HomeMy WebLinkAboutROI NO 1209RESOLUTION OF INTENTION NO. 1209
A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO
ORDER THE VACATION OF THE PUBLIC STREET RIGHT OF WAY FOR
RAMSGATE WAY, EAGLE CREST DRIVE AND PRINCEVlLLE COURT IN
TRACT NO. 5291 FOR CONVERSION TO A GATED COMMUNITY.
WHEREAS, Martin-Mclntosh Land Surveyors, Civil Engineers submitted a
request for the vacation of the public street right of way for Ramsgate Way, Eagle Crest
Drive and Princeville Court in Tract No. 5291 for conversion to a gated community (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 September 16, 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
Ramsgate Way, Eagle Crest Drive and Princeville Court in Tract No. 5291
for conversion to a gated community, 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 (refuse
collection and emergency 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".
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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, December 15, '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 as
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 ..........
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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
NOV 1 ? 1999 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, RI~,SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNClLMEMBER~-~L~%
COUNCILMEMBER
CITY CLERK and Ex Officio Cl~k of the
Council of the City of Bakersfield
APPROVED
NOV 1 ? 1999
BOB PRIC~ L/
MAYOR of the City of Bakersfield
APPROVED as to form:
'~A R ;l',~fT H I t~'N
CITY ATTORNEY of the City of Bakersfield
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EXHIBIT "A"
All of the public street right of way for Ramsgate Way, Eagle Crest Drive and Princeville
Court (formerly Tunbridge Wells Court) in Tract No. 5291 filed for record in Book 39 of
Maps, Page 93, in the office of the Kern County Recorder.
Rams_aate Way being bounded westerly by the line described as follows:
Commencing at the southeast corner of Lot 1 of said Tract No. 5291;
Thence S 86° 51' 51" W, along the south line of said Lot 1, a distance of 135.98 feet to
an angle point thereon, and THE TRUE POINT OF BEGINNING;
Thence S 02 ° 57' 50" E, 60.00 feet to an angle point on the north line of Lot "A" of Lot
Line Adjustment No. 336 per Certificate of Compliance filed for record in Book 6747,
Page 610, Official Records, in the office of the Kern County Recorder, also being the
point of termination.
Ea_ale Crest Drive being bounded southwesterly by the line described as follows:
Commencing at the most northerly corner of Lot 15 of said Tract No. 5291, said corner
being on a 530.00 foot radius curve concave northwesterly;
Thence southwesterly along the northwest line of said Lot 15 (along last described
curve) an arc distance of 112.82 feet and central angle of 12° 11' 46";
Thence S 48 ° 47' 58" W, along said lot line, 11.48 feet to an angle point thereon, and
THE TRUE POINT OF BEGINNING;
Thence N 43° 21' 40" W, 60.04 feet to an angle point on the southeast line of Lot 16 of
Tract No. 5291, also being the point of termination.
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VACATION OF PUBLIC STREET RIGHT OF WAY FOR ~MSGATE ~-
WAY, EAGLE CREST DRIVE AND PRINCEVlLLE COURT IN T~CT
NO. 5291 FOR CONVERSION TO GATED COMMUNI~.
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 17th day of November ,1999 she posted on the Bulletin Board
at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1209
_passed by the Bakersfield City Council at a meeting held on the 18th day of
November 1999, and entitled:
A resolution of the council declaring its intention to order the
vacation of the public street right of way for Ramsgate Way,
Eagle Crest Drive and Princeville Court in Tract No. 5291 for
conversion to a gated community.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
Depbty City Clerk
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November 18, 1999