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HomeMy WebLinkAboutRES NO 65-92RECOR~INO REQUESTED BY & ~IL TO CITY CLERK'S OFFICE CITY OF BAKERSFIELD 1501 Truxtun Avenue Bakersfield, CA 93301 6666 1992 APR 282; O0 .00 F~EE R£C .00 ~2~180 COOl ROI T15:16 RESOLUTION NO. 65-92 A RESOLUTION ORDERING THE SUMMARY VACATION OF A PORTION OF THE MERCY WAY RIGHT-OF-WAY (MERCY HOSPITAL SOUTHWEST PRIVATE ENTRANCE ROAD) 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 summari.ly vacate rights-of-way; and WHEREAS, THE City of Bakersfield has received a petition to the Bakersfield City Council to vacate the excess right-of-way for Mercy Way (entrance to Mercy Hospital Southwest), 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 is eligible for summary vacation on the basis that the street right-of-way is excess right-of-way no longer needed for public street purposes; and WHEREAS, the road right-of-way is unnecessary for present or prospective public road purposes; and W~EREAS, the Planning Commission, at its meeting of April 2, 1992, considered and found that the proposed vacation is consistent with the General Plan of the City of Bakersfield. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: correct. 1. All the foregoing recitals are found to be true and 2. The proposed vacation is consistent with the General Plan of the City of Bakersfield. 3. In accordance with Section 8334 of the California Streets & Highways Code, the summary vacation of a portion of the Mercy Way right-of-way, described in Exhibit "A" attached hereto and incorporated as though fully set forth herein, is excess right-of-way no longer needed for public street purposes. - 1 - 1355 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 Highways 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. .......... o0o .......... - 2 - 6666 PAC£ 1359 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 APR 2 2 1992 , by the following vote: CITY~E/~R~K and EX OFFICIO CLERK of the Council of the City of Bakersfield APPROVED APR 2 2 1992 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield EWS/RY/dwh SUMMARY.VAC\ RT-OF-WY.VAC 4/13/92 Attachments Exhibit "A" Exhibit "B" - 3 - 6666 1361 EXHIBIT "A" LEGAL DESCRIPTION FOR STREET RIGHT-OF-WAY VACATION: ALL THAT PORTION OF THAT CERTAIN STREET RIGHT-OF-WAY DEED GRANTED TO THE CITY OF BAKERSFIELD AS RECORDED IN BOOK 6343 AT PAGE 444, OFFICIAL RECORDS IN THE OFFICE OF THE KERN COUNTY RECORDER. ALSO BEING A PORTION OF SECTION 6, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID STREET RIGHT-OF- WAY DEED; THENCE ALONG SAID STREET RIGHT-OF-WAY LINE, THE FOLLOWING FIVE (5) COURSES: 1) 2) 3) 4) 5) FROM SAID SOUTH 14°23'25" EAST, 50.00 FEET; THENCE SOUTH 75036'35" WEST, 20.79 FEET; THENCE SOUTH 14023'25" EAST, 50.00 FEET; THENCE SOUTH 75°36'35" WEST, 14.83 FEET; THENCE SOUTH 37042'32" WEST, 14.11 FEET; THENCE DEPARTING RIGHT-OF-WAY LINE, NORTH 02°57'17" WEST, 118.97 FEET TO A POINT ON SAID RIGHT-OF-WAY LINE; THENCE ALONG SAID RIGHT-OF-WAY LINE, THE FOLLOWING TWO (2) COURSES: 1) SOUTH 53052'48" EAST, 10.29 FEET; THENCE 2) NORTH 75°36'35" EAST, 16.62 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 2522 SQUARE FEET. RESERVING THEREFROM A NONEXCLUSIVE EASEMENT AND RIGHT-OF-WAY FOR PUBLIC UTILITIES AND CITY TRAFFIC SIGNAL FACILITIES, TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR, RECONSTRUCT, CHANGE THE SIZE OF OR REMOVE PIPELINES, CONDUITS, CABLE, WIRES, POLES OR ANY OTHER STRUCTURES, FIXTURES OR EQUIPMENT, IN, UNDER, ACROSS, OVER AND UPON THAT PORTION OF THE HEREINABOVE DESCRIBED STREET RIGHT-OF-WAY VACATION, DESCRIBED AS FOLLOWS: BEGINNING AT THE HEREINABOVE DESCR/BED POINT OF BEGINNING; THENCE SOUTH 14°23'25" EAST, 40.00 FEET; THENCE SOUTH 75036'35" WEST, 27.00 FEET; THENCE SOUTH 14°23'25" EAST, 60.00 FEET; THENCE SOUTH 75°36'35" WEST, 8.62 FEET; THENCE SOUTH 37~42'32" WEST, 14.11 FEET; THENCE NORTH 02°57'17" WEST, 118.97 FEET; THENCE SOUTH 53°52'48" EAST, 10.29 FEET; THENCE NORTH 75036'35" EAST, 16.62 FEET TO THE POINT OF BEGINNING. CONTAINING 1942 SQUARE FEET. ~ ,oK 6666 P~oE 1362 UNE I DIRECTION ] DISTANCE L1 N 14'23'25'W 50.00 L?. $75'36'35'W 20.79 L3 Sl 4'23'25' E 50.00 L4 S7~36'35'W 14,.83 ~ ~3~2,~.~ ~,,.,, ~ EXHIBIT B L6 S0'2'57" 17' E 118.97 L7 S53'52'48' E 10.29 L8 N75'36'35" E 16.62 BASIS OF BEARINGS: ALL BEARINGS AND DI51'ANCES ARE RECORD ~ ~ I , I OR CALCULATED FROM RECORD FROM PARCEL ;VIAP NO. 9329 FILED IN PARCEL MAP BOOK 43, AT PAGES 76 AND 77 IN THE OFF1CE OF  ~, THE KERN COUNTY RECORDER. AREA OF VACATlON ~ '2 EXISTING RIGHT-OF-WAY PER - ', ~ / BOOK 6343. PAGE '..,% O.R. ~ ~ o · .... -,. --