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HomeMy WebLinkAboutRES NO 105-13Recording Requested by and for the benefit of: CITY OF BAKERSFIELD And When Recorded Mail to: City Clerk CITY OF BAKERSFIELD 1600 Truxtun Avenue Bakersfield, CA 93301 James W. Fitch, Assessor - Recorder TT Kern County Official Records 8/1612013 10:27 AM Recorded Electronically by: 017 City of Bakersfield City Clerk Doc t 00021 31 1 8783 stat Types: 1 Pages: 5 FEES .00 TAXES .00 OTHER .00 000213118783 PAK) .00 RESOLUTION NO. 105 -13 A RESOLUTION OF THE COUNCIL ORDERING THE VACATION OF A PORTION OF THE PUBLIC UTILITIES EASEMENT LOCATED AT 8400 ROSEDALE HIGHWAY. (WARD 4) of �" }" r c� U GRIGINAL Recording Requested by and for the benefit of: CITY OF BAKERSFIELD And When Recorded Mail to: City Clerk CITY OF BAKERSFIELD 1600 Truxtun Avenue Bakersfield, CA 93301 DOCUMENT EI.ECTR ED'CN THE RECORD OFmCiAL RECORDS RESOLUTION NO. 106 -13 A RESOLUTION OF THE COUNCIL ORDERING THE VACATION OF A PORTION OF THE PUBLIC UTILITIES EASEMENT LOCATED AT 8400 ROSEDALE HIGHWAY. (WARD 4) o��AKF9s T � m ORIGINAL 105 -13 RESOLUTION NO. A RESOLUTION OF THE COUNCIL ORDERING THE VACATION OF A PORTION OF THE PUBLIC UTILITIES EASEMENT LOCATED AT 8400 ROSEDALE HIGHWAY. (WARD 4) WHEREAS, on WEDNESDAY, July 17, 2013, the Council of the City of Bakersfield, pursuant to the provisions of the "Public Streets, Highways and Service Easements Vacation Law," Government Code Sections 8300 et seq. of the Streets and Highways Code of the State of California, passed and adopted Resolution of Intention No. 1755 declaring its intention to order the vacation of a portion of the public utilities easement located at 8400 Rosedale Highway; and WHEREAS, the Council did fix a time and place for hearing all persons interested in or objecting to said proposed vacation, which hearing was held on August 14, 2013, after notices of said hearing were duly published and posted as required by law; 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, Planning Department approved the vacation on June 10, 2013, per local ordinance and found it to be consistent with the Metropolitan Bakersfield General Plan. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 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 orders the vacation of a portion of the public utilities easement located at 8400 Rosedale Highway, (more specifically described and illustrated in Exhibit A and Exhibit B, both of which are attached hereto and incorporated herein), all in the City of Bakersfield, County of Kern, State of California, 4. 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, --------- - - - - -- 000--------- - - - - -- July 29, 2013; 11:04 AM S: \Street Vacations\ Wal mart 8400 Rosedale \ROI Final - Resolution.doc cP 0 ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of th City of Bakersfield at a regular meeting thereof held on aUU 14 X10 3 by the following vote: <AYES:,. COUNCILMEMBER: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: 2, ' COUNCILMEMBER: RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON i ROBERTA GAFFORDri CITY CLERK and Ex Clerk of the Council of the City of Bakersfield AUG 14 APPROVED HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City rney By: ANDREW HEGLUN Deputy City Attorney Attachments: Exhibit "A" Exhibit "B" a July 29, 2013; 11:04 AM - 2'= r S: \Street Vacations \Walmart 8400 Rosedale \ROI Final - Resolution.doc 0 ° GRIGINAL 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 °00'00" 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 °00'00" 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. NEIL E. �� 4 THONESEN O * No.8656 `�AExp,12 3Ia6laart Page 1 of 1 s m F- r �> O GRIGINAL I I o z LU / J z Q � �� � o P w° / �) / w z z / /I v~i W w w IQ U I I M LO 6O�rn I I Y� N� o ' I ci z az0 I mY z02 Co 1 w Iof 0� m I I W " a 0 U' W M U O F— U O N ui z o m LM I- I ° I of =a O X aW� W I t o c °; �, m W LL z W (1) U) I !Q l0 ~W �0 �tz V) O o =� } d > o a= m W N Z f- I Z( a O' �C� w o O Q W fn = aW Z Wa d`s U) LO W° 4 WwU �O I W I I n U) o- > a2rn Oa I w I I 0 a oW< z- L U-Da z �N I (� i I Z0 o�= 20) I W W g~ U a ZWZ "YI l I I ° ° 3 wow, �_� M �O — I ° o °o a> Y o �ZO o Wm I p I I I o O °°o ° a ~ co I O ° p N Ix W N a oc; oo a c� a I ( (n N Z N o a L �_ 0 I YO W I Z I Q �o I 2 o I ~ 1 0 0 W O O Wo Q °N \00 LL LL ui 1 O OZ OW < o O r4 HZ H� 2 a O ON Z� Z� � Zm� ' Z am a� C� Z" C) z U) 1 O O o) �' Z W i c uio� 1 1 m = w a CD U � 1 t W O O w U) J a a Of c a o gA 1 ' w Uo� a > I rfl r p CPIGINAL