HomeMy WebLinkAboutROI NO 1138RESOLUTION OF INTENTION NO. 1138
A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO
ORDER THE VACATION OF THE EXCESS ROAD RIGHT OF WAY FOR
STOCKDALE HIGHWAY BETWEEN OLD RIVER ROAD AND CALIFORNIA
STATE UNIVERSITY BAKERSFIELD IN THE CITY OF BAKERSFIELD
WHERF~S, CASTLE & COOKE HOMES INC. A CALIFORNIA CORPORATION,
submitted a request for vacation of the excess road right of way for Stockdale Highway between Old
River Road and California State University Bakersfield in the City of Bakersfield; and
WHEREAS, for the above-described project, it was determined that the proposed
vacation is exempt from CEQA according to Section 15061(b)(3) in that there is no possibility that
the road right of way vacation and proposed use could have a significant effect on the environment;
and
WHEREAS, at its meeting on August 3, 1995, the vacation was duly heard and
considered by the Planning Commission and was found to be consistent with the Metropolitan
Bakersfield 2010 General Plan.
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.
This resolution is adopted pursuant to Division 9, Part 3, Chapter 3 of the
Street and Highways Code of the State of California.
The Council intends to order the vacation of the excess road right of way for
Stockdale Highway between Old River Road and California State University
Bakersfield in the City of Bakersfield, County of Kern, State of California,
more particularly described in Exhibit "A" attached hereto and made a part
hereof.
A nonexclusive easement shall be reserved for public utilities purposes in,
under, over and upon the south 10 feet and the east 22.5 feet of the south 20
feet of the parcel herein described in Exhibit "A". Also rese~x, ing the 10 foot
wide easement granted to Pacific Gas and Electric Company by document
recorded in Book 5578, Page 754, Official Records in the Office of the Kern
County Recorder.
Said road right of way is unnecessary for present or prospective public use or
road purposes and is hereby vacated subject to the conditions enumerated
herein.
7:00 P.M. on Wednesday, September 27, 1995, 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.
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
Bakersfield Californian and the Superintendent of Streets of the City c~
the
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.
Thc City Clerk shall certify to the passage of this resolution and shall cause
the same to be posted on the bulletin board at the City Hall, 1501 Truxtun
Avenue, in the City of Bakersfield, within fifteen (15) days after its passage.
I 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 IlIG a 0 ~
by the following vote:
AYES: COUNCILMEMBER DeMOND, CARrOll,
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER _ -~ /~ d'~ ~._ . .
ABSEN~ COUNCILMEMBER
APPROVEDr~ ~ ~UG 3 0
MAYOR of the City of Bakersfield
CITY CLERK AND EX OFFICIO CLERK
of the Council of the City of Bakersfield
APPROVED as to form:
JUDY K. SKOUSEN
City Attorney
RTY: cah
P:\res1138
EXHIBIT "A"
ALL THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 6,
T.30S., R.27E., M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN,
STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 6 AS
SHOWN ON PARCEL MAP NO. 9329 AS FILED DECEMBER 27, 1991 IN
BOOK 43 OF PARCEL HAPS AT PAGE 76 AND 77 IN THE OFFICE OF
THE KERN COUNTY RECORDER; THENCE S.00"21'23"W. ALONG THE
EAST LINE OF SAID SECTION 6 A DISTANCE OF 89.12 FEET TO THE
NORTHEAST CORNER OF SAID PARCEL MAP NO. 9329 AND THE TRUE
POINT OF BEGINNING; ALSO BEING THE BEGINNING OF A NON-
TANGENT CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF
550.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS
N.12042'53"W.; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID
PARCEL MAP NO. 9329 THE FOLLOWING TWO (2) COURSES:
1) SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 01040'28'' AN ARC DISTANCE OF 16.07 FEET;
THENCE
2) S.75036'39"W., 1360.76 FEET; THENCE DEPARTING SAID
NORTHERLY BOUNDARY OF PARCEL MAP NO. 9329, N.30°37'20"E.,
34.17 FEET; THENCE N.70"42'30"E., 13.04 FEET; THENCE
N.76005'41"E., 130.84 FEET; THENCE N.70"23'03"E., 134.14
FEET; THENCE N.69020'33"E., 95.66 FEET; THENCE
S.62031'21"E., 29.79 FEET; THENCE N.75036'39"E., 37.00 FEET;
THENCE N.14023'15"W., 21.00 FEET; THENCE N.27°33'52"E.,
26.75 FEET; THENCE N.69030'58"E., 155.64 FEET; THENCE
N.70"23'03"E., 183.06 FEET TO THE BEGINNING OF A CURVE
CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 1745.00 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 19°13'18'' AN ARC DISTANCE OF 585.41 FEET TO SAID
EAST LINE OF SAID SECTION 6; THENCE S.00°21'23"W. ALONG SAID
EAST LINE A DISTANCE OF 58.67 FEET TO THE POINT OF
BEGINNING.
CONTAINING 2.255 ACRES.
mercyfee.doc
may 23, 1995/jfk
6806.50
NORTH
SCALE;
o 50' IOO'
T = 235. C,
L - 4~3.42'
co_L
A = 01'40'28#
R = 550.00'
L = 16.07'
T = 8.04'
pG.
PARCEL 5-COMMON AREA
2~-.60 ACRES (GROSS)
21.62 ACRES (NET)
R ~ 1860.00'
T -- 170.77'
PARCEL MAP NO. 9329
PARCEL 4
144.995 SQ FT
333 ACRES
VACATION OF EXCESSROAD RIGHT OF
STOCKDALE HIGHWAY BETWEEN OLD
AND CALIFORNIA STATE UNIVERSITY
WAY FOR
RIVER ROAD
BAKERSFIELD.
I
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SSo
County of Kern )
CAROL WILLIAMS, 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 31st day of August, 1995
she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following: Resolutin of Intention No. 1138,
passed by the Bakersfield City Council at a meeting held on the
30th day of August, 1995, and entitled:
A RESOLUTION OF THE COUNCIL DECLARING ITS
INTENTION TO ORDER THE VACATION OF THE EXCESS
ROAD RIGHT OF WAY FOR STOCKDALE HIGHWAY
BETWEEN OLD RIVER ROAD AMD CALIFORNIA STATE
UNIVERSITY BAKESFIELD IN THE CITY OF
BAKERSFIELD
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield
DEPUTY City'Clerk ~