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HomeMy WebLinkAboutRES NO 15-97James Haples,Asse. ~r-Racordar Kern County Official Records DOCUMENT #:0197012380 ~01970128B0~ Other TOTAL PAID SOFIR Pages: 6 1/38/1997 13:89:28 15-97 RESOLUTION NO. Star Types:l A RESOLUTION ORDERING THE VACATION OF THE SUPERSEDED PORTIONS OF PUBLIC ROAD RIGHT OF WAY AT THE NORTHEAST CORNER OF CALLOWAY DRIVE AND BRIMHALL ROAD IN THE CITY OF BAKERSFIELD. WHEREAS, on WEDNESDAY, DECEMBER 18, 1996, the Council of the City of Bakersfield, pursuant to the provisions of the "Public Streets, Highways and Service Easements Vacation Law," being Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California, passed and adopted its Resolution of Intention No. 1154 declaring its intention to order the vacation of the superseded portions of public road right of way at the northeast comer of Calloway Drive and Brimhall Road in the City of Bakersfield; and WHEREAS, for the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 will have a significant effect on the environment; and WHEREAS, at its meeting on November 21, 1996, the vacation was duly heard and considered by the Planning Commission and was found to be consistent with the Metropolitan Bakersfield General Plan. WHEREAS, said Council did fix a time and place for heating all persons interested in or objecting to said proposed vacation, which hearing was held on Wednesday, January 22, 1997, after notices were duly published and posted as required by law. as follows: NOW, THEREFORE BE IT RESOLVED by the Council of the City of Bakersfield 1. The above recitals are true and correct and are incorporated herein. All of the superseded portions of public road right of way at the northeast corner of Calloway Drive and Brimhall Road in the City of Bakersfield, County of Kern, State of California, more particularly described in Exhibit "A", is unnecessary for present or prospective public use or public street purposes and is hereby vacated, subject to the conditions enumerated herein. A non-exclusive easement shall be reserved for public utilities purposes in, under, over and upon the entire above described street area. 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. ...... 000 ...... Page · of 3 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 dAN z ? ~Lqg?, by the following vote: AYES: COUNCILMEMBER OeMOND, CARSON, SMITH, McDERMOTt, ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER. ~ ~ ASSlAIN: COUNClLE,~':vlBc:R /"~( ~ .~S~NT: COUNCILMEMBER /k~t ~/~ ~.--- CITY CLERK AND EX OFFICIO CLERK of the Council of the City of Bakersfield JAN 2 2 '1997 APPROVED~, MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY of the City of Bakersfield RTY:cah Page 3 of 3 EXHIBIT "A" VACATION OF SUPERSEDED PORTIONS OF CALLOWAY DRIVE AND BRIMHALL ROAD A parcel of land being portions of sections 29, 30, 31 and 32 of Township 29 South, Range 27 East, MDM., City of Bakersfield, County of Kern, State of California, more particularly described as follows: Commencing at the southwest comer of said section 29; Thence North 00° 51' 07" East, along the west line of said section, a distance of 278.37 feet; Thence South 89° 08' 53" East, 30.00 feet to a point on the east right of way line of Calloway Drive (County Rd. No. 360) also being the TRUE POINT OF BEGINNING; Thence South 00° 51' 07" West, along said east right of way line, 248.35 feet to a point on the north line of the south 30.00 feet of said section 29, also being the north right of way line of Brimhall Road (County Rd. No. 437); Thence South 89° 10' 29" East, along said north right of way line, 631.24 feet to a point on the east line of Parcel 2 as established by Certificate of Compliance filed for record in Book 6128, Page 2176, Official Records, in the Office of the Kern County Recorder; Thence South 00° 51' 38" West (S 00° 14' 56" W. Per said Certificate of Compliance), along said east line, 22.51 feet to a point on a non-tangent, 2392.80 foot radius curve, concave northwesterly, having a radial bearing of North 09° 01' 31" West from said point on curve; Thence southwesterly along said curve through a central angle of 01 ° 06' 39" an arc distance of 46.39 feet to a point on the south line of said section 29; Thence continuing westerly along said curve through a central angle of 10° 30' 52" an arc distance of 439.11 feet to the beginning of a non-tangent 1439.00 foot radius curve, concave northerly, having a radial beating of North 03 o 05' 46" East from said beginning of curve; Thence westerly along said curve through a central angle of 07° 07' 10" an arc distance of 178.81 feet to a point on the west line of said section 32 (distant South 00° 43' 24" West, 8.48 feet from the northwest comer thereof); Thence continuing northwesterly along said curve through a central angle of 00° 38' 09" an arc distance of 15.97 feet; Thence North 28° 58' 00" West, 6.70 feet to a point on the north line of said section 31 (distant North 89° 06' 37" West, 19.06 feet from the northeast comer thereof); Thence continuing North 28° 58' 00" West, 41.29 feet to a point on the north line of the south 30.00 feet of said section 30, also being the north right of way line of Brimhall road (County Rd. No. 589); Thence South 89° 06' 37" East, along said north line, 6.26 feet to a point on the west line of the east 30.00 feet of said section 30, also being the west right of way line of Calloway Drive (Co. Rd. No. 360); Thence North 00° 51' 07" East, along said west line, 28.04 feet to a point on a non-tangent 1560.00 foot radius curve, concave northwesterly, having a radial bearing of North 69° 42' 59" West from said point on curve; Thence northeasterly along said curve through a central angle of 03 o 38' 34" an arc distance of 99.18 feet to a point on the west line of said section 29 (distant North 00 o 5 I' 07" East, 152.57 from the southwest coraer thereof); Thence continuing northeasterly along said curve through a central angle of 04 ° 45' 04" an arc distance of 129.36 feet to the TRUE POINT OF BEGINNING. Containing 0.930 acres (more or less) L$. $ttli9 m / C0. RD. 1132 I HARVEY COURT P.M. 7226 Pot. 4 9 I ~ I .... ~_L~ L' --k $HEE LASARGER ROAO_~ P M 9049 ~9, P 66 TRACT TRACT ~; r.)7.3 - PROPOSED CLOSING SCALE: 1":200' M.B. 42, PG. 43 VACATION OF SUPERSEDED PORTIONS OF CALLOWAY DRIVE AND BRIMHALL ROAD CITY OF BAKERSFIELD CALIFORNIA ENGINEERING DEPARTMENT ~v= 7/22/96 OAAW. R.T.Y.