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HomeMy WebLinkAboutROI NO 1748RESOLUTION OF INTENTION NO. 1748 A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO ORDER THE VACATION OF THE ALLEY LOCATED SOUTH OF DORIAN DRIVE, EAST OF LAUREL DRIVE, AND WEST OF S. CHESTER AVENUE. (WARD 1) WHEREAS, the City has received a request from the property owner of 2625 S. Chester Avenue to vacate the alley located south of Dorian Drive, east of Laurel Drive, and west of S. Chester Avenue (Ward 1); 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 April 10, 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 alley located south of Dorian Drive, east of Laurel Drive, and west of S. Chester Avenue (Ward 1), 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. The City is to reserve an easement for emergency Fire service and paved access over the entire above described alley area. Gate locks used must be approved by the Bakersfield Fire Department, 6. 5;15 PM, or as soon thereafter as the matter may be heard, on Wednesday, June 26, 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 29, 2013:11:49 AM S: \STREETVACATIONS \S. Chester Alley \ROI - CONSENT CALENDAR Ik0AKF9 s� m v Cs ORIGINAL 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. 8. 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--------- - - - - -- April 29, 2013; 11:49 AM S: \STREETVACATIONS \S. Chester Alley \ROI - CONSENT CALENDAR m ~ r U CJ ORIGINAL_ 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 MAY 15 2012— by the following vote: AYE COUNCILMEMBER: COUNCILMEMBER: MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON NOES: COUNCILMEMBER: 'mo.'P, ABSTAIN: COUNCILMEMBER: XYN`Z ABSENT: COUNCILMEMBER: no<\ L- ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio Airk of the Council of the City of Bakersfield MAY 15 Zan APPROVE HARVEY L. HALE Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City A o ey By; A REW HEGLUNDIJ Deputy City Attorney Attachments: Exhibit "A" Exhibit "B" April 29, 2013, 11:49 AM -3- SASTREETVACATIONS\S. Chester Alley \ROI - CONSENT CALENDAR o� AK,'q �-- m U r d ORIGINAL EXHIBIT "A" Being a portion of Tract 1541 recorded June 22, 1950 in Book 7 of Maps at Page 97 filed in the office of the Kern County Recorder also being a portion of the Southwest quarter of Section 7, Township 30 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 20.00 foot wide alley right of way adjacent to the back and or side of Lots 91 through 95 and Lots 120 through 126 as shown on said map for Tract 1541. Reserving a 20.00 foot wide Public Utilities Easement (PUE) for over the area described above. Reserving a 20.00 foot wide easement for emergency Fire services over the area described above. Easement is to be free and clear of all structures and fences. SAStreet Vacations \S. Chester alley \EXHIBIT A.doc O� gAKF9� V O ORIGINAL EXHIBIT "B" Legend Road Centerline Parcels Proposed Alley Vacation N 0 100 200 Feet I I I gAKe a f- m U p ORIGINAi. I K� f k 4 to u r�i vQli j ll;-, e Q g f i, � f }%<�� /� /��; « \ \\ � � � , \ \ t } : y�� «»�� \° � \ \} / \� � � � 2\ \ \ \� .� \ :y � � /� \ \� 1/ �\� �/� \ °<� \ \�\ j� \ \ \� ., ��� \ <« \ »� \ � \ \.» C' °� © p % 2 x. �: �G, »\ \ ®.272: � 6 � � . � <� � /� ~~ . «� �� : � mom« , �. � /2� °��, :� « � � � / }: � . . ���y.. . . , � � � � \ . » » 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 20th day of May . 2013 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1748 passed by the Bakersfield City Council at a meeting held on the 15th—day of May, 2013 and entitled: A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO ORDER THE VACATION OF THE ALLEY LOCATED SOUTH OF DORIAN DRIVE, EAST OF LAUREL DRIVE, AND WEST OF S. CHESTER AVENUE. (WARD 1) ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield S 1DOCUMENnFORMSWOP. R01.wpd d s� I- m r O ORIGINAL