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Home My WebLink AboutRES NO 120-03RESOLUTION NO. ~' 2 0 "0 3 A RESOLUTION ORDERING THE SUMMARY VACATION OF CAMINO GRANDE DRIVE IN THE BUFFER AREA ON THE WEST SIDE OF THE COUNTY OF KERN'S CHINA GRADE SANITARY LANDFILL SITE 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 by adoption of a Resolution of Vacation; and WHEREAS, COUNTY OF KERN WASTE MANAGEMENT DEPARTMENT, petitioned the Council for the summary vacation of Camino Grande Drive in the buffer area on the west side of the County of Kern's China Grade Sanitary Landfill Site in the City of Bakersfield,said roadway is 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 is excess public street right of way that lies within property under one ownership; and WHEREAS, the public street right of way is unnecessary for present prospective public street purposes; and WHEREAS, the City of Bakersfield wishes to retain easement rights over the proposed vacating area for public bike path purposes and for emergency fire and municipal services access purposes; and WHEREAS, The Planning Commission, at its meeting on March 6, 2003, 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 8334 (a) of the California Streets & Highways Code, the public street right of way in the City of Bakersfield described more particularly in the above recital is excess and not required for public street or highway purposes and therefore may be summarily vacated by the legislative body. G:\GROUPDAT~,DMINRPT\2003\04-30\Camino Grande Vac Res.doc ORtGiNAt 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. Easement rights shall be reserved over the above described (see Exhibit "A") vacating area as follows: A. Access for fire protection, police services and all emergency services shall be provided over the above described vacating area. B. Access for City municipal services and vehicles necessary for operation of the Bear Mountain Cogeneration Plant shall be provided over the above described vacating area. C. An easement for City bike path purposes shall be provided over the above described vacating area. All of the above described public street right of way (per attached Exhibit "A") is unnecessary for present or prospective use for public street purposes and is hereby vacated subject to the conditions enumerated herein. 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. .......... oOo .......... G:\GROUPDAT1ADMINRPT\2003\04-30\Camino Grande Vac Res.doc ORiGINAl 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 JUL !} ?.003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCiLMEMBERCOUCH, CARSON, BENHAH, MAGGARD, HANSON, SULUVAN, SALVAGG[O COUNCILMEMBER ~ COUNC[LMEMBER COUNCILMEMBER PAMELA A. McCARTHY, (:~lC CITY CLERK and Ex Officio CI-'" ' ' A'erk of the Council of the City of Bakersfield APPROVED JUL 9 2003 HARVEY L. HALL Mayor of the City of Bakersfield / APPROVED as to form BART J. THILTGEN City Attorney G:\GROUPDAT~ADMINRPT~2003\04-30\Camino Grande Vac Res.doc Exhibit "A" EXHIBIT NO._ Those two (2) strips of land being portions of the northeast quarter of Section 11, Township 29 South, Range 28 East, M.D.M., City of Bakersfield, County of Kern, State of California, more particularly described as follows: Strip No. 1 A strip of land being a portion of the "Easement and Right-of-Way for Public Highway Purposes" conveyed to the County of Kern per deed filed for record in Book 1000, Page 178, Official Records, in the Office of the Kern County Recorder, said portion being a strip of land 60 feet in width, the center line of which is more particularly described as follows: Commencing at a point on the east line of the northeast quarter of said Section 11, distant S 00° 13' 00" E, 1325.99 feet from the northeast corner thereof; Thence S 78° 36' 00" W, 305.638 feet to the True Point of Beginning; Thence S 78° 36' 00" W, 174.05 feet to the beginning of a 7500 foot radius curve concave northerly; Thence westerly along said curve through a central angle of 04° 26' 20" an arc distance of 193.68 feet to a point on the west line of the east ~ of the east ~ of the northeast ¼ of said Section 11, also being the Point of Termination. The side lines of said strip shall be extended or shortened to terminate at the west line of the east ~ of the east ~ of the northeast ¼ of said Section 11. Strip No. 2 A strip of land being that "Street Right-of-Way" easement dedicated to the City of Bakersfield per deed filed for record in Book 5565, Page 1996, Official Records, in the Office of the Kern County Recorder, said strip being 75 feet in width, the center line of which is more particularly described as follows: Commencing at the southeast corner of the northeast quarter of said Section 11; Thence N 00° 13' 00" W, along the east line of said northeast quarter, 1136.94 feet to a point on a non-tangent 300 foot radius curve concave to the southwest, to which point a radial line bears N 54° 22' 26" E, said point being the True Point of Beginning; Thence northwesterly along said curve through a central angle of 65° 18' 32" an arc distance of 341.96 feet to the Point of Termination. The side lines of said strip shall be extended or shortened to begin at the east line of the northeast quarter of said Section 11. ~/ G:\GROUPDAT~Ron~2003\Exhibit A - Two Strips.doc ~o~~ ~~ ' ( I ',"' ~ ~ ' i~ , . , ~.... ~ ~ kh ~- ~ ,,',, ~ , ,.,4 ~ .............................. //' _ THE VACATION OF CAMINO GRANDE DRIVE IN BUFFER AREA ON WEST SIDE OF COUNTY OF KERN'S CHINA GRADE SANITARY LANDFILL SITE. r EXHIBIT NO. ~ 43 98.8 WASTE OF 68 THE VACATION OF CAMINO GRANDE DRIVE IN BUFFER AREA ON WEST SIDE OF COUNTY OF KERN'S CHINA GRADE SANITARY LANDFILL SITE.