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HomeMy WebLinkAboutRES NO 144-99Recording requested by and for the benefit of the CITY OF BAKERSFIELD WHEN RECORDED MAIL TO: CITY OF BAKERSFIELD CITY CLERK 1501 TRUXTUN AVENUE BAKERSFIELD 93301 James Haples.Assessor-Recorder Kern County Official Records DOCUMENT #:0200015420 SOFIR Pages: 6 2/08/2000 13:54:34 Other TOTAL PAID Stat Types:l Resolution No. 144-99 A resolution ordering the Summary vacation of superseded (surplus) road right of way on morning drive Northerly of Panorama Drive in the City of Bakersfield. RESOLUTION NO. I 4 4 ' 9 9 A RESOLUTION ORDERING THE SUMMARY VACATION OF SUPERSEDED (SURPLUS) ROAD RIGHT OF WAY ON MORNING DRIVE NORTHERLY OF PANORAMA DRIVE IN THE CITY OF BAKERSFIELD.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highways or public service easements; and WHEREAS, EDWIN W. WILSON, petitioned the Council for the summary vacation of superseded (surplus) road right of way on Morning Drive northerly of Panorama Drive in the City of Bakersfield described more particularly in Exhibit "A" attached hereto and made a part hereof: and WHEREAS, the subject road right of way is eligible for summary vacation on the basis that the public road right of way has been superseded by relocation and no access to any persons property will be cut off and no public service easement will be terminated; and WHEREAS, the public road right of way is unnecessary for present or prospective public purposes; and WHEREAS, The Planning Commission, at its meeting on August 5, 1999 considered and found that the proposed abandonment is consistent with the Metropolitan Bakersfield 2010 General Plan. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Bakersfield as follows: -3.- All the foregoing recitals are found to be true and correct. The proposed abandonment is consistent with the Metropolitan Bakersfield 2010 General Plan. In accordance with Section 8330 of the California Streets & Highways Code, the surplus road right of way on Morning Drive in the City of Bakersfield described more particularly in the above recital has been superseded by relocation and therefore may be summarily abandoned by the legislative body.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, because there is no possibility that the action may have a significam effect on the environment. Pursuant to Chapter 4, Article 2, Section 8335 of the Streets and Highway Code, the above-described right of way is hereby abandoned and from the date of recordation of this Resolution shall no longer constitute a public road right of way. 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 ...... -2- ORGti~AL 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 OCT 0 6 1~c¢~ , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, MAGGARD, COUCH,, ,~WL~C, SULLIVAN, SALVAG~IO NOES: COUNCIL MEMBER AE)STAIN: COUNCILMEMBER ABSENT' COUNCILMEMBER CITY CLERK and Ex Officio I~lerk Council of the City of Bakersfield of the OCT 0 6 1~9 APPROVED: BOB P/RI C/~/~~ MAYOR of the City of Bakersfield APPROVED as to form.: By:. BART J. THILTGEN City Attorney G:\GROUPDAT\legal\1999\ResvacMomingDr.wpd -3- uRiG~NAL EXHIBIT"A" MORNING DRIVE SURPLUS RIGHT OF WAY That portion of the southwest 1/4 of section 18, T, 29 S., R. 29 E., M.D.M., City of Bakersfield, County of Kern, State of California, more particulary described as follows: Commencing at the northwest comer of the southwest 1/4 of said section 18; Thence S 89° 29; 34" E along the north line of the southwest 1/4 of said section 18, a distance of 55.00 feet to the TRUE PO1NT OF BEGINNING; Thence continuing S 89 ° 29' 34" E, along said north line, 38. 54 feet to a point on a non-tangent 1945.00 foot radius curve, concave easterly, to which point a radial line bears N 77° 53' 40" W; Thence southerly along said curve through a central angle of 11 ° 25' 31" an arc distance of 387.85 feet to a point of tangency on the east line of the west 55.00 feet of the southwest 1/4 of said section 18; Thence N 00° 40' 49" E, along said west line, 385.17 feet to the TRUE POINT OF BEGINNING. Containing 4,928 square feet (more or less) G:\OROUPDAT~RE SOLUTIM 999\VacS uper~dedMomlngDr, wpd ADOPTED ALIGNMENT ' [ ' - VACATION I VACATION OF SUPERSEDED (SURPLUS) ROAD RIGHT OF WAY ON ~ORNIN~ DRIVE NORTHERLY OF PANO~A DRIVE. "[~=" " Cl~ OF BAKERSFIELD ,N~K AT PA'' CALIFORNIA 0~. B.S.~ K[RN coup, C~N~A ENGINEERING DEPARTMENT ~L