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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 ~AKF9 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" t- G:\sub\SHARED\Street Vacations\St. Francis Church\ROI 1647.doc -2- 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 C) -2-00) MCINTOSH maims 661-834-4814 • Fax 834-0972 FA 2001 Wheelan Court - Bakersfield, CA 93309 ~gAKF9 P:\PROJECTS\04172\LEGALS\04172EM01.doc JLM 9/2/2009 - - - - - - - 7 EXHIBIT 'RBIn F---T-CtlOTH STREET EASEMENTS: ALLEY RIGHT-OF-WAY I ' O EASEMENTIN FAVOR OF THE CITY OF BAKERSFIELD RECORDED JULY 13, 1988 i IN BOOK 6142, PAGE 104, I ! I 0. R. I ' 0,-AND S& I I I ! I ~~~5 `mo JEFFREY L MARTIN o 0 I , PARCEL 1 I * EXP CERTIFICATE OF COMPLIANCE LS 5798 DOC. NO. 0195001583, O.R. I ' I ' I F w w c I co I ; = i ALLEY VACATION ; 2,800 SQUARE FEET I ~ i I 112.00' I o ----ALLEY , I I ' I ! PARCEL 3 PARCEL 2 I ' I I ~ II I ~ I 4 ; 14 IJI 3 i I SCALE: 1"=80' 15 2 ---------------j I I 40 0 80 16 80 20 8TH STREET L-~- - - - - SCALE: 1" = 80' . 04-1 /01/01/0 /0 :02 9 MCINTOSH ST. FRANCIS SCHOOL DATEJOB: 0 99 ALLEY VACATION FILE NO. 05172EIV',~ ASS. c ALES DONE BY: JLM Q 9s~ 1001 'w": 7B' AKCR°*YIELD, CA `D CA ° 93309 (661) 834-1614 BETWEEN "H" AND EYE STREETS AREA: 2,800 SF OPi(,q +Al. 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 SADOCUMENT\FORMSWOP.ROI.wpd r-yPI'i~.I~i1~~