HomeMy WebLinkAboutROI NO 1647
RESOLUTION OF INTENTION NO. 1647
A RESOLUTION OF THE COUNCIL DECLARING ITS
INTENTION TO ORDER THE VACATION OF THE WEST
PORTION OF ALLEY RIGHT OF WAY EASEMENT
RECORDED JULY 13, 1988 IN BOOK 6142, PAGE 104
WHEREAS, the City has received a request for the vacation of the west portion
of alley right of way easement recorded July 13, 1988 in Book 6142, Page 104, located
east of H Street, between 8th Street and 10th Street; 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 2, 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 the west portion of alley right of way
easement recorded July 13, 1988 in Book 6142, Page 104, 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. 6:30 PM on Wednesday, December 16, 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.
5. 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.
6. 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
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Bakersfield, within fifteen (15) days after its passage. <c
GAsub\SHARED\Street Vacations\St. Francis Church\ROI 1647.doc - 1ORIGWAL
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
NOV 0 4 2009 by the following vote:
YES COUNCILMEMBER COUCH, CARSON, BENHAM, WEIR, HANSON, SULLIVAN, SCRIVNER
NOES: COUNCILMEMBER n trl-k
ABSTAIN: COUNCILMEMBER CX%S
ABSENT: COUNCILMEMBER n
AL y
PAMELA A. McCARTHY, CM01
CITY CLERK and Ex Officio CI k of the
Council of the City of Bakersfield
APPROVED: NOV 0 4 200
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
UA RUDNICK
BJueputy
y y Attorney
Cit
ATTACHMENTS: Exhibit "A"
Exhibit "B"
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EXHIBIT "A"
ALLEY VACATION
LEGAL DESCRIPTION
BEING ALL THAT PORTION OF PARCEL 1 OF THAT CERTAIN CERTIFICATE OF
COMPLIANCE RECORDED JANUARY 5, 1995 AS DOCUMENT NO. 0195001583, OFFICIAL
RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER. ALSO BEING A
PORTION OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 29 SOUTH,
RANGE 28 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
THE WEST 112.00 FEET OF PARCEL 2 OF THAT CERTAIN ALLEY RIGHT-OF-WAY
EASEMENT RECORDED JULY 13, 1988 IN BOOK 6142, PAGE 104, OFFICIAL RECORDS, IN
THE OFFICE OF THE KERN COUNTY RECORDER.
CONTAINING 2,800 SQUARE FEET, MORE OR LESS
~O SAN D SU
JEFFREY L MARTIN
* EXP Ira - 1o - ID
LS 5798
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MCINTOSH
maims
661-834-4814 • Fax 834-0972 FA
2001 Wheelan Court - Bakersfield, CA 93309
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EASEMENTS:
ALLEY RIGHT-OF-WAY
I ' O EASEMENTIN FAVOR OF
THE CITY OF BAKERSFIELD
RECORDED JULY 13, 1988
i IN BOOK 6142, PAGE 104,
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ALLEY VACATION FILE NO. 05172EIV',~
ASS. c ALES DONE BY: JLM Q 9s~
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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 9th day of November, 2009 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Resolution of Intention No. 1647,
passed by the Bakersfield City Council at a meeting held on the 4th day of November,
2009 and entitled:
A RESOLUTION OF THE COUNCIL DECLARING IT'S INTENTION TO
ORDER THE VACATION OF THE WEST PORTION OF ALLEY RIGHT
OF WAY EASEMENT RECORDED JULY 13, 1988 IN BOOK 6142, PAGE
104.
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
DEPU City jerk
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