HomeMy WebLinkAboutROI NO 1204RESOLUTION OF INTENTION NO. 1204
A RESOLUTION OF THE COUNCIL DECLARING ITS
INTENTION TO ORDER THE VACATION OF THE PUBLIC STREET RIGHT
OF WAY FOR CORMIER DRIVE, REDBRIDGE WAY, SOUTHPORT GLEN
AND CLAIRIDGE COURT IN TRACT NO. 5428.
WHEREAS, Martin-Mclntosh Land Surveyors, Civil Engineers submitted a
request for the vacation of the public street right of way for Cormier Drive, Redbridge Way,
Southport Glen and Clairidge Court in Tract No. 5428 (See Exhibit "A"); 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, in
that there is no possibility that the street right of way vacation and proposed use as private
roadway could have a significant effect on the environment; and
WHEREAS, at its meeting on August 5, 1999, the vacation was duly heard and
considered by the Planning Commission and was found to be consistent with the
Metropolitan Bakersfield 2010 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.
This resolution is adopted pursuant to Section 8300, of the Streets and
Highways Code of the State of California.
The Council intends to order the vacation of the public street right of way for
Cormier Drive, Redbridge Way, Southport Glen and Clairidge Court in Tract
No. 5428 in the City of Bakersfield, County of Kern, State of California, more
particularly described in Exhibit "A" attached hereto and made a part hereof.
A nonexclusive easement shall be reserved for public utilities purposes in,
under, over and upon the entire above described street right of way area
being that area described in said Exhibit "A".
A non-exclusive easement shall be reserved for municipal services provided
by the City of Bakersfield over the entire above described street right of way
area being that area described in said Exhibit "A".
Page 1 of 3
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As a condition of completion of said vacation, pursuant to Section 8324(b)
of the Streets and Highways Code of the State of California, the City Clerk
shall not record any final adoption of said vacation until the Applicant
provides the following:
Evidence that a Street Closure Indemnification Agreement has been
executed by all property owners within Tract No. 5428, and that each
of said Agreements, has been recorded in the Office of the Kern
County Recorder.
Evidence that a Homeowners Association has been created and
CC&R's adopted which have been approved by the City, and which
have been recorded with the Office of the Kern County Recorder.
c. Wall and entrance gate plan to be approved by Public Works.
Applicant to provide new street name signs designating private
streets.
e. Interior street lights shall be removed from City street light system.
City Fire service and refuse collection shall be provided satisfactory
access through locked entrance gates by a method approved by
those departments.
7:00 P.M. on Wednesday, October 20, 1999, in the Council Chambers, City
Hall, 1501 Truxtun Avenue, Bakersfield, California, is hereby fixed as the
time and place when all persons interested in or objecting to the proposed
vacation may appear before the City Council and be heard.
The City Clerk shall cause notice of the date, hour, and place of said hearing
on this resolution to be published for two successive weeks prior thereto in
The Bakersfield Californian and the Superintendent of Streets of the City of
Bakersfield, California, shall cause "Notice of Vacation" to be posted a s
required by Section 8323 of the Streets and Highways Code of the State of
California.
The City Clerk shall certify to the passage of this resolution and shall cause
the same to be posted on the bulletin board at the City Hall, 1501 Truxtun
Avenue, in the City of Bakersfield, within fifteen (15) days after its passage.
.......... O00 ..........
Page 2 of 3
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
SEP 2 2 ~999 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNClLMEMBER t,4g~
COUNClLMEMBER
SEP 2 2 1999
APPROVED
BOB pRICE ~/
MAYOR of the City of Bakersfield
CITY CLERK and Ex Officio ~)/erk of the
Council of the City of BakersFeld
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
Page 3 of 3
EXHIBIT "A"
All of the public street right of way for Cormier Drive, Redbridge Way, Southport Glen and
Clairidge Court in Tract No. 5428, per map filed for record in book 40 of maps, page 34, in the
office of the Kern County Recorder.
Cormier Drive being bounded northerly by the line described as follows:
Commencing at the most southerly comer of Lot 1 of said Tract No. 5428;
Thence N 30° 57' 29" W, along the west line of said Lot 1, a distance of 96.46 feet to an angle
point thereon, and the Tree Point of Begiuning;
Thence S 59 ° 53' 48" W, 60.01 feet to the northeast comer of Lot 34 of said Tract No. 5428 and
the Point of Termination.
Redbridge Way being bounded westerly by the line described as follows:
Commencing at the southeast comer of Lot 24 of said Tract No. 5428;
Thence S 77° 44' 01" W along the south line of said Lot 24, a distance of 94.82, feet to an angle
point thereon, and the Tree Point of Beginning;
Thence S 12° 15' 59" E, 60.00' feet to the northeast comer of Lot 23 of said Tract No. 5428 and
the Point of Termination.
G:\GROLIPDAT~ESOLUTI~ 1999\Tr5428~xibitA.wpd
/ ~ ~ ~ ~ ~ ~FACILITY
WHITE LANE
VACATION OF PUBLIC ST~ET ~GHT OF WAY FOR CO~ER
D~, ~DB~DGE WAY, SOUT~ORT GLEN ~ CL~I~GE CO~T
IN T~CT NO. 5428
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 24th day of September ,1999 she posted on the Bulletin Board
at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1204
_passed by the Bakersfield City Council at a meeting held on the 22nd day of
September 1999, and entitled:
A RESOLUTION OF THE COUNCIL DECLARING ITS
INTENTION TO ORDER THE VACATION OF THE PUBLIC
STREET RIGHT OF WAY FOR CORMIER DRIVE,
REDBRIDGE WAY, SOUTHPORT GLEN AND CLAIRIDGE
COURT IN TRACT NO. 5438.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
S:\DOCU M ENI~FORMS~AOPOSTINGROI.WPD
September 24, 1999