HomeMy WebLinkAboutRES NO 168-04Recording 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 ot
Public
Doc#: 0204097391
RAWSONM
4/20/2004
2:00 PM
Stat Types: 1 Pages: 6
Fees 0.00
Taxes 0.06
Others O.O0
PAID $0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
RESOLUTION NO 168-04
A RESOLUTION ORDERING THE VACATION OF BRITE STREET ON THE EAST
SIDE OF OLEANDER AVENUE
THiS DOCUMENT IS BEING RERECORDED BECAUSE DESCRIPTION ON HEAD PAGE
WAS NOT CORRECT.
ORIGINAL
Recording 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 TELFORDT
Kern County Officia~ Records 4/18/2004
11:48 AM
Recorded at the request of
Public
~oc#: 0204085991
Stat Types: 1 Pages: 5
Fees 0.00
Taxes 0.00
Others 0.00
PAID $0.60
RESOLUTION NO. 168-04
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ORIGINAL
RESOLUTION NO. 1 6 8 - 0 4
A RESOLUTION ORDERING THE VACATION OF
BRITE STREET ON THE EAST SIDE OF OLEANDER AVENUE
WHEREAS, on WEDNESDAY, MARCH 10, 2004, 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. 1329 declaring its intention to order the vacation of Brite Street on the east side of
Oleander Avenue 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, April '14, 2004, 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 15061 (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 February 19, 2004, 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 Brite Street on the east side of
Oleander Avenue 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. A nonexclusive easement shall be reserved for public utilities purposes
and for City sewer main purposes in, under, over and upon the entire above described
public street right of way area and full access for utilities shall be maintained to the
greatest extent possible.
4. An access easement to the State of California for freeway maintenance
purposes shall also be reserved over the above described vacating area.
G:\GROUPDAT~ADMINRP~2004\04-14\Vac Bdte St E of Oleander Res.doc
5. 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.
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.
............... oOo ...............
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
ApI~ ~. 4 2004 by the following vote:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHArvl, HAGGARD, HANSON, SULLIVAN, SALVAGG[O
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCARTHY, ~
CITY CLERK and Ex OfficioVA'Clerk of the
Council of the City of Bakersfield
APPROVED APR 1 4:2004
HARVEY L. HALL /
Mayor of the City of Bakersfie~l
APPROVED as to form
VIRGINIA GENNARO
City Attorney
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ORIGINAL
EXHIBIT "A"
BRITE STREET EAST OF OLEANDER AVENUE
That parcel of land being a portion of the northeast 1/4 of Section 1, T. 30 S., R. 27 E., M.D.M.,
City of Bakersfield, County of Kern, State of California, also being a portion of that right of way
for Brite Street conveyed to the City of Bakersfield by the State of California by Relinquishment
No. 79373 filed for record in Book 5045, Page 261, Official Records, in the office of the Kern
County Recorder, said portion being more particularly described as follows:
Commencing at the point of intersection of the center line of Oleander Avenue and the south
right of way line of Brite Street per said State Relinquishment;
Thence S 89°04'13'' E, along said south right of way line, 30.00 feet to intersect the east right of
way line of Brite Street, said point being the True Point of Beginning;
Thence (1) N 00053'48'' E, 54.00 feet to intersect the north right of way line of Brite Street;
Thence (2) S 89°04'13'' E, along said north right of way line, 133.44 feet;
Thence (3) S 44°04'13" E, along said north right of way line, 56.57 feet to meet the east line of
said right of way;
Thence (4) S 00055'47'' W, along said east right of way line, 14.00 feet to meet the south right of
way line of Brite Street;
Thence (5) N 89°04'13" W, along said south right of way line, 173.41 feet to the True Point of
Beginning.
G:\GROUPDAT~Ron~2004\EXHIBIT A - Vac Brite St E of Oleander.doc
ORIGINAL
r
SE VEL T S TREE T
ROUTE S8 FREEWAY
GO' 40'
VACATION OF BRITE STREET ON THE EAST SIDE OF
OLEANDER AVENUE.
(Erin ~U~. C~I~NIA ENGINEERING DEPARTMENT CHECKED 0R/GIJ