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,
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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
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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.
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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
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