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HomeMy WebLinkAboutRES NO 131-03Recording 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 Kern County Official Records Recorded at the request o! Public Doc#: 0204079690 PATTI 4/09/2004 9:50 AM 8tat Types: 1 Pages: ~ Fees 0.00 Taxes 0.00 Others 0.00 PAiD $0.00 RESOLUTION NO. 131-03 A RESOLUTION ORDERING THE VACATION OF CAMINO GRANDE DRIVE ALONG THE NORTH SIDE OF THE BEAR MOUNTAIN COGENERATION PLANT RESOLUTION NO. I 3 I ' 0 3 A RESOLUTION ORDERING THE VACATION OF CAMINO GRANDE DRIVE ALONG THE NORTH SIDE OF THE BEAR MOUNTAIN COGNERATION PLANT WHEREAS, on WEDNESDAY, JANUARY 29, 2003, the Council of the City of Bakersfield, pursuant to the provisions of the "Public Streets, Highways and Service Easements Vacation Law," Government Code Sections 8300 et seq. of the Streets and Highways Code of the state of California, passed and adopted Resolution of Intention No. 1289 declaring its intention to order the vacation of Camino Grande Drive along the north side of the Bear Mountain Cogeneration Plant in the City of Bakersfield; and WHEREAS, the Council did fix a time and place for hearing all persons interested in or objecting to said proposed vacation, which hearing was held on Wednesday, March 12, 2003 and continued to Wednesday, April 30, 2003 and subsequently continued to Wednesday, July 9, 2003, after notices of said hearing were duly published and posted as required by law; and WHEREAS, for the above-described project, it was determined that the proposed vacation is exempt from CEQA, pursuant to Section 1561 (b) (3) of CEQA Guidelines (General Rule) in that there is no possibility that the proposed vacation could have a significant effect on the environment; and WHEREAS, at its meeting on August 3, 2000, the proposed vacation was duly heard and considered by the Planning Commission and was found to be consistent with the Metropolitan Bakersfield 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. 2. The Council hereby orders the vacation of Camino Grande Drive along the north side of the Bear Mountain Cogeneration Plant in the City of Bakersfield, County of Kern, State of California, more particularly described in Exhibit "A" attached hereto and made a part hereof by this reference. 3. Easement rights shall be reserved over the above described strip of land as follows: G:~GROUPDAT~ADMINRPT~2003\07-09\Vacation Camino Grancie Res.doc A. An easement for public utilities purposes shall be provided over the above described strip. B. Access for fire protection, police services and all emergency services shall be provided over the above described strip. C. Access for County vehicles, City municipal services and vehicles necessary for plant operation shall be provided over the above described strip. D. An easement for City bike path purposes shall be provided over the above described strip. 4. All of the above described public street right of way (per attached Exhibit "A") is unnecessary for present or prospective use for public street purposes and is hereby vacated subject to the conditions enumerated herein. 5. As a condition of the 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 following item is completed: El Paso Corporation and the City of Bakersfield shall enter into a Maintenance Agreement covering El Paso's payment contribution for road maintenance and their access rights. Said Agreement shall be approved and signed by all necessary parties. 6. The City Clerk shall certify to the passage of this Resolution and shall cause a certified copy hereof, attested by the Clerk under seal of the City, to be recorded in the Office of the County Recorder of the County of Kern, California. ............... 000 ............... -2- ORdINAl 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 JUL 9 2003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, HAGGARD, HANSON, SULLIVAN, SALVAGG[O COUNCILMEMBER COUNCILMEMBER r'-~.~ ~'J~-~ COUNCILMEMBER ~ PAMELA A. McCART..H..Y. ,~M~.C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUL 9 ZOO:] HARVEY L. HALL / Mayor of the City of Bakersfield APPROVED as to form BART J. THILTG~N City Attorney / -3- ©RIGINA& EXHIBIT "A' All that portion of the north half of the southwest quarter of Section 12, Township 29 South, Range 28 East, MD.M more particularly described as follows: The north 45.00 feet of Parcel "A" of Parcel Map No. 10053 filed for record in Book 46 of Parcel Maps at Page 174 in the Office of the Kern County Recorder. Said road right of way accepted by the City of Bakersfield as part of Offer of Dedication filed for record September 2, 1994, as Document No. 130917 in the Office of the Kern County Recorder. G:~GROU PDAT~DMINRPT~003~01-2~RESOLUTION 1289.d0c -. /-3 'T. 29R. 28E. SCHOOL DIST. 56-,.f'$ 436- {o~ /- 77 I20A ¢. ~C ~ ~ 63:0a,4C /5 AC. ~ ~ ~. ~OAC ~ 155 ~ &80~' THE VACATION OF CAMINO G~NDE DRIVE ALONG THE NORTH SIDE OF THE BEAR MOUNTAIN COGENE~TION PLANT IN SECTION 12, T. 29 S., R. 28E., M.D.M. .~=o.~=~,. Cl~ OF BAKERSFIELD '" =~ ~' '*" CALl FORN IA OFFICIAL RECORDI OF ~WN x~.. coup. C~WO~N~ ENGINEERING DEPARTMENT