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OR~3~.
RESOLUTION NO. 6 ' 0 0
A RESOLUTION ORDERING THE VACATION OF
EXCESS ROAD RIGHT OF WAY ON THE EAST SIDE OF OSWELL STREET,
SOUTH OF FREEWAY 178 IN THE CITY OF BAKERSFIELD.
WHEREAS, on WEDNESDAY, DECEMBER 15, 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.
1210 declaring its intention to order the vacation of excess road right of way on the east
side of Oswell Street, south of Freeway 178 in the City of Bakersfield more particularly
described in Exhibit "A" attached hereto and made a part hereof; 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, January 12, 2000, 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 could have a significant effect on the environment, and
WHEREAS, at its meeting on November 4, 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 3
The, excess road right of way on the east side of Oswell Street, south of
Freeway 178, 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 sewer lines purposes
in and under, the north 20.47 feet of the above described street right of way
area being that area described in said Exhibit "A".
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 1210,wpd
Page 2 of 3
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
J~N 12 2000 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON DEMOND, MAGGARD, COUCH, ECWL~-~ SULLIVAN, SALVAGGIO
COUNClLMEMBER ~t (3'~,,[ ~-
COUNCILMEMBER F~ <St,~ ~
COUNCILMEMBER ~;~ <3 ~.3 L.~.~
CITY CLERK and Ex Officio Cl~l~ of the
Council of the City of Bakersfield
APPROVED
BOB PRlU~
MAYOR of the City of Bakersfield
APPROVED as to form:
~By: ~ ~
:ITY ATTORNEY'S OFFICE of the City of Bakersfield
Page 3 of 3
EXHIBIT "A"
OSWELL STREET EXCESS RIGHT OF WAY
That strip of land being a portion of the northwest 1/4 of Section 23, T. 29 S., R. 28 E., M.D.M.,
City of Bakersfield, County of Kern, State of California, more particularly described as follows:
Commencing at a point on the west line of said Section 23, distant S 00 ° 03' 16" W, 1318.09 feet
from the northwest comer thereof, said point also being a point on the south line of Parcel 4 of
that right of way relinquished to the City of Bakersfield by the State of California per
Relinquishment Request No. 75649, filed for record in Book 4420, Page 468, Official Records,
in the office of the Kern County Recorder;
Thence S 89° 56' 44" E, along the south line of said Parcel 4, a distance of 55.00 feet to the
TRUE POINT OF BEGINNING;
Thence continuing S 89° 56' 44" E, 20.00 feet to the southeast comer of said Parcel 4;
Thence N 02° 51' 07" E, along the east line of said Parcel 4, a distance of 154.00 feet;
Thence N 89° 56' 44" W, along the boundary of said Parcel 4, a distance of 20.00 feet;
Thence S 02° 51' 07" W, 154.00 feet to the TRUE POINT OF BEGINNING.
Containing 3,076.33 square feet
G:\GROUPDA'I~Ron\O~well St excess right of way Exhibit A.wpd
$ TA TE ROUTE 178
PROPOSED
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THE VAOATION OF EXOES8 ROAD RIGHT ~F WAY ON THE EAST
81DE OF O~WELL STREET ~OUTH OF STATE FREEWA~ ~78.
.~co...* ,. ClH OF BAKERSFIELD
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