HomeMy WebLinkAboutRES NO 043-18Recording 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
Kern County Official Records
Recorded Electronically by:
017 City of Bakersfield City Clerk
Ixxm 218044103 IppI�I''ry StetTwes, 1
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maoaamo PAID
No recording fee required. Exempt pursuant to Code 27383
The undersigned Grantor(s) declare(s) that the DOCUMENTARY TRANSFER TAX IS. S 0
Grantee is Exempt Gov't Agency(R&T 11922)
RESOLUTION NO. 043-18
A RESOLUTION OF THE COUNCIL ORDERING THE VACATION OF
PARCEL 2 OF THE FLOWAGE AND DRAINAGE EASEMENT RECORDED
ON AUGUST 13, 1999, LOCATED SOUTHEAST OF STOCKKOALE HWY
AND ALLEN ROAD AT 12226 STOCKDALE HIGHWAY (WARD 4)
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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
No recording fee required. Exempt pursuant to Code 27383
DOCUMENT
ELECTRONICALLY
RECORDED IN THE
OFFICIAL RECORD,;
The undersigned Grantor(s) declare(s) that the DOCUMENTARY TRANSFER TAX IS: $ 0
Grantee is Exempt Gov't Agency(R&T 11922)
RESOLUTION NO. 043-18
A RESOLUTION OF THE COUNCIL ORDERING THE VACATION OF
PARCEL 2 OF THE FLOWAGE AND DRAINAGE EASEMENT RECORDED
ON AUGUST 13, 1999, LOCATED SOUTHEAST OF STOCKKDALE HWY
AND ALLEN ROAD AT 12225 STOCKDALE HIGHWAY (WARD 4)
ORIGINAL
RESOLUTION NO. 04 3, 18
A RESOLUTION OF THE COUNCIL ORDERING THE VACATION OF
PARCEL 2 OF THE FLOWAGE AND DRAINAGE EASEMENT
RECORDED ON AUGUST 13, 1999, LOCATED SOUTHEAST OF
STOCKDALE HIGHWAY AND ALLEN ROAD AT
12225 STOCKDALE HIGHWAY (WARD 4)
WHEREAS, on WEDNESDAY, April 11, 2018, 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, declared its intention to vacate Parcel 2 of the flowage
and drainage easement recorded August 13, 1999, located southeast of Stockdale
Highway and Allen Road at 12225 Stockdale Highway (Ward 4); and
WHEREAS, this summary vacation is eligible per Section 8334 of the Streets and
Highways Code which authorizes the City Council to summarily vacate excess
easements as described above which are not required for public purposes; 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
27, 2018, 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, or seq. of the Streets and
Highways Code of the State of California.
3. The Council orders the vacation of
easement recorded on August 13,
Highway and Allen Road at 12225
described and illustrated in Exhibit
incorporated herein), all in the City
California.
Parcel 2 of the flowage and drainage
1999, located southeast of Stockdale
Stockdale Highway, (more specifically
"A", which is attached hereto and
of Bakersfield, County of Kern, State of
5. 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.
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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
APR 11 2010 by the following vote:
VES'. COUNCILMEMBER. GONZALES, WEIR, SMITH, FREEMAN. SULLIVAN; rATTCI�
S COUNCILMEMBER'.
AB N. COUNCILMEMBER.
ABSEN COUNCI LMEMBER.
CHRISTOPHER GERRY
ACTING CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: APR 11 101R
9
By
KAREN GOH
`Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
Byd�—
—
RICHARDIGER
Deputy City Attorney
Attachments: Exhibit "A"
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ORIGINAL
EXHIBIT A
RECORDING REQUESTED BY AND
FOR THE BENEFIT OF THE CITY OF
BAKERSFIELD, AND WHEN RECORDED,
MAIL TO:
CITY CLERK'S OFFICE
CITY HALL
1501 TRUXTUN AVENUE
BAKERSFIELD, CALIFORNIA 93301
James Maples.Assessor-Recorder SABRINA
Kern County Official Records Pages11
DOCUMENT #:0199116438 8/13/1999
10:02:26
1111'11111111Fees
Taxes...
suauws"
Other...
TOTAL
PAID.
FOR A VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged,
BAKERSFIELD CHRISTIAN HIGH SCHOOL FOUNDATION, a California
non-profit corporation
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 parcel of land
described as follows:
SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND INCORPORATED HEREIN
Said parcel of land shall be kept free and clear of buildings and
structures of any kind.
This grant is subject to all existing conditions, restrictions,
reservations, easements, servitudes and rights-of-way, whether of record
or not. The City of Bakersfield will not be responsible for any maintenance of
the Pexmanent Drainage Facilities described herein.
Grantee agrees by its acceptance of this grant, and as a material
part of the consideration herefore, 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
property over whose land the parcel of land described as "FLOWAGE AND
DRAINAGE EASEMENT" applies shall have the right to reenter upon and take
and hold possession of such land or any part thereof, from the easement
herein granted.
I]I iITREBB IIHEREOP, the party has executed this instrument this
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BAEERSFIELDOIGH SCHOOL FOUNDATION, a California non-profit
corporation
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TRUST DEED HOLDER CONSENT FORM
THE UNDERSIGNED, CLAIMING SOME RIGHT OR INTEREST UNDER THAT CERTAIN DEED
OF TRUST RECORDED JUNE 26, 1998 AS DOCUMENT NO. 0198085275, KERN COUNTY
OFFICIAL RECORDS, EXECUTED BY BAKERSFIELD CHRISTIAN HIGH SCHOOL
FOUNDATION, A CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORATION, AS TRUSTOR
AMERICAN TITLE COMPANY, A CORPORATION, AS TRUSTEE, AND BUTTER-ATKIISON
PARTNERSHIP, A CALIFORNIA GENERAL PARTNERSHIP AS BENEFICIARY, HEREBY
CONSENT TO THE RECORDATION OF A FLOWAGE AND DRAINAGE EASEMENT AND AGREE
TO BE BOUND THEREBY AND THAT TEES RIGHT, TITLE, OR INTEREST IS SUBJECT
THERETO.
B-ATKINSON PARTNERSHIP, A Cahfomia General Partnership
Melvin D. Atki S , Partner
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TRUST DEED HOLDER CONSENT FORM
THE UNDERSIGNED, CLABOUQG SOME RIGHT OR INTEREST UNDER THAT CERTAIN DEED
OF TRUST RECORDED JANUARY 8, 1999 AS DOCUMPNT NO. 0199002532, KERN COUNTY
OFFICIAL. RECORDS, EXECUTED BY BAKERSFIELD CHRISTIAN HIGH SCHOOL
FOUNDATION, A CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORATION, AS TRUSTOR
AMERICAN TITLE COMPANY, A CORPORATION, AS TRUSTEE, AND KERN RIVER PUBLIC
ACCESS COMMITTEE, A CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORATION, AS
BENEFICIARY, HEREBY CONSENT TO THE RECORDATION OF A FLOWAGE AND DRAINAGE
EASEMENT AND AGREE TO BE BOUND 7HIREBY AND THAT THEIR RIGHT, TITLE, OR
INTEREST IS SUBJECT THERETO.
KERN RIVER PUBLIC ACCESS CONI.ITTEE, A CALIFORNIA NON-PROFIT
PUBLIC(( BENEFIT TRPORATION
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On C�-1Z-Ci` I before me, Sy\f IIq T pr1, �tiOS
6-7111NNA[Mh Fo owmP *NOM DOE. TMY NN:C'I
personally appeared HE I\,
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Witness my hand and official seal.
,gtNOR[MC•GSldM1
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ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
R Could. however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS fFATE1 w TLLnTTpv of pecumein
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OEeCRHO AT RIGHT:
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NOM, Mitt -Cavil acknowledged to me that he/she,Mhey executed
eemCovlq' the same in histheNlheir authorized
syOunnboamorlam capacity(ies), and that by his/henMhefr
signature(o on the instrument the peraon(A), or
the entity upon behalf of which the person(ti)
acted, executed the instrument.
WITNESS my hand and official seal.
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Description of Attached Document
Title or Type of Document:.et.xw4 5ao� G-,.rY..,vwg3 �a.0 rw J -�y 4Qki s(
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Document Date: Number of Pages:?GLf.�Or
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Signer(s) Other ThenNamedAbove: gat h t u a ''teas a�l k D. A tL' n�
Capacity(les) Claimed b 5 ner
Signers
Individual top d uvmm lisle
✓Corporate Officer — Tile(s): Pr—f '> i AP.i'S
7 parhrer— 1 Limited 'J General
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J Trustee
! I Guardian or Conservator
Other. /—�
Signer Is Representing: Pi .l va . CA f L- 61_[%_ 1 [ v, rA)_(�'mvl_ TO a
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State Of California
County of Kern
On May 11. 1999 before me, Vivian Marie Ferouson
oAro MAurmns OF aacsraw.-.IAntox Norm.wrcn
personally appeared Kathryn L. Megazzi
N 110 m eMe11N1
® personally known to me -OR- ❑
VMAM MARIE FENUSOM
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Witness my hand and official seal.
The information requested below and in the column to the right is OPTIONAL
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
txa as "n ty,,,T�ao,,,,,,,,a Drainage Easement
MAST er ATTAOED v�.y
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EXHIBIT 'A"
PERMANENT DRAINAGE FACILITIES
LEGAL DESCRIPTIONS
ALL THOSE PORTIONS OF SECTION 1, TOWNSHIP 30 SOUTH, RANGE 28 EAST, M.D.M.,
CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED
AS FOLLOWS:
PARCELI
COMMENCING AT THE CENTERLINE INTERSECTION OF STOCKDALE HIGHWAY AND
ALLEN ROAD AS MARKED BY A CIT' OF BAKERSFIELD CONCRETE MONUMENT IN
LAMPHOLE AS SHOWN ON RECORD OF SURVEY BOOK 19 AT PAGE 115 IN THE OFFICE
OF THE KERN COUNT' RECORDER; THENCE 5.80.25'28'E., 1587.79 FEET TO THE TRUE
POINT OF BEGINNING; THENCE N.90'00'00'E., 279.82 FEET; THENCE 5.00'00'00'W.,
208.89 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'A'; THENCE
CONTINUING 5.00.00'00'W., 49.11 FEET; THENCE N.90.00'00'W., 279.82 FEET; THENCE
N.00.00'00'E., 35.18 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT B';
THENCE CONTINUING N.DO'00'00'E., 220.82 FEET TO THE POINT OF BEGINNING.
CONTAINING 1.84 ACRES.
PARCEL -2
BEGINNING AT THE AFOREDESCRIBED POINT 'A'; THENCE S.59.53'09'E., 103.03 FEET;
THENCE EAST, 299.54 FEET; THENCE N.88.20'11'E., 371.82 FEET; THENCE 5.00.31'53'W.,
21.93 FEET; THENCE 5.58.2011'W., 387.02 FEET; THENCE WEST, 309.11 FEET; THENCE
N.59.53'09'W., 98.81 FEET; THENCE N.00.00'00'E., 23.12 FEET TO THE POINT OF
BEGINNING.
CONTAINING 15,473 SQUARE FEET.
PARCELS
BEGINNING AT THE AFOREDESCRIBED POINT'S', THENCE S.72.58'02'W., 449.18 FEET;
THENCE WEST, 884.48 FEET; THENCE S.DO.31153'W., 378.85 FEET; THENCE
N.89.28'07'W., 22.59 FEET;THENCE N.00.31'53'E., 20.00 FEET; THENCE SAV28117'E., 2.59
FEET; THENCE N.DO'31'53'E., 821.31 FEET; THENCE N.89.28'07'W., 0.98 FEET; THENCE
N.D2'28'27'E., 20.01 FEET; THENCE 5.89.28'07'E., 20.29 FEET; THENCE 5.00'31'53'W.,
484.48 FEET; THENCE EAST, 884.29 FEET; THENCE N.72.58'02'E., 449.18 FEET; THENCE
SOUTH, 20.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 43,554 SQUARE FEET.
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CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by the FLOWAGE AND
DRAINAGE EASEMENT, dated MAY 11, 1999, from 13AKERSFIELD CHRISTIAN HIGH SCHOOL
FOUNDATION, a California Non-profit Corporation, to the City of Bakersfield, Grantee, a
municipal corporation and governmental agency, is hereby accepted by the undersigned officer
or agent on behalf of the City of Bakersfield, pursuant to authority conferred by City Council
Resolution No. 63-92, adopted on April 8, 1992, and the Grantee, by its duly authorized officer,
consents to recordation thereof.
DATED:
WQR0UPRATWW19W1Cw Fa ".wpd
be
UC WORKS DIRECTOR
of Bakersfield, California
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