HomeMy WebLinkAboutRES NO 105-16Recording 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
Jon Lifquist, Assessor- Recorder His
Kern County official Records 611312016
10:46 AM
Recorded Electronically by:
017 City of Bakersfield City Clerk
ooct 000216075709
stetrypes: 1
Pages: 7
FEES
NIN�NIIII�HmNIII�M�IIaNINIII��NI
OTHER
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PAID
.00
No recording fee required. Exempt pursuant to Code 27383
The undersigned Grantor(s) declare($) that the DOCUMENTARY TRANSFER TAX IS'. $ 0
Grantee is Exempt Gov't Ageney(R &T 1 1922)
RESOLUTION NO. 105.16
A RESOLUTION OF THE COUNCIL ORDERING THE VACATION OF A
FLOWAGE EASEMENT WITHIN 4520 NEW HORIZON BOULEVARD
(WARD 6)
unxeh„
No recording fee required. Exempt pursuant to Code 27383
The undersigned Grantor(s) declare(s) that the DOCUMENTARY TRANSFER TAX IS: $ 0
Grantee is Exempt Gov't Agency(R &T 11922)
RESOLUTION NO. 105 -16
A RESOLUTION OF THE COUNCIL ORDERING THE VACATION OF A
FLOWAGE EASEMENT WITHIN 4520 NEW HORIZON BOULEVARD
(WARD 6)
ot`h Eq
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DOCUMENT
Recording Requested by
ELECTRONICALLY
and for the benefit of:
RECORDED IN THE
CITY OF BAKERSFIELD
OFFICIAL RECORDS
And When Recorded Mail to:
City Clerk
CITY OF BAKERSFIELD
1600 Truxtun Avenue
Bakersfield, CA 93301
No recording fee required. Exempt pursuant to Code 27383
The undersigned Grantor(s) declare(s) that the DOCUMENTARY TRANSFER TAX IS: $ 0
Grantee is Exempt Gov't Agency(R &T 11922)
RESOLUTION NO. 105 -16
A RESOLUTION OF THE COUNCIL ORDERING THE VACATION OF A
FLOWAGE EASEMENT WITHIN 4520 NEW HORIZON BOULEVARD
(WARD 6)
ot`h Eq
fVAL
RESOLUTION NO. 105-16
A RESOLUTION OF THE COUNCIL ORDERING THE VACATION OF
A FLOWAGE EASEMENT WITHIN 4520 NEW HORIZON BOULEVARD (WARD 6)
WHEREAS, the City has received a request to vacate the Flowage Easement
within 4520 New Horizon Boulevard recorded June 23, 1980 in Book 5294 at Page 170
filed in the office of the Kern County Recorder that has been replaced by an updated
Flowage & Drainage Easement; and
WHEREAS, this summary vacation is eligible per Section 8334 of the Streets and
Highways Code which authorizes the City Council to summarily vacate the easement
as described above which is no longer needed by the City of Bakersfield; 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, the Planning Department approved the summary vacation on March
17, 2016, 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:
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 orders the vacation of the Flowage Easement within 4520 New
Horizon Boulevard as described in Flowage Easement recorded June 23, 1980 in Book
5294 at Page 170 filed in the office of the Kern County Recorder, more particularly
shown as Exhibit "A" and shown in Exhibit "B ", attached hereto and made part hereof.
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
May 3.2016
s\Weet vacaions \pm 5733 flowage easement \summary vacation resolution doc
v
GEIGMA'_
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
JUN 0 0 2016 by the following vote:
✓ ✓ / ✓ ✓ ✓
AYES' COUNCILMEMBER MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER
ES: COUNCILMEMBER tJUPQ_
ABSTAIN: COUNCILMEMBER
�COUNCILMEMBER 5101,
ROBERTA GAFFORD, C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
JUN 0 0 2616
APPROVFDs I � .✓,i'
HARVEY L. HALL
Mayor of the City of Bakersfiel
APPROVED as to form
VIRGINIA GENNARO
City Aft ey
By:
ANDREW HEGLUN
Deputy City Attorney
Attachments: Exhibit "A"
Exhibit "B"
M, 3, 2016
sastteet vacations \pm 5133 Flowage easementlsummary vwlion resolution doe
-2-
!'I'ICIPIAL
RECORDING REQUESTED BY L �N
FOR THE CITY'OF BAKERSFIELD )XISM :10 00
AND WHEN RECORDED MAIL TO:
City Clerk's Office 050980 IN JU923 PH 1: 19
1501 Truxtun Ave. REM.i o:. •.___._. _
Bakersfield, CA. 93301 RAY f. " -!t'�
En'
it ' Q " FLOWAGE EASEMENT 88363 6 626/591P9 .. ..
JPVM
FOR A VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNDW-
LEDGED Hale Coaterisan and Lowell L. Consterisan, hereinafter called "Grantor"
hereby grants to the City of Bakersfield, a California Municipal Corporation,
hereinafter called "Grantee" a non - exclusive easement for the purpose of
collection and storage of storm and drainage waters deriving from adjacent
subdivided lands and public streets, over, upon and across that certain par-
cel of land in the southwest quarter of Section 14, Township 30 South,
Range 22 East, M.D.B. 6 M., in the City of Bakersfield, State of California,
described as follows:
Parcel 1
Commencing at the southwest corner of the southwest quarter of
said Section 14; thence N. 000 00' 52" E., along the westerly
line of the southwest quarter of said Section 14, 994.94 East
to the line of the north 10 acres of the southwest quarter of
the southwest quarter of said Section 14; thence S. 890 38' -
38" E. along said south line, 1012.09 feet to the True Point
of Beginning; thence N. 000 21. 15" E., 295.77 feet to the
beginning of a non - tangent curve concave to the southwest
having a radius of 35.00 feet, to which beginning of curve a
radial bears N. 090 20' 36" E; thence southeasterly along said
curve through a central angle of 620 16' 11 ", an arc distance
of 38.04 feet to the beginning of a reverse curve concave north-
erly having a radius of 75.00 feet; thence easterly along said
curve through a central angle of 1610 15' 32", an arc distance
of 211.09 feet to a point of cusp; thence S. 000 21' 15" W.,
296.55 feet to the south line of the north 10 acres of the south-
west quarter of the southwest quarter of said Section 14; thence
N. 89 38' 38" W. along said south line 173.70 feet to the True
Point of Beginning.
Said parcel of land to be kept free and clear from buildings and
structures of any kind.
This grant is subject to all existing conditions, restrictions, res-
ervations, easements, servitudes and right -of -ways whether of record
or not.
Grantee agrees by its acceptance of this grant, and as a material
part of the consideration herefore, that in that in the event that this
easement is no longer required for drainage and storage purposes, due
to the creation of an alternate means of drainage approved by the Grantee,
this grant shall automatically cease and terminate, and the owners of the
lots over whose land the parcel of land described as "Flowage Easement"
applies shall have the right to re -enter upon and take and hold possession
of such land or any part thereof, from the easement herein granted.
1771
v -
CERTIFICATE OF ACCEPTANCE soor52% FADE i71 ■
THIS IS TO CERTIFY that the interest in real property conveyed by the deed or grant dated
February 12. 1980 from Hale and Lowell L.
to City of Bakersfield, a political corporation andlor gommmental agency is hereby accepted by order
of the Council of the City of Bakere6eid on _ June 1&, 1980 , and the
grantee cooaenta to recordation thereof by its duly auth:;Oa
DATED June 19, 11 ^80_ By •• -- ••,•• =r• YOR of re "Qty of Bakere6eld,
... , iblifomia
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M3294 `xs 172
IN WITNESS WHEREOF, said Grantors have hereunto subscribed their
names this day of FCOMVd" ,1900.
STATE OF CALIFORNIA ) ss
CoUntyy of Kern
On FLOWAY W. VSW , before me,
ROMa MAIM Oa/OAL a Notary Public
in and for said County and State, per-
sonally appeared Hale Coaterisan and
Lowell L. Coaterisan, known to me to be
the persons whose names are subscribed
to the within instrument, and acknow-
ledged to me that they executed the
same.
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.M.IAL SE1 d
pOBERI 1Z. pppppL
IN WITNESS WHEREOF, I have hereunto set °+
my hand and affixed my official seal,
the day and year in this certificate
�" 0.
the
First above written.
/Z.`..� /%ice /;r
Noe in and for said County and State
J
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