HomeMy WebLinkAboutROI NO 1649
RESOLUTION OF INTENTION NO. 1649
A RESOLUTION OF THE COUNCIL DECLARING ITS
INTENTION TO ORDER THE VACATION OF THAT PORTION
OF RIGHT OF WAY OF E. 21sT STREET AND GAGE STREET
TO 10' NORTH AND 10' SOUTH OF THE CENTERLINE OF
THE EXISTING TRACKS OF THE BNSF RAILROAD
WHEREAS, the City has received a request for the vacation of that portion of right
of way of E. 21St Street and Gage Street to 10' north and 10' south of the centerline of the
existing tracks 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 9, 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 that portion of right of way of E. 21St
Street and Gage Street to 10' north and 10' south of the centerline of the existing tracks 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. 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.
GAsub\SHARED\Street Vacations\Gage & 21st RR\ROI 1649.doc
ORIGINAL
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
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:
`AYES' COUNCILMEMBER COUCH, CARSON, BENHAM, WEIR, HANSON, SULLIVAN, SCRIVNER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER Y-)
ABSENT: COUNCILMEMBER Y1151fLd
PAMELA A. McCARTHY, CIVIC
CITY CLERK and Ex Officio Clerk he
Council of the City of Bakersfield
APPROVED: NOV 0 4. 20 9
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
J HUA RUDNICK
eputy City Attorney
Attachment: Exhibit "A"
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ORIGINAL
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. 1649,
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 THAT PORTION OF RIGHT OF WAY OF
E.21 ST STREET AND GAGE STREET TO 10' NORTH AND 10' SOUTH
OF THE CENTERLINE OF THE EXISTING TRACKS OF THE BNSF
RAILROAD
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
DEP City Clerk
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