The URL can be used to link to this page

Home My WebLink AboutRES NO 163-03Recording 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 JASON Kern County Official Records 9/22/2003 Recorded at lhe request of 2:00 PM Public 0203202485 Stat Types: 1 Pages: 6 Fees 0.O0 Taxes 0.00 Others 0.60 PAID $o.oo RESOLUTION NO. 163-03 A RESOLUTION ORDERING THE SUMMARY VACATION OF THE PORTION OF THELMA DRIVE AND THE 10' WIDE ALLEY BETWEEN GOODMAN STREET AND BERNARD STREET. ORIGINAL RESOLUTION NO. I 6 3 ' 0 3 A RESOLUTION ORDERING THE SUMMARY VACATION OF THE PORTION OF THELMA DRIVE AND THE 10' WIDE ALLEY BETVVEEN GOODMAN STREET AND BERNARD STREET 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, RONALD F. RUETTGERS, representing property owners of the block at the northwest corner of Bernard Street and Alta Vista Drive, petitioned the Council for the summary vacation of the portion of Thelma Drive and the 10' wide alley between Goodman Street and Bernard Street in the City of Bakersfield, said street and alley right of way are described more particularly in Exhibit "A" attached hereto and made a part hereof; and WHEREAS, the subject street and alley right of way are eligible for summary vacation on the basis that the street and alley right of way are excess public right of way that lies within property under one ownership; and WHEREAS, the public street and alley right of way are unnecessary for present prospective public street and alley purposes; and WHEREAS, the City of Bakersfield wishes to retain easement rights over the Thelma Drive portion of the proposed vacating area for public utilities purposes; and WHEREAS, The Planning Commission, at its meeting on August 21,2003, 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) of the California Streets & Highways Code, the public street and alley right of way in the City of Bakersfield described more particularly in the above recital are excess and not required for public street or alley purposes and therefore may be summarily vacated by the legislative body. G:\GROUPDAT%ADMINRPT~2003\09-10\Vac Thelma Dr Res.doc -1- ORIGINAL 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. A non-exclusive easement shall be reserved for public utilities purposes in, under, over and upon the Thelma Drive portion of the above described vacating area (per attached Exhibit "A") and full access to said utilities shall be maintained to the greatest extent possible. All oF the above described public street and public alley right of way (per attached Exhibit "A") are unnecessary for present or prospective use for public street or public alley purposes and are hereby vacated subject to the conditions enumerated herein. Pursuant to Chapter 4, Article 2, Section 8335 of the Streets and Highways Code, the above-described public street and public alley right of way are hereby vacated and from the date of recordation of this Resolution shall no longer constitute a public street or public alley. 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~ADMINRP~2003\09-10\Vac Thelma Dr Res doc -2- 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 SEP 1 0 Z003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBERCOUCH, C~RSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER ~ COUNCILMEMBER PAMELA A. McCARTHY, C~l/IC CITY CLERK and Ex Officio'Clerk of the Council of the City of Bakersfield APPROVED SEP 10 Z003 HARVE~ L. HAI~E' "" / Mayor of the City of Bakersfield/ APPROVED as to form BART J, THILTGEN City Attorney G:\GROUPDAT~ADMINRPT~2003~09-10\Vac Thelma Dr Res.doc EXHIBIT "A" PROPOSED STREET AND ALLEY ABANDONMENT Being a portion of Lots 26 and 35 and of Cypress Avenue and of Lemon Avenue, all vacated, in the Ardizzi-Olcese Company Annex to Kern City in the County of Kern, State of California, as per Map recorded July 16, 1907, in Book 1 Page 102 of Maps, in the Office of the County Recorder of said County; said area being a portion of the SE 1/4 of the NW 1/4 of Section 20, Township 29 South, Range 28 East, M.D.B.& M., also being a portion of a certain street right of way easement deeded to the City of Bakersfield and recorded in Book 134 I, Pages 47 and 48, in the Office of the Kern County Recorder, more particularly described as follows: Beginning at a point in the North Line of Bernard Street, as said Street is shown on the Map of Alta Vista Tract Recorded January 29, 1923, in Book 3 of Maps on Pages 71 and 72, in the Office of the County Recorder of said County, said point being 476.73 feet Westerly from the point of intersection of the North Line of Bernard Street, as shown on the hereinbefore mentioned Ardizzi-Olcese Company Annex to Kern City, with the Western Line of Sonora Street (now Alta Vista Drive) as shown on the hereinbefore mentioned Map of Alta Vista Tract, extended Northeriy; thence North 00' 00'15" East 148.15 feet; thence North 51°35'00" East 341.34 feet; thence North 38°50'30" West I I0.00 feet to a point on the Southeasterly right of way line of Goodman Street; thence South 51'35'00" West along said southeasterly right of way line 59.86 feet; thence along a curved line tangent but in reverse direction to the last described course, concave to the Southeast and having a radius of 20.00 feet, a distance of 31.27 feet; thence South 38°50'30" East, tangent to last described curve, a distance of 80.15 feet; thence South 51°35'00" West 306.09 feet; thence South 00°00'15" West 152.98 feet to a point on the North line of said Bernard Street; thence along said North line South 89°59'45" East 10.00 feet to the point of beginning, containing 0.21 acres of land. No. 153.~9 Exp. ORIGINAL Scole: PROPOSED VACAT BEf~NAt?D TREE T $ TREE T 5 TREE T VACATION OF THELMA DRIVE AND THE 10 FOOT WIDE ALLEY BETWEEN GOODMAN STREET AND BERNARD STREET Exhibit "A" CITY OF BAKERSFIELD CALIFORNIA ENGINEERING DEPARTMENT