HomeMy WebLinkAboutROI NO 1634
RESOLUTION OF INTENTION NO. 1634
A RESOLUTION OF THE COUNCIL DECLARING ITS
INTENTION TO ORDER THE VACATION OF A PORTION
OF 14TH STREET, 13TH STREET, R STREET AND ALLEY
WEST OF R STREET
WHEREAS, the City of Bakersfield submitted a request for the vacation of a
portion of 14th Street, 13th Street, R Street and alley west of R Street to accommodate
the Creekview Villas, South Mill Creek Apartments and Mill Creek Courtyard projects;
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
24, 2009.
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 a portion of 14th Street, 13th Street,
R Street and alley west of R Street , all 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. Easements for public utilities, including City sewer, and public access will be
provided over those areas of the vacated streets as shown on Exhibits A and B and as
needed.
5. The utility companies serving the area have been notified by mail. A letter from
Kern Delta Water District was received with concerns to access the east bank of the
Kern Island Canal. The Mill Creek Linear Walk/Bike Path is installed on both sides of
the canal from the railroad tracks to California Avenue. The width of this path has been
designed to allow for canal maintenance service vehicles. The City has a long term
lease with renewable terms with Kern Delta Water District that requires the City to
perform all of the maintenance activities for the canal during the lease period. The City
also has an easement on 200 feet across the entire parking lot of the proposed South
Mill Creek Apartments north of 14th Street. The parking lot runs along the tracks from Q~pKF9
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the canal to S Street. The City's Economic and Community Development Department is
preparing a letter to Kern Delta Water District addressing their concerns.
6. 6:30 PM on Wednesday, July 15, 2009, 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. 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, 1600 Truxtun Avenue, in the City of
Bakersfield, within fifteen (15) days after its passage.
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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
JUN 1 0 tong by the following vote:
AYES: COUNCILMEMBER COUCH CARSON, BENHAM, WEIR, HANSON, SULLIVAN, SCRIVNER
NOES: COUNCILMEMBER Y &O C
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
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Me v14 1;
PAMELA A. McCARTHY MC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED JUN 1 0 2009
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: o~0AKF9~
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EXHIBIT "A"
LEGAL DESCRIPTION FOR PUBLIC STREET AND ALLEY VACATION
Being a portion of 1P Street, 10 Street and "R" Street of map book 1 at pages 15 and 16 recorded January 12,
1889, formerly known as "The Town of Kern", along with that portion of Alley in Block 374 between said 13`h
Street and said 14`h Street of said map and more particularly described as follows:
Commencing at the centerline intersection of California Ave and "S" Street as marked by a concrete monument
with pin in lamphole, thence North 00°00'01" East along the centerline of said "S" Street, a distance of 750.65
feet to a point on the easterly prolongation of the North right-of-way of said 14th Street; Thence North
89°59'44" West along said easterly prolongation, a distance of 41.25 feet to a point on the West right-of-way
line of said "S" street and the point of beginning;
Thence (1) South 00°00'01" West along said west right-of-way line, a distance of 82.50 feet to the South
right-of-way of said 14`h Street;
Thence (2) North 89°59'44" West along said South right-of-way, a distance of 264.07 feet to the East right-
of-way of "R" Street;
Thence (3) South 00°00' 15" West along said East right-of-way of "R" Street, a distance of 115.47 feet to the
North line of the alley within said Block 374;
Thence (4) South 89°5938" East along said North line of said alley, a distance of 264.08 feet to the West
right-of-way of said "S" Street;
Thence (5) South 00°00'02" East along said West right-of-way, a distance of 33.00 feet to the South line of
said alley;
Thence (6) North 89°59' 38" West along said South line, a distance of 264.08 feet to the East right-of-way of
said "R" Street;
Thence (7) South 00°00' 15" West along said "R" Street, a distance of 197.95 feet to a point on the easterly
prolongation of the south right-of-way line of said 13th Street;
Thence (8) North 90°00'00" West along said easterly prolongation and said south right-of-way line of 13`h
Street, a distance of 134.62 feet to the East boundary line of the Kern Island Canal;
Thence (9) North 01°09'06" West along said East boundary line, a distance of 82.52 feet to the intersection
of said East boundary line and the North right-of-way of said 13th Street;
Thence (10) South 89°59'32" East along said North right-of-way, a distance of 53.79 feet to the West right-
of-way of said "R" Street;
Thence (11) North 00°00' 15" East along said West right-of-way, a distance of 346.43' to the North right-of-
way of said 14`h Street;
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Thence (12) South 89°59'44" East along said North right-of-way a distance of 346.56 feet to the point of
beginning.
Contains 70,255 sq ft more or less.
Reserving a 25.00-foot wide easement for ingress and egress for public access, more particularly described as
follows and as shown on Exhibit "B":
1. The South 25.00 feet of the North 39.00 feet of 14th Street.
2. The South 161.00 feet of the North 200.00 feet of the West 25.00 feet of "R" Street.
Reserving a nonexclusive easement and right-of-way for public utilities over, on and under those portions of
14th Street, "R" Street, and the Alley in said Block 374 to lay construct, operate, maintain, repair, reconstruct,
change the size of, remove pipelines, conduits, cable, wires, poles or any other structure, fixture or equipment,
more particularly described as follows and as shown on Exhibit "B":
1. The South 41.25 feet of the East 180.00 feet of 14th Street.
2. The North 21.40 feet of the South 41.25 feet of 14th Street; excepting therefrom the East 180.00 feet
of 14th Street.
3. A 15.00-foot wide strip of land, lying 7.50 feet on either side of the centerline of the Alley in said
Block 374 and the westerly prolongation thereof. The sidelines of said 15.00-foot wide strip to be
lengthened or shortened as to terminate on the West right-of-way line of "S" Street and the
centerline of "R" Street.
4. West 41.25 feet of "R" Street.
LAND SGT`
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VAN DE VALK
L.S. 7214
* Exp. 03-31-10
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"THIS MAP IS PROVIDED FOR POINT OF BEGINNING
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ILLUSTRATIVE PURPOSES ONLY. APN 006-352-03 006-352-02 '
APN - 006-352-07
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41.25 J * Exp. 03-3 41 * BLOCK 374 W
SCALE: 1 "=60' I
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` LINE BEARING LENGTH
o L1 S 00'00'01" W 82.50'
I L2 N 89'59'44" W 264.07' I
1.25' J L3 S 00'00'15" W 115.47' 1
L10 L4 S 89'59'38" E 264.08' o
L5 S 00'00'02" E 33.00' p I
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L6 N 89'59'38" W 264.08' 0
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L7 S 00'00'15" W 197.95' I
L8 N 90'00'00" W 134.62' 1
L9 N 01'09'06" W 82.52' I
/ L10 S 89'59'32" E 53.79'
L11 N 00'00'15" E 346.43' 1
L$ L12 S 89'59; 44; E 346.56'
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I Q ~ ~ L13 N 89'59 44 W 41.25
i o POINT OF COMMENCEMENT
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® PUBLIC UTITLITY EASEMENT CALIFORNIA AVE~
® PUBLIC ACCESS EASEMENT
SHEET DATE 0511112009
PA JOB No. 08-2276 EXHIBIT qB r-
PRDJED..... NEER. R,V PORTER & ASSOCIATES, INC.
D-TSMEN RSV SOUTH MILL CREEK ENGINEERING & SURVEYING fi AK
120021 " Bakomfisid, Calibr- A 1
PA RE"E`"BY ' 661.3]0382 FN661.327 1Oelo
OF i SHEETS D"'E BAKERSFIELD CA ~
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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 11th day of June. 2009 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Resolution of Intention No. 1634 ,
passed by the Bakersfield City Council at a meeting held on the 10th day of June. 2009
and entitled:
A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION
TO ORDER THE VACATION OF A PORTION OF 14TH STREET,
13TH STREET, R STREET AND ALLEY WEST OF R STREET
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
DEPUTY City Clerk
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