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HomeMy WebLinkAboutROI NO 1755RESOLUTION OF INTENTION NO. 1755 A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF THE PUBLIC UTILITIES EASEMENT LOCATED AT 8400 ROSEDALE HIGHWAY (WARD 4) WHEREAS, the City has received a request from CEI Engineering Associates, Inc. on behalf of Walmart to vacate a portion of the public utilities easement located at 8400 Rosedale Highway (Ward 4); 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 June 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 a portion of the public utilities easement located at 8400 Rosedale Highway (Ward 4), 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. 5:15 PM, or as soon thereafter as the matter may be heard, on Wednesday, July 17, 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. 5. 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, 6. 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--------- - - - - -- oX A July 1, 2013, 9:54 AM SASTREETVACATIONS \Walmarf 8400 Rosedale Hwy \ROI - CONSENT CALENDAR Or 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 I1411.1 ; 7013 by the following vote: AYES: COUNCILMEMBER: RIVEK, MAXWELL, WEIR SMIWHAfIION, SALIV N, JOH ON NOES: COUNCILMEMBER: _ aono- ABSTAIN: COUNCILMEMBER: MnL ABSENT: COUNCILMEMBER: llOr4L., R BERTA GAFFORD, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield JUL 17 APPROVE HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Att ney By: ANDREW HEGLUNO Deputy City Attorney Attachments: Exhibit "A" Exhibit "B" July 1, 2013,9:54 AM S: \STREETVACATIONS \Walmarf 8400 Rosedale Hwy \ROI - CONSENT CALENDAR T -2 -t_ m U p ORIGINAL EXHIBIT `A' LEGAL DESCRIPTION (EASEMENT VACATION) BEING A PORTION OF PARCEL 10 OF PARCEL MAP NO 10456, RECORDED JANUARY 30, 1998 IN BOOK 49 OF PARCEL MAPS AT PAGE 86 IN THE OFFICE OF THE KERN COUNTY RECORDER ALSO BEING A PORTION OF SECTION 20, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D.M., IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 10; THENCE SOUTH 78 043'56" WEST, A DISTANCE OF 163.98 FEET TO A BEND IN SOUTHERLY LINE OF THE EASEMENT GRANTED TO THE CITY OF BAKERSFIELD FOR PUBLIC UTILITY PURPOSES ON SAID PARCEL MAP NO. 10456; THENCE ALONG SAID SOUTHERLY LINE, NORTH 90 000'00" WEST, A DISTANCE OF 380.00 FEET; THENCE SOUTH 00 000'00" EAST, A DISTANCE OF 80.87 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASEMENT, SOUTH 00 000'00" EAST, A DISTANCE OF 29.00 FEET; THENCE CONTINUING ALONG SAID EASEMENT, NORTH 90 000'00" WEST, A DISTANCE OF 20.00 FEET; THENCE CONTINUING ALONG SAID EASEMENT, NORTH 00 000'00" EAST, A DISTANCE OF 29.00 FEET; THENCE CROSSING THROUGH SAID EASEMENT, NORTH 90 °00'00" EAST, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED LOT CONTAINS 580 SQUARE FEET, MORE OR LESS. E. LAJVD THONESEN * No.66W %A Exp. 12/31/13 ,R 3'a0sl3 Page 1 of 1 � r U a ORIGINAL OR � � r � / 11 J io o Z F / o / I I Go w / / l c LL V- Ufa �i / So QOw / I N z az0 I IU Qzo mY Z0� 0 ° 0S qc~n m > I CD w JVW U C VO =z _ N W o Z °�wZ w W � w rn owo V u O w cm J Z o E 2 X. a� aw F, it � 00: 00 Co. o a U ° m W oao o(r C9` I W I I I o 0 3 �4 Z S2 0W 0§ w w I I a> Y o �z0 0 ui I p I I I p p 00 °o- a � w 0. 0 0 0 Q ' c a I I I N to N M O d o II ZN U ce 0.. I L �_ Y o F I z 1 �- - -- I� 1 i Z 0 1 00 � 1 1 ° ° W ° LL C.) �,„�— 1 NOp z p 0 Ow c O ON Z� 2 O Z oo p am av �C7 cog Z 1 Z w WO,. 1` I W a o W CO) { J a a a O 1 LU Coo • t a �A�F9 s� m r U O 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 July , 2013 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1755 passed by the Bakersfield City Council at a meeting held on the 17th—day of July, 2013 and entitled: A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF THE PUBLIC UTILITIES EASEMENT LOCATED AT 8400 ROSEDALE HIGHWAY (WARD 4). ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield By: aa01"+ DEPVTY Cit Clerk SADOCUMEN'TIFORMSWOP. R01.wpd