HomeMy WebLinkAboutRES NO 154-99Recording requested by
and for the benefit of the
CITY OF BAKERSFIELD
WHEN RECORDED MAIL TO:
CITY OF BAKERSFIELD
CITY CLERK
1501 TRUXTUN AVENUE
BAKERSFIELD 93301
James Maples,Assessor-Recorder
Kern County Officlal Records
DOCUMENT #: 0200013690
JASON
Pages: 7
2/04/2000
8:00:00
Other
TOTAL
PAID
Stat Types:l
RESOLUTION NO. 154-99
A RESOLUTION ORDERING THE VACATION OF THE PUBLIC STREET RIGHT OF
WAY FOR CORMIER DRIVE, REDBRIDGE WAY, SOUTHPORT GLEN AND
CLAIRIDGE COURT IN TRACT NO. 5428 IN THE CITY OF BAKERSFIELD
RESOLUTION NO..1 .~ 4" 9 9
A RESOLUTION ORDERING THE VACATION OF
THE PUBLIC STREET RIGHT OF WAY FOR CORMIER DRIVE, REDBRIDGE WAY,
SOUTHPORT GLEN AND CLAIRIDGE COURT IN TRACT NO. 5428 IN THE CITY OF
BAKERSFIELD.
WHEREAS, on WEDNESDAY, SEPTEMBER 22, 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.
1204 declaring its intention to order the vacation of the public street right of way for
Cormier Drive, Redbridge Way, Southport Glen and Clairidge Court in Tract No. 5428 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, October 20, 1999, after notices of said hearing were duly published and
posted as required by law.
WHEREAS, for tile 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 August 5, 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:
The above recitals are true and correct and are incorporated herein.
The public street right of way for Cormier Drive, Redbridge Way, Southport
Glen and Clairidge Court in Tract No. 5428, more particularly described in
Page 1 of 4
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 faoilities, 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
bee~ executed by all property owners within Tract No. 5428,
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
f. City Fire service and refuse collection shall be provided
satisfactory access through locked entrance gates by a
method approved by those departments.
Page 2 of 4
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.
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Page 3 of 4
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
OCT 2 0 1~]~]~) , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CAF~SON. DEMOND. M~. COUCH, ,,%~¢:L"'S. SULLIVAN. SALVAGGIO
COUNCILMEMBER I~ O~ ~
COUNCILMEMBER_ ~"-]~) ~qF~.
COUNCILMEMBER ~'¥~C--~-~,~.,O, ~O~.4L..E..5
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
OCT 20 1999
,,// .' //,~ ,¥ ,' ,
BOB PRtC~E /~ ~ ~
MAYOR of the City of Bakersfield
APPROVED as to form:
,/
By: t
BART J. THILTGEN
CITY ATTORNEY'S OFFICE of the City of Bakersfield
Page 4 of 4
OPE:;~Ai
EXHIBIT"A"
All of the public street right of way for Cormier Drive, Redbridge Way, Southport Glen and
Clairidge Court in Tract No. 5428, per map filed for record in book 40 of maps, page 34, in the
office of the Kern County Recorder.
Cormier Drive being bounded northerly by the line described as follows:
Commencing at the most southerly comer of Lot 1 of said Tract No. 5428;
Thence N 30° 57' 29" W, along the west line of said Lot 1, a distance of 96.46 feet to an angle
point thereon, and the Tree Point of Beginning;
Thence S 59° 53' 48" W, 60.01 feet to the northeast comer of Lot 34 of said Tract No. 5428 and
the Point of Termination.
Redbridge Way being bounded westerly by the line described as follows:
Commencing at the southeast comer of Lot 24 of said Tract No. 5428;
Thence S 77 ° 44' 01" W along the south line of said Lot 24, a distance of 94.82, feet to an angle
point thereon, and the Tree Point of Beginning;
Thence S 12 o 15' 59" E, 60.00' feet to the northeast comer of Lot 23 of said Tract No. 5428 and
the Point of Termination.
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VACATION OF PUBLIC ST~ET ~GHT OF WAY FOR CO~IER
D~ ~DB~DGE WAY~ SOUT~ORT GLEN ~ CL~DGE CO~T
IN T~CT NO. 5428
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