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Home My WebLink AboutROI NO 1723RESOLUTION OF INTENTION NO. 1723 A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO ORDER THE VACATION OF THE ALLEY AND ACCESS EASEMENT BETWEEN 27TH AND 28TH STREETS, EAST OF CHESTER AVENUE, AND THE ACCESS AND PUBLIC UTILITY EASEMENTS LOCATED ON 27TH STREET BETWEEN CHESTER AVENUE AND THE ALLEY TO THE EAST. (WARD 2) WHEREAS, the City has received a request from San Joaquin Hospital to vacate the alley and access easement located between 271h and 28th Streets, east of Chester Avenue, and the access and public utility easements located on 27th Street between Chester Avenue and the alley to the east (Ward 2); 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 August 15, 2012. 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 alley and access easement located between 27th and 28th Streets, east of Chester Avenue, and the access and public utility easements located on 27th Street between Chester Avenue and the alley to the east (Ward 2), 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 of the alley located between 27th and 28th Streets, east of Chester Avenue. 5. 5:15 PM, or as soon thereafter as the matter may be heard, on Wednesday, November 28, 2012, 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. o`�'bAKF'9 i-- m U r- Gr ORIGINAL October 3, 2012, 7:51 AM - 1 - SASTREETVACATIONS \27m & 2P Streets \ROI - CONSENT CALENDAR 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, 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--------- - - - - -- AK4, ►- m v � O October 3, 2012, 7:51 AM ORIGlJAL SASTREENACATIONS \27m & 28m Streets \ROI - CONSENT CALENDAR 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 OCT ! 7 2- by the following vote: S N ✓OA COUNCILMEMBER: SALA BEM, WR, COUCH, HANSON, SULLIVAN, JOHNSON SN NOES: COUNCILMEMBER: D 2M ABSTAIN; COUNCILMEMBER: ()'ON ABSENT: COUNCILMEMBER: n.TSTNQ ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield OCT 1 7 20 APPROVE HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Aft ey By: ANDREW HEGLU Deputy City Attorney Attachments: Exhibit "A" Exhibit "B" P, K4, ►_— m U r 4 October 3, 2012, 7:51 AM ORIGINAL SASTREETVACATIONS \27th & 28th Streets \ROI - CONSENT CALENDAR EXHIBIT "A" ALLEY VACATION LEGAL DESCRIPTION BEING THAT PORTION OF THE ALLEY WITHIN BLOCK 514 PER MAP OF THE CITY OF BAKERSFIELD FILED NOVEMBER 25,.1898 IN BOOK 1 OF MAPS AT PAGES 13 AND 14, IN THE OFFICE OF THE KERN COUNTY RECORDER, ALSO BEING THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 28 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE ALLEY BETWEEN THE SOUTHERLY RIGHT -OF -WAY LINE OF 28TH STREET AND THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF THE SOUTHERLY 15.00 FEET OF LOT 17 WITHIN SAID BLOCK 514. 'i • 1'l •1� JEFFREY L. RTIN DATE L.S. 5798 EXPIRES 6 -30 -14 MCI NTOSH ASSOCIATES 17 661- 834 -4814 • 661 - 834 -0972 2001 Wheelan Court • Bakersfield, CA 93309 e, LAND St w `F� JEFFREY MARTIN T k EXP • ID • 4 LS 5798 o``gAKF9� �.. m � o ORIGINAL \ \MABK01 \PROJ1 \PROJECTS \11017 - SJCH MOB \LEGALS \STREET VACATION \11017EM02_ALLEYVACATION.DOC JLM 7/16/2012 i EXHIBIT "B" F 2M s7MEr VACATE ACCESS &PUBLIC F-- E - - - - - - I ® UTILITY EASEMENT PER PRUBUC ESERVE 1 O CITY OF BAKERSFIELD _ _ _ _ _ ( RESOLUTION NO. 033 -11 i UTILITY 9 - -1 i DOC. N0. 0211050633, O.R. EASEMENT BLOCK 514 13 >-; 8 VACATE ALLEY OF BLOCK 514 �-- w - - - -a I PER MAP OF C.O.B. FILED IN BLOCK 514 J - I _ _ 14 _ _ a 7 BK. 1, PGS. 15-16. 15 6 I (RESERVE PUBLIC UTILITY - - J EASEMENT) I VACATE ALLEY i � 16 _ _ VACATE ACCESS & REMAIN _ _ I PUBLIC UTILITY EASEMENT VACATE ACCESS i PER CITY OF BAKERSFIELD EASEMENT I RESOLUTION NO. 033 -11 DOC. NO. 0211050633, O.R. REMAIN PUBLIC UTILITY Q I I ( EASEMENT PER CITY OF i PUBLIC I I BAKERSFIELD RESOLUTION i UTILITY I NO. 033 -11 DOC. EASEMENT i NO. 0211050633, O.R. TO REMAIN EXISTING ALLEY OF BLOCK 487 PER MAP OF C.O.B. FILED IN VACATE i 011 BK. 1, PGS. 15-16. 0j ACCESS PUB C & PARCEL 1 (TO REMAIN) UTILITY PARCEL MERGER i REMAIN ACCESS EASEMENT I EASEMENT No. 11 -0306 PER CERTIFICATE OF I PER DOC. N0. 0211141861, 0. R. COMPLIANCE DOC. No. 0211172508, O.R.1 VACATED ACCESS EASEMENT i I I i ® PER CITY OF BAKERSFIELD VACATED ACCESS RESOLUTION NO. 104-11 EASEMENT DOC. NO. 0211146131, O.R. i �- -- PARCEL B P.M.W. No. P97 -0830 PER CERTIFICATE OF I COMPLIANCE DOC. vvv No. 0199065761, O.R. � _ACCESS TO I PARCEL "A" �- REMAIN i gAKF ALLEY BLOCK 487 9s.,, L TO REMAIN 1 v ORIGINAL 26TH MEEI — 40 0 80 80 20 SCALE: 1" = 80' WIwm SAN JOAQUIN COMMUNITY HOSPITAL ATE :07/1012 ALLEY, ACCESS AND P.U.E. VACATION FILE NO.11017EM01 Amwm DONE BY: JM/EBT 0. UM ( BETWEEN 26TH STREET AND 28TH STREET AREA: X01 /@TINT Cf. BM�AlBD, G 171(111) !7� -NI4 08/29/2012 Paul M. Rojas Director — City Engineer Bakersfield Public Works Department 1600 Truxtun Ave Bakersfield, CA 93301 Dear Mr. Rojas, VALLEY, UN 2728 CHESTER AVE. BAKERSFIELO, CA 93301 (661) 325 -9468 FAX: (661) 325 -1535 I am writing in reference to the request to vacate the alley between 28`h and 27`h Street, east of Chester Avenue, and the access and public utility easements located on 27`h Street between Chester Ave. and the alley to the east, dated August 10, 2012, which I received from your department. I wish to express my concerns about the San Joaquin Hospital project and how I fear it may negatively affect my ability to conduct business. My main areas of concern are: traffic, parking, refuse collection security and overall appearance of the area. San Joaquin Hospital has already blocked access to the alley behind my business causing a disruption in the collection of refuse generated by Valley Gun. The Bakersfield City refuse trucks cannot enter the alley to gain access to my cans. In order to provide access, I would have to place the cans on the sidewalk, next to the street. I have already noticed an increase in construction traffic in the immediate area of my business. The on street parking is often taken by large trucks and trailers which are used to transport equipment to the job site. I also am concerned that SJH may not have adequate parking available for the employees and patients who will be using the building now under construction. When I first talked to Mr. Sam Itani of SJH, I was told the remaining property on the block between 27`h and 28`h Streets between Chester Ave. and K Street would be parking for the first building. I understand the construction of the second building, according to SJH's press release dated Aug. 23, 2012, "will soon follow ". I would like some assurances the parking for these two buildings will be adequate enough to not consume the entire on street parking in the immediate vicinity of my business. I have concerns about the security of my business with the demolition of the Bekins Moving and Storage as well as the All- American Carpet buildings. This demolition leaves the south side of my building exposed and vulnerable to a drive through entry from what will be SJH's new parking lot. I would like to see some fortification to prevent such an occurrence. While I expect the immediate construction /demolition areas to look somewhat distressed, I am concerned about the neglect of the warehouse on 28`h and K Streets. The lawn has become overgrown and infested with weeds. I think employing a gardener to at least keep it trimmed until SJH is ready to demolish it is not out of the a 'on. At this tim n 1 my conc rns can be mitigated, I oppose the vacation of the alley. Sincer Ke Quarn r o Q,AKF9� s m r v O ORIGINAL 09/28/2012 Paul M. Rojas Director -City Engineer Bakersfield Public Works Department 1600 Truxtun Ave. Bakersfield, CA 93301 Dear Mr. Rojas, 1 am writing in reference to the request to vacate the alley between 27`h and 28`h streets, east of Chester Avenue, and the access and public utility easements located on 27h Street between Chester Ave. and the alley to the east, dated August 10, 2012, which I received from your department. I have had a discussion with Mr. Sam Itani of San Joaquin Community Hospital about my concerns of the effect of the hospital expansion on my business. I wish to withdraw my opposition to the vacation request. If you have Thank N vp�� Valley Gu(i fnc. 2728 Chester Ave. Bakersfield, CA 93301 661- 325 -9468 or require any further information from me, please feel free to contact me. oOp�F9s > m v v ORIGINAL 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 22nd_ day of October, 2012 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1723 passed by the Bakersfield City Council at a meeting held on the 17th day of October, 2012 and entitled: A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO ORDER THE VACATION OF THE ALLEY AND ACCESS EASEMENT BETWEEN 27TH AND 28TH STREETS, EAST OF CHESTER AVENUE, AND THE ACCESS AND PUBLIC UTILITY EASEMENTS LOCATED ON 27TH STREET BETWEEN CHESTER AVENUE AND THE ALLEY TO THE EAST (WARD 2) ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield By: God DEPUTY City Clerk SADOCUMENT\FORMSWOP.ROI.wpd sAKF9�'-�+ F m U r O ORIGINAI..