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Home My WebLink AboutRES NO 146-92RESOLUTION NO. 146-92 A RESOLUTION ORDERING THE SUMMARY VACATION OF THE UNIMPROVED PORTION OF RIGHT OF WAY FOR COLONY STREET AND ADJACENT DRAINAGE EASEMENT AT THE SOUTH END, IN THE CITY OF BAKERSFIELD. WHEREAS, Chapter 4 of Part 3 of Division 9 of the Streets and Highways Code authorizes the City Council to summarily vacate right-of-way and easements; and WHEREAS, RICKETF, WARD, DELMARTER AND DEIFEL petitioned the Council to vacate the unimproved portion of right of way for Colony Street and adjacent drainage easement at the south end, described in full in Exhibit "A" and depicted in Exhibit "B", attached hereto and incorporated as though fully set forth herein, and WHI~REAS, the subject road right-of-way and drainage easement are eligible for summary vacation on the basis that the street right-of-way excess right-of-way is no longer needed for public street purposes and the drainage easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; WHEREAS, the road right-of-way and drainage easement are unnecessary for present or prospective public road and drainage purposes; and WHI~REAS, The Planning Commission, at it s meeting of June 18, 1992, 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 Bakersfield 2010 General Plan. 3. In accordance with Sections 8333 and 8334 of the California Streets & Highways Code, the unimproved portion of right of way for Colony Street and adjacent drainage easement, described in Exhibit "A" attached hereto and incorporated as though fully set forth herein, are excess right-of-way and easement no longer needed for public street and drainage purposes. 4. The action herein taken is exempt from the requirements of the California Environmental Quality Act because there is no possibility that the action may have a significant effect on the environment. 5. Pursuant to Chapter 4 of Part 3 of Division 9 of the Streets and Highway Code, the above- described right-of-way is hereby vacated and shah no longer constitute a public street. 6. 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. ORIGINAL 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 August 5, 1992 , by the following vote: AYES, COUNCILMEMBERS EDWARDS, DEMOND, SMITH, BRUNN1, PETERSON, MCDERMOTF, SALVAGGIO NOES, COUNCILMEMBERS None ABSENT COUNCILMEMBERS None ABSTAIN COUNCILMEMBERS None CITY CLERK AND EX OFFICIO ~CLERK of the Council of the City of Bakersfield APPROVED August 5, 1992 CLARENCE E. MEDDERS MAYOR of the City o[ Bakcrsfield APPROVED as to form: LAWRENCE M. LUNARDINI '~ ! CITY ATrORNEY of the City of Bakersfield ORIGINAL EXHIBIT "A" Those two (2) parcels of land situated in Section 26, T. 30 S., R. 27 E., M.D.M., City of Bakersfield, Kern County, California, also being portions of parcel 2 and 4 per Parcel Map No. 7622 filed in Book 32 of Parcel Maps at Page 120 int he office of the Kern County Recorder, said parcels being described as follows: PARCEL 1 (PUBLIC STREET RIGHT OF WAY) All of the dedicated public street right of way for Colony Street lying between 525.00 feet south and 1173.20 feet south of the center line of Panama Lane (also being all of said right of way lying within Parcels 2 and 4 of said Parcel Map No. 7622). PARCEL 2 (DRAINAGE EASEMENT) All of the triangular drainage easement adjacent to the south end of above described portion of Colony Street and within Parcel 2 of said Parcel Map No. 7622, per easement recorded in Book 5817, Page 1589, O.R. in the office of the Kern County Recorder. RTY/wrn RES 7892 ORIG:NAL No Scale 175 , ~ 93.09 ' '~ /.20AC ~,"~ ' x ..... ~ 3.9 ~C. y ~ ~ ~ ..... I, ~os, ~ ~5o [ ~zx~ ~/ I ~ ....... ~_._~ 2 9.9~ ~C I ~ VA CA T/ON U/V/T At~XlIV - CDISON - I VACATION OF UNIMPROVED PORTION OF COLONY STREET AND ADJACENT DRAINAGE EASEMENTAND QUITCLAIM OF FUTURE DRAINAGE SUMP SITE. EXHIB IT "B" CITY OF BAKERSFIELD CALIFORNIA ENGINEERING DEPARTMENT Recording requested by and for the benefit cf the C-'try of Bakersfield. MAIL TO, CITY CLERK'S OFFIC1 CiTY HALL 1501 TRUXTUN AVENUE BAKER,SFIELD, CALIFORNIA 93301 BOOK6714 P~C~ #$01480 COOl ROi T14~26 RESOLUTION NO. 146-92 A RESOLUTION ORDERING THE SUMMARY VACATION OF THE UNIMPROVED PORTION OF RIGHT OF WAY FOR COLONY STREET AND ADJACENT DRAINAGE EASEMENT AT THE SOUTH END, IN THE CITY OF BAKERSFIELD. WHEREAS, Chapter 4 of Part 3 of Division 9 of the Streets and Highways Code authorizes the City Council to summarily vacate right-of-way and easements; and WHEREAS, RICKETF, WARD, DELMARTER AND DEIFEL petitioned the Council to vacate the unimproved portion of right of way for Colony Street and adjacent drainage easement at the south end, described in full in Exhibit "A" and depicted in Exhibit "B", attached hereto and incorporated as though fully set forth herein, and WHEREAS, the subject road right-of-way and drainage easement are eligible for summary vacation on the basis that the street right-of-way excess right-of-way is no longer needed for public street purposes and the drainage easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; WHEREAS, the road right-of-way and drainage easement are unnecessary for present or prospective public road and drainage purposes; and WtIEREAS, The Planning Commission, at it s meeting of June 18, 1992, 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 Bakersfield 2010 General Plan. 3. In accordance with Sections 8333 and 8334 of the California Streets & Highways Code, the unimproved portion of right of way for Colony Street and adjacent drainage easement, described in Exhibit "A" attached hereto and incorporated as though fully set forth herein, are excess right-of-way and easement no longer needed for public street and drainage purposes. 4. The action herein taken is exempt from the requirements of the California Environmental Quality Act because there is no possibility that the action may have a significant effect on the environment. 5. Pursuant to Chapter 4 of Part 3 of Division 9 of the Streets and Highway Code, the above- described right-of-way is hereby vacated and shall no longer constitute a public street. 6. 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. 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 August $, :1.992 , by the following vote: AYES, COUNCILMEMBERS EDWARDS, DEMOND, SMITH, BRUNNI, PETERSON, MCDERMOTT, SALVAGGIO NOES, COUNCILMEMBERS None ABSENT COUNCILMEMBERS None ABSTAIN COUNCILMEMBERS None CITY CLERK AND EX OFFICIO ffaLERK of the Council of the City of Bakersfield APPROVED August 5, 1992 CLARENCE E. MEDDERS MAYOR of lhe City of Bakersfield APPROVED as to form: LAWP, ENCE M. LUNARDINI ~ / CITY ATFORNEY of the City of Bakersfield 928 EXHIBIT "A" Those two (2) parcels of land situated in Section 26, T. 30 S., R. 27 E., M.D.M., City of Bakersfield, Kern County, California, also being portions of parcel 2 and 4 per Parcel Map No. 7622 filed in Book 32 of Parcel Maps at Page 120 inl he office of the Kern County Recorder, said parcels being described as follows: PARCEL I (PUBLIC STREET RIGHT OF WAY) All of the dedicated public street right of way for Colony Street lying between 525.00 feet south and 1173.20 feet south of the center line of Panama Lane (also being all of said right of way lying within Parcels 2 and 4 of said Parcel Map No. 7622). PARCEL 2 (DRAINAGE EASEMENT) All of the triangular drainage easement adjacent to the south end of above described portion of Colony Street and within Parcel 2 of said Parcel Map No. 7622, per easement recorded in Book 5817, Page 1589, O.R. in the office of lhe Kern County Recorder. RES 7892 ~oo~6714 PACE 929 9J. 09 ' L AWE-- MAP ~ 6698 .~5o I ' ~! r ,/. _, , ~a~a~ ~~ _ PROPOSED rMuruo~u~ ~?: /~OUITCLAIM ' '~Tl~AI~ ~ ~ ( (FUTURE ~ DRAINAGE -~}' ~ ~ , , q , ~v/N - [D/SON - c~~ VACATION OF UNIMPROVED PORTION OF AND ADJACENT DRAINAGE EASEMENT OF FUTURE DRAINAGE SUMP SITE. COLONY STREET AND QUITCLAIM EXHIB IT "B" CITY OF BAKERSFIELD CALIFORNIA ENGINEERING DEPARTMENT O A"r't 5/28/92