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HomeMy WebLinkAboutRES NO 143-09Recording Requested by and for the benefit of: CITY OF BAKERSFIELD And When Recorded Mail to: City Clerk CITY OF BAKERSFIELD 1600 Truxtun Avenue Bakersfield, CA 93301 James W. Fitch Assessor- Recorder SOFIR Kern County Official Aecords 11231 ty Recorded at the request of Public 2012 10:43 AM D 0 C#: 0212008597 Stat Types: 1 Pages: 5 Fees 0.00 j Taxes 0.00 Others 0.00 PAID $0.00 RESOLUTION NO. 143-09 A RESOLUTION OF THE COUNCIL ORDERING THE VACATION OF THE WEST 112' PORTION OF ALLEY RIGHT OF WAY EASEMENT RECORDED JULY 13, 1988 IN BOOK 6142, PAGE 104 0"Ak4q 1) ;n --1, T ~J 0g1G1iv'AL RESOLUTION NO. 143- 09 RESOLUTION OF THE COUNCIL ORDERING THE VACATION OF THE WEST 112' PORTION OF ALLEY RIGHT OF WAY EASEMENT RECORDED JULY 13, 1988 IN BOOK 6142, PAGE 104 WHEREAS, on Wednesday, November 4, 2009, the Council of the City of Bakersfield, pursuant to the provisions of the "Public Streets, Highways and Service Easements Vacation Law," Government Code Sections 8300 et seq. of the Streets and Highways Code of the State of California, passed and adopted Resolution of Intention No. 1647 declaring its intention to order the vacation of the 112' west portion of alley right of way easement recorded July 13, 1988 in book 6142, Page 104, located east of H Street, between 8th Street and I Oth Street; and WHEREAS, the Council did fix a time and place for hearing all persons interested in or objecting to said proposed vacation, which hearing was held on December 16, 2009, after notices of said hearing were duly published and posted as required by law; 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, Planning Department approved the vacation on October 2, 2009 per local ordinance and found to be consistent with the Metropolitan Bakersfield General Plan. 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 orders the vacation of the west portion of alley right of way easement recorded July 13, 1988 in Book 6142, Page 104, in the City of Bakersfield, County of Kern, State of California, more particularly described on Exhibits "A" and "B" attached hereto and made a part hereof. 4. The City Clerk shall certify to the passage of this resolution and shall cause a certified copy hereof, attested by the Clerk under the seal of the City, to be recorded in the Office of the County Recorder of the County of Kern, California. G:\GROUPDAT\ADMINRPT\2009\12-16\Vaca_St Francis Reso.docx o`` ~ A KF9~ Rl L7 - 1 -t1( i~;iNAL 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 nEC 1 E 1009 by the following vote: CD, COUNCILMEMBER NOES: COUNCILMEMBER ✓ ✓ ✓ .01 COUCH, CARSON, BENHAM, WEIR, SULLIVAN, SCRIVNER --A On4 COUNCILMEMBER ABSENT: COUNCILMEMBER A PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED DEC 2009 HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney OSHUA RUDNICK Deputy City Attorney Attachments: Exhibit "A" Exhibit "B" G:\GROUPDAT\ADMINRPT\2009\12-16\Vaca_St Francis Reso.docx Q, A KC5' F-- in - - c.~ CJ ORIGINAL EXHIBIT "A" ALLEY VACATION LEGAL DESCRIPTION BEING ALL THAT PORTION OF PARCEL 1 OF THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED JANUARY 5, 1995 AS DOCUMENT NO. 0195001583, OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER. ALSO BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 29 SOUTH, RANGE 28 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE WEST 112.00 FEET OF PARCEL 2 OF THAT CERTAIN ALLEY RIGHT-OF-WAY EASEMENT RECORDED JULY 13, 1988 IN BOOK 6142, PAGE 104, OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER. CONTAINING 2,800 SQUARE FEET, MORE OR LESS or ~p LAND ~5 JEFFREYL M ExP Le 10 - I'D \ LS 5798 / Gl-2-00j W-MOSH 661-834-4814• Fax 834.0972 2001 Wheelan Court • Bakersfield, CA 83309 P:IPROJECTSt041721LEGALS104172EM01.doc AM 9/2/2009 04 ;Af<F~~ .n r) ORIGINAL J w~ 03 2r- R - UJI i I I I EXHIBIT °B° 1 I 1 ( I I PARCEL 1 EASEMENTS ALLEY RIGHT-OF-WAY EASEMENT IN FAVOR OF I THE CITY OF BAKERSFIELD i RECORDED JULY 13, 1988 IN BOOK 6142, PAGE 104, 4 i O.R. LAND CERTIFICATE OF COMPLIANCE DOC. NO. 0195001583, O.R. I I I I I ALLEY VACATION 2,800 SQUARE FEET i i 1 112.00' ALLEY 1 i PARCEL 3 i i PARCEL 2 i 1 1. 4 j 14 l~l 3 I 4 , 15 2 16 JEI:M L MART! ~ EXP -10 -(O LS 5798 IIW C I I SCALE: 1"=80' I 40 0 80 80 20 C~ BTFI STREET' MCIWOSH 7001 gClIAN Cl BYtEN UD. CA 9i3M (661) 834-4814 ST. FRANCIS SCHOOL ALLEY VACATION BETWEEN W AND EYE STREETS SCALE: 1" = 80' JOB NO. 04-172 DATE! 09/01/09 FILE NO. 05172EM01 DONE BY: JLM AREA: 2.800 SF J} p,AKF9P y ~ F__ rTi ORIGIiNAL.