HomeMy WebLinkAboutROI NO 1624RESOLUTION OF INTENTION NO. 1624
A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION
TO ORDER THE VACATION OF 82.5-FOOT WIDE 17T" STREET LOCATED
BETWEEN "R" STREET AND "S" STREET FOR THE DEVELOPMENT OF THE MILL
CREEK LINEAR PARK PHASE 5A
WHEREAS The City of Bakersfield submitted a request for the vacation of
82.5-foot wide 17th' Street between "R" Street and "S" Street for the Mill Creek Linear
Park phase 5A.; 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
October 8, 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 the 82.5-foot wide 17th Street
between "R" Street and "S" 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 82.5-foot wide 17th Street being vacated shall be reserved as anon-exclusive
easement for pedestrian walkway.
5. 6:30 PM on Wednesday, November 19, 2008, in the Council Chambers, City Hall,
1501 Truxtun Avenue, Bakersfield, California, is hereby fixed as the time and place
when alt 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,
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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.
---------------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
OCT 2 2 20r~g by the following vote:
AYE
ES:
ABSTAIN:
ABSENT:
/ / ~/ ~ ~
COUNCILMEMBER 6~AFJ94.1, CARSON, BENHAM, WEIR, HANSON,F~ttlVl~, SCRIVNER
COUNCILMEMBER
COUNCILMEMB
PAMELA A. McCARTHY, CM
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED ACT 2 2 2008
HARVEY'L. MALL ~
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By:
O~ ~ A ~~~'~''
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EXHIBIT "A"
STREET VACATION -17TH STREET BETWEEN R AND S STREETS
LEGAL DESCRIPTION
PARCEL "A"
All that portion of real property in the Southeast Quarter of Section 30, Township 29 South,
Range 28 East in the City of Bakersfield, County of Kern, State of California, more particularly
described as follows:
Commencing at the monumented intersection of the centerlines of R Street and S Street, thence
N45°50'33"E 58.35 feet to a point which is the southwest corner of Lot 5 of Block 265 as shown
on the "Map of Bakersfield, Kern County, California", filed in the office of the County Recorder
of Kern County, August 17, 1875, said point is the True Point of Beginning and is the
beginning of anon-tangent curve concave to the northwest, having a radius of 88.41 feet and
whose radial bears N85°26'44"W to the center point;
Thence along said curve an arc length of 127.69 feet and through a central angle of 82°45'24" to
a point on the south right of way line for 17`f' Street as shown on said Map of Bakersfield;
Thence along said south right of way line and along the north boundary line of Block 294 per
said Map of Bakersfield, S89°10'05"E 346.92 feet to the beginning of anon-tangent curve
concave to the southwest, having a radius of 50.48 feet and whose radial bears N47°43'53"E to
the center point,
Thence along said curve an arc length of 101.41 feet and through a central angle of 115°5'52" to
a point on the north right of way line for 17~' Street as shown on said Map of Bakersfield;
Thence along said north right of way line and along the south boundary lines of Lots 5, 6, 7 and
8 of Block 265 per said Map of Bakersfield, N89°10'5"W 285.39 feet to the True Point of
Beginning and the end of this description:
Described parcel contains 22,909 square feet more or less.
Basis of Bearings: The north line of Section 30, T29S, R28E, MDM per Kern County Survey
Investigation and Perpetuation Map, Map No. 7-1 Bk. 6 Page 108. Said north line bears North
89° 12' 18" West.
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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 23RD day of OCTOBER, 2008 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1624,
passed by the Bakersfield City Council at a meeting held on the 22ND day of
OCTOBER, 2008 and entitled:
A RESOLUTION DECLARING THE INTENTION TO ORDER THE
VACATION OF 82.5 FOOT WIDE 17T" STREET LOCATED BETWEEN R
STREET AND S STREET FOR THE DEVELOPMENT OF THE MILL
CREEK LINEAR PARK PHASE 5A.
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
DEPUTY City Clerk
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