HomeMy WebLinkAboutROI NO 1740RESOLUTION OF INTENTION NO. 1740
A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION
TO ORDER THE VACATION OF THE PUBLIC UTILITIES EASEMENT
LOCATED IN A PREVIOUSLY VACATED ALLEY IN BLOCKS
140 AND 141, NORTH OF W. SUMNER STREET AND EAST OF
GOLDEN STATE AVENUE. (WARD 2)
WHEREAS, the City has received a request from San Joaquin Tire to vacate the
public utilities easement located in a previously vacated alley in Blocks 140 and 141,
north of W. Sumner Street and east of Golden State Avenue (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 March
27, 2013.
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 public utilities easement located
in a previously vacated alley in Blocks 140 and 141, north of W. Sumner Street
and east of Golden State Avenue (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, A new sewer easement will be recorded over the area where the sewer line is to
be relocated to, prior to the recordation of this vacation.
5. 5:15 PM, or as soon thereafter as the matter may be heard, on Wednesday, May
15, 2013, 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,
April 4, 2013, 9:54 AM
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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 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.
•O•
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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
APR 17 2013 by the following vote:
AYES COUNCILMEMBER: MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON
NOES: COUNCILMEMBER: r)Ipry�
ABSTAIN: COUNCILMEMBER: v'\t--)n ,
ABSENT: COUNCILMEMBER: 2n cyla.,
yrllu-4"k �&�/
ROBERTA GAFFORD, CMT
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APR 17 2013
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Att ey
By:
ANDREW HEGLU D
Deputy City Attorney
Attachments: Exhibit "A"
April 4, 2013, 9:54 AM -3-
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EXHIBIT "A"
Being a portion of Blocks 40 & 41 per map of the Godey Tract filed October 31,
1892 in Book 1 of Maps at Page 33 in the office of the Kern County Recorder
also being a portion of the Northeast 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 33.00 foot wide Public Utility Easement (PUE) within said Blocks
between the Easterly right -of -way of W" Street as shown on said map of the
Godey Tract to the Southerly right -of -way of the Southern Pacific Railroad.
SAStreet Vacations \PUE vacation W. Sumner and Golden State \EXHIBIT A.doc
EXHIBIT "B"
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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 22nd_day of April, 2013 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Resolution of Intention
No. 1740 passed by the Bakersfield City Council at a meeting held on the 17th_day of
April, 2013 and entitled:
A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO
ORDER THE VACATION OF THE PUBLIC UTILITIES EASEMENT
LOCATED IN A PREVIOUSLY VACATED ALLEY IN BLOCKS 140 AND
141, NORTH OF W. SUMNER STREET AND EAST OF GOLDEN STATE
AVENUE. (WARD 2)
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: ('� 004-1k -
DEPUTY City Clerk
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