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Home My WebLink AboutRES NO 083-03Recording requested by and for the benefit of the CITY OF BAKERSFIELD WHEN RECORDED MAIL TO: James W. Fitch, Assessor- Recorder Kern County 01Iicial Records Recorded at the request e! Public Doc#: 0203173012 PATTI 0119/2003 12:03 AM Stat Types: 1 Pages: 4 Fees 0.00 Taxes 0.00 Others 0.00 PAID $O.O0 CITY OF BAKERSFIELD CITY CLERK 1501 TRUXTUN AVENUE BAKERSFIELD CA 93301 RESOLUTION NO. 083-03 A RESOLUTION ORDERING THE SUMMARY VACATION OF THE UNUSED IRREVOCABLWE OFFICER OF DEDICATION OF THE 60 FOOT WIDE EASEMENT FOR ROAD PURPOSES BETWEEN MARRIOTT DRIVE AND BURR STREET IN THE CITY OF BAKERSFIELD. RESOLUTI ON R OLUTION NO. 0 8 8 - 0 8 A RESOLUTION ORDERING THE SUMMARY VACATION OF THE UNUSED IRREVOCABLE OFFER OF DEDICATION OF THE 60 FOOT WIDE EASEMENT FOR ROAD PURPOSES BETVVEEN MARRIOTT DRIVE AND BURR STREET IN THE CITY OF BAKERSFIELD 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, GRAND SHANGRILA INTERNATIONAL, INC., petitioned the Council for the summary vacation of the unused Irrevocable Offer of Dedication of the 60 foot wide easement for road purposes between Marriott Drive and Burr Street in the City of Bakersfield, described more particularly in Exhibit "A" attached hereto and made a part hereof; and WHEREAS, the subject Irrevocable Offer of Dedication is eligible for summary vacation on the basis that the road easement (offer) has never been improved or accepted and that it lies within property under one ownership and does not cut off access to any property; and WHEREAS, the Irrevocable Offer of Dedication of road easement is unnecessary for present prospective public road easement purposes; and WHEREAS, The Planning Commission, at its meeting on April 17, 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: 1. All the foregoing recitals are found to be true and correct. 2. The proposed vacation is consistent with the Metropolitan 2010 General Plan. In accordance with Section 8334(a)(b) of the California Streets & Highways Code and Section 7050 of the California Government Code, the portion of public road easement in the City of Bakersfield described more particularly in the above recital has never been improved or accepted and that it lies within property under one ownership and does not cut off access to any property 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~ADMINRPT~003\05-28\Vacation Resolution.doc Page 1 of 2 EXHIBIT "A" BEING A PORTION OF PARCEL 2 OF PARCEL MAP WAIVER NO. P99-0572 AS DISCLOSED BY THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED AS INSTRUMENT NO. 0200019574 OF OFFICIAL RECORDS IN THE COUNTY RECORDERS OFFICE, ALSO BEING A PORTION OF THE NW % OF SECTION 26, T. 29 S., R. 27 E., M.D.M. IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF GIBSON STREET AND BURR STREET, MARKED BY A CONCRETE MONUMENT; THENCE S 89°12'55' E ALONG THE CENTERLINE OF BURR STREET 20.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 2; THENCE CONTINUEING S 89°12'55- E, 910.90 FEET: THENCE N 0°47'05' E, 30.00 FEET TO A POINT ON THE NORTH LINE OF BURR STREET AND THE POINT OF BEGINNING; THENCE N 0°47'05" E, 449.85 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 330.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17°43'30, AN ARC LENGTH OF 402.09 FEET TO A POINT ON A TANGENT LINE; THENCE N 16°56'25" W, 29.75 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 20.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 85°10'40", AN ARC LENGTH OF 29.73 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF MARRIOTt DRIVE; THENCE ALONG SAID LINE S 88°14'15, W, 20.65 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 330.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13002'07", AN ARC LENGTH OF 75.08 FEET TO THE POINT OF CUSP WITH A 20.00 FOOT RADIUS CURVE CONCAVE SOUTHWEST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRL ANGLE OF 81°47'13", AN ARC LENGTH OF 28.55 FEET TO A POINT ON A TANGENT LINE; THENCE S 16°56'25' E, ALONG SAID LINE 30.37 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 270.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17°43'30", AN ARG LENGTH OF 83.53 FEET TO A POINT ON A TANGENT LINE; THENCE S 0°47'05' W, 429.85 FEET, TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00' AN ARC LENGTH OF 31.42 FEET TO A POINT ON THE NORTH LINE OF BURR STREET; THENCE S 89°12'55, E ALONG SAID LINE 80.00 FEET POINT OF BEGINNING. . CHAPTER STREETS Pursuant to Char.._. 4, Article 2, Section 8335 of the S ts and Highways Code, the above-described public road easement is her~'by vacated and from the date of recordation of this Resolution shall no longer constitute a public service easement. 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 the City of Bakersfield at a regular meeting thereof held on MAY ~ 8 2003 , by the following vote: AYES: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ~ ABSTAIN: COUNCILMEMBER ~ ABSENT: COUNClLMEMBER ~ CITY CLERK and Ex Officio C,[~k of the Council of the City of Bakersfield APPROVED MAY ,~ 8 2003 HARVEY L. HALL MAYOR of the City of Bakersfield / APPROVED as to form: ~JBART J.~FilLT~ CITY ATTORNEY of the City of Bakersfield G:\GROUPDAT1ADMINRPT~2003\05-28\Vacation Resolution,doc Page 2 of 2