HomeMy WebLinkAboutROI NO 1666
RESOLUTION OF INTENTION NO. 1666
A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION
TO ORDER THE VACATION OF THE 40' PEDESTRIAN EASEMENT
LOCATED AT THE SOUTH END OF MOROCCO CT. IN TRACT 4624
WHEREAS, the City has received a request to vacate the 40' pedestrian
easement located at the south end of Morocco Court, as dedicated on the Final Map
for Tract 4624; and
WHEREAS, for the above-described project, it was determined that the proposed
abandonment 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 April 29,
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 the 40' pedestrian easement
located at the south end of Morocco Court, as dedicated on the Final Map for Tract
4624, 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. The City will retain the 40' storm drain and sewer easement as dedicated on the
Final Map for Tract 4624.
5, The applicant has been notified that they will be responsible for closing the
pedestrian access via either construction of a wall or fence.
6. 5:15 PM, or as soon thereafter as the matter may be heard, on Wednesday, July
21, 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 abandonment may appear before the City Council and be
heard.
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7, 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 Abandonment" to be posted as required by Section 8323 of the
Streets and Highways Code of the State of California,
8. 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.
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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
JUN 3 0 2010 by the following vote:
V V, V--1
YE COUNCILMEMBER COUCH, CARSON, BENHAM, WEIR, HANSON, SULLIVAN, SCRIVNER
NOES: COUNCILMEMBER O0(1
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
ROBERTA GAFFORD, CM
CITY CLERK and Ex Offi io Clerk of the
Council of the City of Bakersfield
APPROVED JUN 3 0 2010
/Z~ 14
- /Z
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
qe 7~HUA RUDNICK
puty City Attorney
Attachments: Exhibit "A"
Exhibit "B"
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EXHIBIT "A"
THAT PORTION OF LOT 1 AND LOT 40 OF TRACT 4624, RECORDED OCTOBER 17, 1983,
BOOK 32, PAGE 173, AS SHOWN AS A 40' PEDESTRIAN EASEMENT. THE CITY IS TO RETAIN
THE STORM DRAIN AND SEWER EASEMENT OVER SAID EASEMENT AS SHOWN ON SAID
MAP.
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EXHIBIT "B"
0
0
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LOT 39
O TRACT 4624
C
LOT 1 LOT 40
TRACT 4624 TRACT 4624
40'
5' -
AUBURN STREET
PEDES TRIAN A CCESS TO BE VA CA TED
STORM DRAIN AND SEWER EA SEMEN T TO
BE RETAINED.
NORTH
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
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 1st day of July, 2010 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Resolution of Intention No. 1666, passed by
the Bakersfield City Council at a meeting held on the 30th-day of June, 2010 and
entitled:
A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO
ORDER THE VACATION OF THE 40' PEDESTRIAN EASEMENT
LOCATED AT THE SOUTH END OF MOROCCO CT IN TRACT 4624.
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: Givii
DDEPL)tY City Clerk
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