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Home My WebLink AboutRES NO 163-02RESOLUTION NO. 163-02 A RESOLUTION ORDERING THE SUMMARY VACATION OF THE SUPERSEDED PORTION OF PATRICK HENRY DRIVE AT THE NORTHWEST CORNER OF LIBERTY HIGH SCHOOL WHEREAS, Chapter 4, Article 2, Section 8335 of the Streets and Highways Code authorizes the City Council to summarily vacate certain streets, highways or public service easements; and WHEREAS, LIBERTY HIGH SCHOOL of the KERN HIGH SCHOOL DISTRICT, petitioned the Council for the summary vacation of the superseded portion of Patrick Henry Drive at the northwest corner of Liberty High School in the City of Bakersfield, described more particularly in Exhibit "A" attached hereto and made a part hereof; and WHEREAS, the subject street is eligible for summary vacation on the basis that the street right of way has been superseded by relocation and no property access would be cut off by the proposed vacating action; and WHEREAS, the public street right of way is unnecessary for present prospective public street purposes; and WHEREAS, The Planning Commission, at its meeting on September 5, 2002, considered and found that the proposed vacation is consistent with the Metropolitan Bakersfield 2010 General Plan. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Bakersfield as follows: All the foregoing recitals are found to be true and correct. The proposed vacation is consistent with the Metropolitan 2010 General Plan. In accordance with Section 8330 of the California Streets & Highways Code, the public street right of way in the City of Bakersfield described more particularly in the above recital has been superseded by relocation and therefore may be summarily vacated by the legislative body. The action herein taken is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061(b)(3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. G:\GROUPDAT~ADMINRP'F~-002\Oct 2\Res Vac Pat Hen Dr.doc Pursuant to Chapter 4, Article 2, Section 8335 of the Streets and Highways Code, the above-described public street right of way is hereby vacated and from the date of recordation of this Resolution shall no longer constitute a public street. 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. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of th~.Cit~ of Bakersfield at a regular meeting thereof held on v~.~ ;~ ~002 , by the following vote: AYES: COUNClLMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER t~,~'''Y''~ ABSTAIN: COUNCILMEMBER ~,C:~¢~, ABSENT: COUNCILMEMBER ~ APPROVED OCT ~ ZOOZ CITY CLERK and Ex Offick~__~lerk of the Council of the City of Bakersfield APPROVED as to form: CITY ATTORNEY of the City of Bakersfield G:\GROUPDA'iAADMINRPT~2002\Oct 2\Res Vac Pat Hen Dr.doc 9RK~INAi EXHIBIT "A" VACATION OF A PORTION OF PATRICK HENRY DRIVE A portion of the public street right of way for Patrick Henry Drive (formerly Heartland Drive) dedicated to the City of Bakersfield per Deed filed for record as Document No. 0197131363 in the Office of the Kern County Recorder, also being a portion of the northeast 1/4 of Section 36, T. 29 S., R. 26 E., M.D.M., City of Bakersfield, County of Kern, State of California, more particularly described as follows: Commencing at a point on the east line of said Section 36 distant S 00° 17' 45" W, 508.34 feet from the northeast corner of said section, said point being the northeast corner of that property conveyed to the Kern High School District for Liberty High School per Grant Deed filed for record in Book 6819, Page 675, O.R. in the Office of the Kern County Recorder; Thence N 89° 15' 08" W, along the north line of said property, 1505.97 feet to the northwest corner thereof, also being the TRUE POINT OF BEGINNING; Thence S 00° 17' 45" W, 30.00 feet to meet the south right of way line of Patrick Henry Drive; Thence S 89° 15' 08" E, along said south line, 194.72 feet to the point of cusp of a 94.00 foot radius curve, tangent to said point and concave to the northeast; Thence northwesterly along said curve through a central angle of 47° 05' 23" an arc distance of 77.26 feet to a point on the north line of said District property; Thence N 89° 15' 08" W, along said north line, 126.11 feet to the TRUE POINT OF BEGINNING. Containing 4,417 square feet G:\GROUPDA'iSADMINRpT~2002\Oct 2\EXHIBIT A Vac Pat Hen Dr.doc OR~GtN^L I ' I ~ ' ' ~ ~') ~ ~ " I I LIBERTY HIGH SCHOOL T~CT 5882 PH.7A PTN. NE1/4 SEC.36 T,29N. R.26E. i E~/M~L ~ -- - -- ~24) ' ~ ~) '~ LIBERTY HIGH SCHOOL THE VACATION OF THE SUPERSEDED PORTION OF PATRICK HENRY DRIVE AT THE NORTHWEST CORNER OF LIBERTY HIGH SCHOOL. .~co.o~o ,0-- CI~ OF BAKERSFIELD .*~s/~o/oz '" =" *~ '*=' CALIFORNIA KIriN COUP. C~I~RNIA ENGINEERING DEPARTMENT C.[CK=O