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HomeMy WebLinkAboutROI NO 1659 RESOLUTION OF INTENTION NO. 1659 RESOLUTION OF THE COUNCIL ORDERING THE VACATION OF THAT PORTION OF A 10' WIDE PUBLIC UTILITIES EASEMENT RECORDED IN BOOK 3375, PAGES 657-659, THAT LIES WITHIN PARCEL A OF PARCEL MERGER 07-0797, CONTAINING 930 SQUARE FEET, LOCATED AT 2935 OSWELL STREET WHEREAS, the City has received a request for the vacation of that portion of a 10' wide Public Utilities Easement recorded in Book 3375, Pages 657-659, that lies within Parcel A of Parcel Merger 07-0797, containing 930 square feet, located at 2935 Oswell 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 February 24, 2010. 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 a 10' wide Public Utilities Easement recorded in Book 3375, Pages 657-659, that lies within Parcel A of Parcel Merger 07-0797, containing 930 square feet, located at 2935 Oswell Street, 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. 5;15 PM, or as soon thereafter as the matter may be heard, on Wednesday, April 7, 2010, 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. February 24, 2009 3:23:54 PM S:\Street vacations\Oswell St 2935\ R01 1659.doc E 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. I 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 MAR 1 0 2010 by the following vote: COUNCILMEMBER COUCH, CARSON, BENHAM, WEIR, HANSON, SULLIVAN, SCRIVNER NOES: COUNCILMEMBER _ n Gnu ABSTAIN: COUNCILMEMBER r16Y~ ABSENT: COUNCILMEMBER ~10Y\9~ U" VIL'" ROBERTA GAFFORD, CI CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAR 1 0 2010 ,04 HARVEY L. HAL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney B JJHUA RUDNICK ty City Attorney Attachments: Exhibit "A" Exhibit "B" February 24, 2009 3:37:05 PM _ 2 ? S:\Street Vacations\Oswell St 2935\ R01 1659.doc EXHIBIT `A' ABANDONMENT OF A PORTION OF A 10 FOOT WIDE PUBLIC UTILITIES EASEMENT BEING A PORTION OF PARCEL `A' OF PARCEL MERGER 07-0797 RECORDED IN DOCUMENT NUMBER 208182006 AT THE KERN COUNTY RECORDER'S OFFICE IN THE INCORPORATED CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA. ALSO BEING IN THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 29 SOUTH, RANGE 28 EAST, MOUNT DIABLO MERIDIAN. MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF A 10 FOOT WIDE PUBLIC UTILITIES EASEMENT RECORDED IN BOOK 3375, PAGE 657 THROUGH 659 INCLUSIVE AT THE KERN COUNTY RECORDER'S OFFICE THAT LIES WITHIN SAID PARCEL A. CONTAINNING ± 930 SQUARE FEET ry m o f- O c1l, Ln w rr > N e ww z ~Z O 00 ao O Z N N W LAJ V) o 0 5 a 0 Z z U w n. 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County of Kern ) ROBERTA GAFFORD, 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 11th day of March, 2010 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1659, passed by the Bakersfield City Council at a meeting held on the 10th day of March, 2010 and entitled: RESOLUTION OF THE COUNCIL ORDERING THE VACATION OF THAT PORTION OF A 10' WIDE PUBLIC UTILITIES EASEMENT RECORDED IN BOOK 3375, PAGES 657-659, THAT LIES WITHIN PARCEL A OF PARCEL MERGER 07-0797, CONTAININ+/- 930 SQUARE FEET, LOCATED AT 2935 OSWELL STREET ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield By: a'j DDEP~ftY Cit Clerk SADOCUMENnFORMSWOP.ROI.wpd t -