~~i~~i~~~!~:.~~~~~,::::Jr ~ ~ ~ BO' 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 , . ....'V I ""J VI" I J_~ 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 / c:J -1- rJ c '.