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Home My WebLink AboutRES NO 051-04Recording requested by and for the benefit of the CITY OF BAKERSFIELD WHEN RECORDED MAIL TO: CITY OF BAKERSFIELD CITY CLERK 1501 TRUXTUN AVENUE BAKERSFIELD CA 93301 James W. Fitch. Assessor- Recorder PATTI Kern County Official Records 3/17/2004 Recorded at the request of 11:22 AM Public 0204058296 Stat Types: 1 Pages: 6 Fees 0.00 Taxes 0.00 Others 0.00 PAID $0.00 RESOLUTION NO. 051-04 A RESOLUTION ORDERING THE SUMMARY VACATION OF A PORTION OF THE EAST NILES STREET FRONAGE/SERVlCE ROAD BETWEEN FAIRFAX ROAD AND MORNING DRIVE ORIGINAl RESOLUTION A RESOLUTION ORDERING THE SUMMARY VACATION OF A PORTION OF THE EAST NILES STREET FRONTAGE / SERVICE ROAD BETVVEEN FAIRFAX ROAD AND MORNING DRIVE 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, The Niles Street Southern Baptist Church petitioned the Council for the summary abandonment of a portion of the East Niles Street frontage / service road between Fair[ax Road and Morning Drive described more particularly in Exhibit "A" attached hereto and made a part hereof; and WHEREAS, the subject road right of way has never been paved or improved since being granted to the County of Kern in July of 1956. The subject road right of way was part of an area annexed to the City of Bakersfield in July of 1980; and WHEREAS, the subject public street right of way is eligible for summary vacation on the basis that the right of way has been determined to be excess road right of way not required by the City for road purposes; and WHEREAS, The Planning Commission, at its meeting on February 5, 2004, 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) of the California Streets & Highways Code, the public road right of way in the City of Bakersfield described more particularly in said Exhibit "A", has been determined to be excess right of way of a street or highway not required for street or highway purposes and therefore may be summarily vacated by the legislative body. G:\GROUPDAT~ADMINRPT~2004\03-10\Res Vac E Niles Front,doc A nonexclusive easement shall be reserved for public utilities purposes in, under, over and upon the entire above described right of way area (per attached Exhibit "A") and full access for utilities shall be maintained to the greatest extent possible. = = 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. All of the above described public road right of way (per attached Exhibit "A") is unnecessary for present or prospective use for public road purposes and is hereby vacated subject to the conditions enumerated herein. Pursuant to Chapter 4, Article 2, Section 6335 of the Streets and Highways Code, the above-described public road right of way is hereby vacated and from the date of recordation of this Resolution shall no longer constitute 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. .......... o0o .......... G:\GROUPDAT~ADMINRPT~2004\03-10\Res Vac E Niles Front.doc -2- ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopte~,.~.,lth,~ ,¢..9,vncil of the City of Bakersfield ara regular meeting thereof held on LUU~ by the following vote: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, iVlAGGARD~ HANSON, SULLIVANi SALVAGGTO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTHY, ~:MC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAR I 0 2004 APPROVED as to form VIRGINIA GEN NA~I~O City Attorney /- · By: 4-~; ¢,.~.~ ~ G:\GROUPDAT~ADMINRPT~2004\03-10\Res Vac E Niles Front.doc -3- ORIGINAl. EXHIBIT "A" EAST NILES STREET FRONTAGE / SERVICE ROAD That strip of land being a portion of the northwest 1/4 of Section 25, T. 29 S., R. 28 E., M.D.M., City of Bakersfield, County of Kern, State of California, being more particularly described as follows: Beginning at the point of intersection of the east line of said northwest 1/4 of Section 25 and the north right of way line of East Niles Street (County Rd. No.2879), said point being distant fifty (50) feet north as measured at right angles to the south line of said northwest 1/4; Thence (1) West, along said right of way line,distant fifty (50) feet north of and parallel to said south line, a distance of 192.01 feet; Thence (2) North and parallel to the east line of said northwest 1/4 to a point distant 45 feet north as measured at right angles to said north right of way line; Thence (3) East, and parallel to said north right of way line, a distance of 192.01 feet to a point on the east line of said northwest 1/4 of Section 25; Thence (4) South, along said east line of said northwest 1/4, a distance of 45 feet, more or less, to the Point of Beginning. G:\GROUPDA'r~Ron~2004~EXHIBIT A - Vac E Niles Front.doc ORIGINAL $1 1~4 I I n,,~. No. . I ~ 104 ~ · 113 ) " ~ '' ~ ~1~ ~ · I --~~c_ ., .~ ,~ ~ · =~~ i~--," ~,~ '~ ~,;~'~'~': ' VACATION OF A PORTION OF THE EAST NILES STREET FRONTAGE/SERVICE ROAD BETWEEN FAIRF~ ROAD AND MORNING DRIVE. ~ .~co.o,.__ ,, Cl~ OF BAKERSFIELD .*T, ~ '" ~" ~"~ CALIFORNIA .~ ~.~ ~ KIRN ~U~. C~I~NIA ENGINEERING DEPARTMENT c"ECK~IGI~L