HomeMy WebLinkAboutROI NO 1648
RESOLUTION OF INTENTION NO. 1648
A RESOLUTION OF THE COUNCIL DECLARING
ITS INTENTION TO ORDER THE VACATION OF BEALE
AVENUE (OLD ALIGNMENT) FROM THE NORTH
RIGHT OF WAY OF EAST TRUXTUN AVENUE TO THE
NORTH RIGHT OF WAY OF THE BNSF RAILROAD
WHEREAS, the City has received a request for the vacation of Beale Avenue
(old alignment) from the north right of way of East Truxtun Avenue to the north right of
way of the BNSF Railroad; 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 27, 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 Beale Avenue (old alignment) from
the north right of way of East Truxtun Avenue to the north right of way of the BNSF
Railroad, all in the City of Bakersfield, County of Kern, State of California, more
particularly shown in Exhibit "A" attached hereto and made part hereof.
4. Easements for public utilities, including City sewer, will be provided over those
areas of the vacated streets as shown on Exhibit A and as needed.
5. 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.
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,
California, shall cause "Notice of Vacation" to be posted as required by Section 8323 of ~K
the Streets and Highways Code of the State of California.
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GAsub\SHARED\Street Vacations\Beale & Tnatun RR\ROI 1648.doc -I - ORIGINAL
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, 1600 Truxtun Avenue, in the City of
Bakersfield, within fifteen (15) days after its passage.
---------------000---------------
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
N S: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER Y) U
ABSENT: COUNCILMEMBER ,'1D
n i & 11 CA I • Y I l~lP%LC./l
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Clerk 4fhe
Council of the City of Bakersfield
APPROVE NOV 0 4 9
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
B - ?'v
y
JO HUA RUDNICK
eputy City Attorney
Attachment: Exhibit "A"
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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. 1648,
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 ITS INTENTION TO
ORDER THE VACATION OF BEALE AVENUE (OLD ALIGNMENT)
FROM THE NORTH RIGHT OF WAY OF EAST TRUXTUN AVENUE TO
THE NORTH RIGHT OF WAY OF THE BNSF RAILROAD
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
DEPGtY City Jerk
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ORIGINAL