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HomeMy WebLinkAboutROI NO 1251RESOLUTION OF INTENTION NO. 1251 A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO ORDER THE VACATION OF 1sT STREET BETWEEN CHESTER AVENUE AND EYE STREET WHEREAS, Porter-Robertson Engineering & Surveying, Inc. on behalf of Interstate Properties, Inc., submitted a request for the vacation of 1 st Street between Chester Avenue and Eye Street; and WHEREAS, for the above-described project, it was determined that the proposed vacation could not have a significant effect on the environment and in accordance with the California Environmental Quality Act (CEQA) a Negative Declaration has been approved for the proposed vacation; and WHEREAS, at its meeting on June 25, 2001, the vacation and relocation was duly heard and considered by the Planning Commission and found to be consistent with Metropolitan Bakersfield 2010 General Plan. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are tree and correct and are incorporated herein. This Resolution is adopted pursuant to Section 8300, et seq. of the Streets and Highways Code of the State of California. The Council intends to order the vacation of 1st Street between Chester Avenue and Eye Street in the City of Bakersfield, County of Kern, State of California, more particularly described as follows: All of that portion of 1st Street (82.5 feet in width) bounded easterly by the prolongation of the west right of way line of Chester Avenue as said streets are shown in the Lowell Addition to the City of Bakersfield per map filed for record in Book lof Maps, Pages 13 and 14 in the Office of the Kern County Recorder, and bounded westerly by the northerly prolongation of the east right of way line of Eye Street as established by that indenture filed for record in Book 249, Page 382, Official Records in the Office of the Kern County Recorder. Public utility easement rights shall be reserved on, in and under the south 62 feet of the above described (Item 3) vacating area. As a condition of the completion of said vacation, pursuant to Section 8324 (b) of the Streets and Highways Code of the State of California, the City Clerk shall not G:\GROUPDATLADMIN RPT~2001 ~Aug22~Rcsolution 125 l.wpd -1- record any final adoption of said vacation until the applicant provides the following: The relocation of any existing public utilities within the remaining north 20.5 feet of the proposed vacating area (area not reserved per Item No. 4). Written verification that relocation of public utilities has been done to the satisfaction and acceptance of said affected utility company. 7:00 PM on Wednesday, September 19, 2001, 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. 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. 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. G:\GROUPDAT~ADMINRPT~2001 ~Aug22~Resolution 1251.wpd -2- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Bakersfield at a regular meeting thereof held on AUG 2 P. 2001 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNClLMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNClLMEMBER h.! 0 ~ ~ COUNCILMEMBER k.I ~ ~J E..- COUNCILMEMBER I~ 0 ~ ~. CITY CLERK and Ex Officio~[lerk of the Council of the City of Bakersfield APPROVED AUG 2 2 2001 MARK SALVAGG I 0 VICE MAYOR otc the City otc Bakers¢ield APPROVED as to form: CITY ATTORNEY of the City of Bakersfield G:\GROUPDAT~ADMYNRPT~2001 ~Aug22Wxesolution 1251.wpd -3- 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 Au(lust ,2001 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1251 passed by the Bakersfield City Council at a meeting held on the 22nd day of August 2001, and entitled: A RESOLUTION OF THE COUNCIL DECLARINGITS INTENTION TO ORDER THE VACATION OF 1sT STREET BETWEEN CHESTER AVENUE AND EYE STREET. /s/PAMELA A. McCARTHY City Clerk ofthe City of Bakersfield By: Deput~ City Clerk S:\Document\FORMS~AOP.ROI.wpd August 23, 2001 O,~IGINAL