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Home My WebLink AboutRES NO 185-99PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: CITY OF BAKERSFIELD WHEN RECORDED MAIL TO: CITY CLERK 1501TRUXTUN AVENUE BAKERSFIELD, CA 93301 James Maples,Assessor-Recorder Kern County Of~iclal Records DOCUMENT #:0201030036 JASON Pages: 8 3/88/2881 8:08:00 Taxes Other TOTAL PAID Stat. Type~: I THIS SPACE FOR RECORDER'S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) RESOLUTION NO. 185-99 TITLE OF DOCUMENT NOTE: RESOLUTION IS RE-RECORDED FOR CORRECTION OF EXHIBIT "A" ATTACHED TO SAID RESOLUTION. R~t.t~o z70~ 1~0 I~, e~4} ORIGIN,~' RECORDING REQUESTED BY WHEN RECORDED MAIL TO AND UNLESS OTHERWISE STATED BELOW, MAIL TAX STATEMENTS TO: City Clerk 1501 Truxtun Avenue Bakersfield, CA 93301 James Maples,Assessor-Recorder Kern County Official Records DOCUMENT #:0199180511 JASON Pages: 7 !2/22/1999 8:00:00 Other . TOTAL PAID Stat Types: This page has been added to provide adequate space for recording information (Addilional recording fbes apply) Resolution RESOLUTION NO. ]' 8 5 ' ~ 9 A RESOLUTION ORDERING 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 IN THE CITY OF BAKERSFIELD. WHEREAS, on WEDNESDAY, NOVEMBER 17, 1999, 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. 1209 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 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, December 15, 1999, after notices of said hearing were duly published and posted as required by law. 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 proposed vacation was duly heard and considered by the Planning Commission and was found to be consistent with the Metropolitan Bakersfield General Plan; and 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. Page 1 of 4 The public street right of way for Ramsgate Way, Eagle Crest Drive and Pdnceville Court in Tract No. 5291 for conversion to a gated community, more particularly described in Exhibit "A" attached hereto and made a part hereof, is unnecessary for present or prospective use for public street purposes and is hereby vacated subject to the conditions enumerated herein. 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 in said Exhibit "A'. City maintained facilities, within said vacating area, such as sewer and storm drain facilities, street lights, street signs, pavement, curb and gutter, and sidewalks shall be privately maintained upon adoption and recordation of this resolution. 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. 5291, 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. Interior street lights shall be removed from City street light system. Page 2 of 4 ORIG~A! City Fire service and refuse collection shall be provided satisfactory access through locked entrance gates by a method approved by those departments. 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 upon compliance with those items listed above in item 6. ......... 000 ......... G:~GROUPDAT~RESOLUTI\1999\Resolution 1209 Tr 5291 .wpd Page 3 of 4 L)RIGIflA! I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Bake~r~,ie!~ q~regular meeting thereof held on , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ~,C;'.'Lr'C, SULLIVAN, SALVAGGIO COUNCILMEMBER ~ O~ ~ COUNClLMEMBER I,J o ~ ~. COUNCILMEMBER ~,Q~..~ CITY CLERK and Ex Officio Cle~ of the Council of the City of Bakersfield APPROVED DEC 15 t999 BOB~ISI~ICE MAYOR of the City of Bakersfield APPROVED as to form: BART J. THILTGEN CITY ATTORNEY'S OFFICE of the City of Bakersfield Page 4 of 4 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 fried for record in Book 39 of Maps, Page 93, in the office of the Kern County Recorder. Ramsgate Way being bounded westerly by the line described as follows: Commencing at the southeast comer 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. Eagle Crest Drive being bounded southwesterly by the line described as follows: Commencing at the most northerly comer of Lot 15 of said Tract No. 5291, said comer 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+1-~..8-2- feet and central angle ofq'~a't-P-46a; 89.25 09° 38' 55"; 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. (:IqI~NAL ~0. ~2~ ~OR ~O~V~R~IO~ TO ~ ~O~l~. .~o...~ .*-- Cl~ OF BAKERSFIELD O*T, ~/~%~: '" ~ *~ '*;~ CALIFORNIA =~w. ~.v. KERN COUP. CALI~NIA ENGINEERING DEPA~MENT