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HomeMy WebLinkAboutROI NO 1721RESOLUTION OF INTENTION NO. 1721 A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO ORDER THE DEDICATION OF RIGHT OF WAY ON HOSKING AVENUE AT THE NORTHEAST CORNER OF HOSKING AVENUE AND STINE ROAD WITHIN THE CITY OF BAKERSFIELD WHEREAS, CITY acquired property as described in Grant Deed recorded June 23, 2008 as Document 0208099163 as filed in the office of the Kern County Recorded in the City of Bakersfield, California; and WHEREAS, for the above described project, it was determined that the proposed dedication of right of way is exempt from CEQA, pursuant to Section 15301 (c) of CEQA Guidelines (General Rule) in that there is no expansion of use and this is for public safety; and WHEREAS, City of Bakersfield proposes to use a portion of the property as a public street providing access to the public and adjoining properties; and WHEREAS, the City of Bakersfield Fire, Police, Public Works, and Community Development Departments have been notified of the request and no objections have been received. 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 dedicate the real property as described and shown in Exhibits "A" and "B" as a public street. 4. The City of Bakersfield requires a direct waiver of access across courses 4 and 5 as described in Exhibits "A" and "B ". 5. 5:15 PM on Tuesday, December 11, 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 right of way dedication may appear before the City Council and be heard. o``gAKF9� F_ r U p GAGR0UPDAT\ADMINRPT\ 2012 \11- 14 \R0I_Stine- Hosking.Docx ORIGINAL 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 Right of Way Dedication" 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 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. 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 NOV 14 2012 , by the following vote: AY NOES: A B5JA.I N: BSENT- COUNCIL MEMBER SALAS, BENHAM, COUNCIL MEMBER nrwy COUNCIL MEMBER COUNCIL MEMBER x /U,L ROBERTA GAFFORD, C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED NOV 1 4 2012 HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: 0 ANDREW HEGLUN Associate City Attorney ✓ ,/ ✓ ✓ COUCH, HANSON, SULLIVAN, JOHNSON �gAK4,9 o s.11 GAGROUPDAT \ADM I NRPT\ 2012 \11- 14 \ROI_Stine- Hosking. Docx v ORIGINAL EXHIBIT "A" LEGAL DESCRIPTION FOR STREET RIGHT -OF -WAY DEDICATION ALL THAT PORTION OF THE SOUTHWEST 1/4 SECTION OF THE SOUTHWEST 1/4 SECTION OF SECTION 26, TOWNSHIP 30 SOUTH, RANGE 27 EAST, MDBM IN THE CITY OF BAKERSFIELD, COUTNY OF KERN, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION; THENCE (1) S 89-35'17- E ALONG THE SOUTH LINE OF SAID SECTION PER PARCEL MAP NO, 466 RECORDED MARCH 12, 1973 IN BOOK 4 OF PARCEL MAPS AT PAGE 199 IN THE KERN COUNTY RECORDERS OFFICE, A DISTANCE OF 30 FEET, TO THE TRUE POINT OF BEGINNING; THENCE (2) CONTINUING S 89 °35'17" E ALONG THE SAID SOUTH LINE, A DISTANCE OF 174 FEET; THENCE (3) N 00°00'43" W PARALLEL WITH THE SAID WEST LINE, A DISTANCE OF 70 FEET; THENCE (4) N 89°35'17" W PARALLEL WITH THE SAID SOUTH LINE, A DISTANCE OF 114 FEET; THENCE (5) N 44 °48'00" W, A DISTANCE OF 28.39 FEET; THENCE (6) N 89-35'17- W PARALLEL WITH THE SAID SOUTH LINE, A DISTANCE OF 40 FEET; THENCE (7) S 00 °00'43" E PARALLEL TO THE SAID WEST LINE, A DISTANCE OF 90 FEET, TO THE TRUE POINT OF BEGINNING, CONTAINS 13,166 SQUARE FEET MORE OR LESS WAIVER OF DIRECT ACCESS A WAIVER OF DIRECT ACCESS ACROSS COURSES 4 AND 5 AS DESCRIBED ABOVE AND SHOWN ON EXHIBIT "B ". 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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 16th_ day of November, 2012 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1721 passed by the Bakersfield City Council at a meeting held on the 14th day of November, 2012 and entitled: A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO ORDER THE DEDICATION OF RIGHT OF WAY ON HOSKING AVENUE AT THE NORTHEAST CORNER OF HOSKING AVENUE AND STINE ROAD WITHIN THE CITY OF BAKERSFIELD. ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield By: I )— �u D 4 j EP TY City Clerk S AD000MENT\FORMSWOP. ROI.wpd s > m F' r V O ORIGINAL.