HomeMy WebLinkAboutROI NO 1682RESOLUTION OF INTENTION NO. 1682
A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION
TO ORDER THE VACATION OF 13TH STREET FROM THE EAST RIGHT
OF WAY OF "P" STREET TO THE EAST RIGHT OF WAY OF THE KERN
ISLAND CANAL; "Q" STREET FROM THE NORTH RIGHT OF WAY OF
CALIFORNIA AVENUE TO THE SOUTH RIGHT OF WAY OF 13TH
STREET; AND THE EAST/WEST ALLEY LOCATED IN BLOCK 387.
(WARD 2)
WHEREAS, the City has received a request by the City of Bakersfield EDCD
Department in preparation for future redevelopment projects in the area to vacate 13th
Street from the east right of way of "P" Street to the east right of way of the Kern Island
Canal; "Q" Street from the north right of way of California Avenue to the south right of
way of 13th Street; and the east/west alley located in Block 387; 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
December 23, 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 13th Street from the east right of way
of "P" Street to the east right of way of the Kern Island Canal; "Q" Street from
the north right of way of California Avenue to the south right of way of 13th Street;
and the east/west alley located in Block 387, 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 is to reserve a Public Utility Easement (PUE) over the vacated area.
5. 5:15 PM, or as soon thereafter as the matter may be heard, on Wednesday,
February 16, 2011, 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.
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January 3, 2011, 2:07 PM c -
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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 the Streets and Highways Code of the State of California.
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.
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January 3, 2011, 2:07 PM
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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
JANTa2e;1 by the following vote:
AYES: COUNCILMEMBER: SALAS, BENV-1 il-- HAM, WEIR, COUCH, HANSSON, KSUL I AN, JOHNSON
S. COUNCILMEMBER: iornQ
ABSTAIN: COUNCILMEMBER: n2311a
ABSENT: COUNCILMEMBER: rgw\iL'
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ROBERTA GAFFORD, C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPRO
JAN 12 2011
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
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J SHUA RUDNICK
eputy City Attorney
Attachments: Exhibit "A"
Exhibit "B"
January 3, 2011, 2:07 PM
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EXHIBIT "A"
Being those streets adjacent to Blocks 372, 373, 387 & 396 of the Map of the
City of Bakersfield dated November 25, 1898 filed in Book 1 at page 15 & 16 in
the office of the Kern County Recorder also being a portion of the Southeast
quarter of Section 30, Township 29 South, Range 28 East, Mount Diablo Base
and Meridian, City of Bakersfield, County of Kern, State of California, more
particularly described as follows:
All of the street Right of Way for: "Q" Street between the North Right of Way line
of California Avenue and the South Right of Way of 13th Street; 13th Street
between East Right of Way of the Kern Island Canal and the East Right of Way
of "P" Street; the 33 foot wide East/West alley within said Block 387.
Reserving a non-exclusive Public Utility Easement (PUE) over the area of right-
of-way described above being vacated.
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EXHIBIT B
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117
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 14th day of January, 2011 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Resolution of Intention No. 1682,
passed by the Bakersfield City Council at a meeting held on the 12th-day of January,
2011 and entitled:
A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO
ORDER THE VACATION OF 13TH STREET FROM THE EAST RIGHT OF
WAY OF "P" STREET TO THE EAST RIGHT OF WAY OF THE KERN
ISLAND CANAL; "Q" STREET FROM THE NORTH RIGHT OF WAY OF
CALIFORNIA AVENUE TO THE SOUTH RIGHT OF WAY OF 13TH
STREET; AND THE EAST/WEST ALLEY LOCATED IN BLOCK 387.
(WARD 2)
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
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