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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 II II I II I III I VIII II II OTHERFEES A 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) LB aiv201a 09:33 AM Page': 14 .00 .00 .00 00 ORIQINAi. 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. 1<8WKp9 SAStreet Vomtlom\12225 Slockdole- Bridge Bible Church\Resolutlon.doc -0 m J O aFIdINAL 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" 810AKF9.,, s m S'.\Street Vamtions\12225 Stockade -Bridge Bible Church\Resolutlon.tloc -p� or 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 �— day�ol BAEERSFIELDOIGH SCHOOL FOUNDATION, a California non-profit corporation OI O o �4�.KF9 ?"i+ s � � G URKS9Ml 6 O111O1NAL 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 5089 0� �gAKF9 Of o '- � �m ti b o URIGML OM101NAL $089 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 7 F n i Tm FaJTgatte , IESl(Imt t 9A'�F O � FOAKFy �CHGWAL 3 OIBOINA� State of County of --Ker n 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\, NAN[M W NONPDII 'K personally known to me -OR- O E COME[. n,tltNOi - Witness my hand and official seal. ,gtNOR[MC•GSldM1 1[FAH[.'WMY W wNA RE aF NorA n 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 MUST aE ATTAC TO TE DOCUMENT Nunhr of pq _ OEeCRHO AT RIGHT: aVrdl OtlM: Tu: N�:M Aho�w 5089 RIGIR 111,IASOINRIT R1RtW W S e k WAISTY MANED ata ialses e ONPYWALMI ocFImHN �, jifARtIERMl OLaM,ED )fQFREI[AL OATTORNEY N FAa OTRUsIEEOA ODUARDIAN2NISERYATOR MINER a REMESE[RRID: pN��N�:N e[ RxasHN w EPAYM) L[JU L6A-A?K/Alewl PAA-f4i49Ni0 RIGHT 1NUMMINT IORrIRnM W k OAPACTY RAMMED s1 1111,10so aI ow1UIDUALfN OOORNTRATE OFnOEROI a:nu OPARTNENMI O[RMIED ooERFIIAL OATTOIaEY N FAM OMSTEEIN ODUAfIRANICONSERVATO DOTER: SOONER M RVREKE 0: INNn Rf Mnnbl N EMRYIR[I State of California ss. County of � a 'I. M On . before me, �U V t (A(pt I \71 pace ..110d dOavar 0.91k11.'�le rvMLYh - c. personally appeared _LQ`Y c 'personally, known to me '..Proved-Come-ew-Me�eie-MyeNeleetery evidence' NAkK.YCaOIB to be file person(#] whose name( is/aw Cmrfarltatene1210S1a subscribed to the within instrument and 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. �A` WaNWN SwrMe � q Nrory 1—��— OPTIONAL ThoWh Me Mtormeaon b m net regldretl by law rt may Wove valuable b persona retying m Me tlppunlBnt antl Could prevent heudYev removal a reatlechmenro/ Mia loom ro anther dol: 1. Description of Attached Document Title or Type of Document:.et.xw4 5ao� G-,.rY..,vwg3 �a.0 rw J -�y 4Qki s( o Q +L, Document Date: Number of Pages:?GLf.�Or tCQ{M.1C 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 J Attorney in Pact J Trustee ! I Guardian or Conservator Other. /—� Signer Is Representing: Pi .l va . CA f L- 61_[%_ 1 [ v, rA)_(�'mvl_ TO a 0 I .%w) oe 5 Me.. PO NW. Geal�. LF 9131324e$ P. Mo.SNI aegpBl CMTaWFiae 19y0]aL1i c�OARF,q u c��gAKF9`p� ORIGPIAL I m V p PftlglNal- 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 W MsETYMX a upto, @ r Of a-ry+WRE.N.. MAM 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 mO DoauoiT rAnLwor P.P..�Dm or D..NN.. I/�1. i!� 1999 pE9C1aED AT RIGHT: 0 Ma+rINMnrT N11 Ab IIMNT TMIMYRNr 10P1ba�1 a a CAPACITY Ou By SNINERMI OarolyouALMI IoCMPOMM Pf ident aFlcaan OPMTNERW OIIIM!•D OOee1ML OATTOMEy N FAM OMSMEIsh OOOARpW fCONSERVATM 00111ER: sWhia M IIEnEsENTatO: IN.nN.f P.,.wy.l w E,.MFMI Bakersfield Christian High school Fbfudatim lmaefr TIUMerIVIT Io's aaa E a CAPACm' r1AMMD w sIDNEIIIsI DW MALMI ocMroRATE mmMI OMIrtfEalsl OLAtnEO OOENERAL OATTORNEy N FACT OTRusmoi ON/CONSERVATO o01NERDIEW. aolEa M a KNTars aIN,N.f ft. .1 sr ealto..l vroLwmraMr Faso N...aw w.r.aw Of.w vwcorta sonMA wc. 4 �� fall aLnwoasnualowmarort.wTN awxrR ewuaxRawawrAnoxmw nxaarwxre B' h F gAK4 mT m D o PrIl OINAI. 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. 5089 QFUOINAL IWv4W) b 0 u Q f- [= GVOV N377V -- - 8089 PRIOINAL J lwm9lw) o` n 5089 a W O N V AE 6 N \ \ FF •iO\ ``.ON OV1s ��ii W \ \ v as w \ cv N C'3 CLj � o E-• ^< I � Z z J � ULd I � Q z •O' I p W ,0; O wwj Pi a i m� Im Z� IZ I � 1 � I ' I ' I I Q � I F otM ,/ 1 I i ,00'9SL M„00,00.00N A F Q� Oiry tV I X WN ry IL m ,I I VII I N QI I WI I� I 1 I I 1 I I 1 Oq II I op In I rN I mN 1 89'496 3 i 1f.00N �. 1� 9g'gL£ 3,£9,1f.00N ,l£ IN 3„f9,1£.00N oc� no flN oN m q N 5089 Wa E— O Gz.l Iv -I Chi wxo ddo ZEms-` 2 Q � V � z w dm C1d `• __QP—ICIINAk 5089 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 e faxF Q AKF9s r �UHIGYVA� ^� U O __...._ .. ORIGINAL