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Home My WebLink AboutRES NO 062-08 James W. Fitch... Assessor- Recorder Kern County Official necords Recorded at the request 01 First American Title TELFORDT 5105/2008 8:01 AM ~ Recording Requested by: and for the benefit of CITY OF BAKERSFIELD And When Recorded Mail to: Stat Types: 1 Pages: 5 Fees 0.00 Taxes 0.00 Others 0.00 PAID $0.00 DOC#: 0208070043 City Clerk CITY OF BAKERSFIELD 1501 Truxtun Avenue Bakersfield, CA 93301 RESOLUTION NO. 062-08 A RESOLUTION OF THE COUNCIL ORDERING THE VACATION OF EAST 21 ST STREET BETWEEN BEALE AVENUE AND KING STREET AND THE ALLEY LOCATED BETWEEN EAST 21sT STREET, KING STREET, SUMNER STREET AND BEALE AVENUE. ~"'K~-9 ~ ~ >- -- I- ~ <:) 0 ORIGINAL ~ 't' RESOLUTION NO. -D-b2 0 8 A RESOLUTION OF THE COUNCIL ORDERING 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, on WEDNESDAY, March 26, 2008, 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. 1595 declaring its intention to order the vacation of East 21 st Street between Beale Avenue and King Street and the alley located between East 21 st Street, King Street, Sumner Street and Beale Avenue; 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 April 23, 2008, 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, Planning Department approved the vacation on March 7, 2008 per local ordinance and found to be consistent with the Metropolitan Bakersfield General Plan. 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 orders the vacation of East 21st 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. S:\Street Vacations\21 Street Between King St - Beale Ave and Alley to North\4 ROII595 E 21st Street and Allely Resolution Final.doc - 1 _ ~ ~M~-'9 () ~ .::>.. - I- m - r- <.) C ORIGINAL 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, tb,e Paeific 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. The City Clerk shall certify to the passage of this resolution and shall cause a certified copy hereof, attested by the Clerk under the seal of the City, to be recorded in the Office of the County Recorder of the County of Kern, California. ---------------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 APR 2 3 Z008 by the following vote: ~ NOES: ABSTAIN: ABSENT: ./ V" ,/ /' ./ V" ,/ COUNCILMEMBER COU~H, CARSON, BENHAM, WEIR, HAN~ON, SULLIVAN, SCRIVNER COUNCILMEMBER ~ 0l\..CL COUNCILMEMBER 11\ "'1. 12 COUNCILMEMBER (I\..tilA 0 ~ APPROVED HAR Y L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By:~m~ S:\Street Vacations\21 Street Between King St - Beale Ave and Alley to North\4 ROII595 E 21st Street and Allely Resolution Final.doc - 2 _ ~M~~ ~ ~ ;:.... -- I- (T1 _ r <.) 0 ORIGINAL '-' .., EXHIBIT "A" STREET VACATION OF EAST 21sT 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 and 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 c~;?JS;~~~_:~ :(;2:t~c, 'A""".:,J /~' '1 i! "I....' " ' ;, '~.';;~..'-.~). " ~~, ~I/ ., If'-. ~;'r /J 1 ') n ~.O/. . '. \~{~~~Q~~;.I~~'~~~:::"\ -. _. ....-- S:\Street Vacations\2l Street Between King St - Beale Ave and Alley to North\Excibit A.doc ~ ~"'I(~~ () ~ ;.... .,r I- ffI - F -lP C;J OM'l::lINAb EXHIBIT "B" j NORTH - ~ ~ ~ 80' ~~;~;~1 VACATED AREA STREET VACATION OF EAST 21 st STREET & ALLEY WITHIN BLOCK 94 & 107 OF THE MAP OF KERN RECORDED_ 20_ IN BOOK_AT PAGE_ OFFICIAL RECORDS OF KERN COUNTY, CALIFORNIA CITY OF BAKERSFIELD CALIFORNIA DATE 02-28-08 DRAWN RS ~M '9 () ~ ;:.... - I- m _ r- e ORIGINAL. ENGINEERING DEPARTMENT CHECKED