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Home My WebLink AboutRES NO 298-04Recording 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 Reoorded at the request o! Public oo c#: 0204305589 $0FIR 12110/2004 2:00 PM Stat Types: 1 Pages: Fees 0.00 Taxes 0.00 Others 0.00 PAIO $0.06 RESOLUTION NO. 298-04 A RESOLUTION ORDERING THE SUMMARY VACATION OF A DEDICATED DECELERATION LANE ALONG WILSON ROAD WEST OF SOUTH REAL ROAD. ORIGINAL 298-04 RESOLUTION NO. A RESOLUTION ORDERING THE SUMMARY VACATION OF A DEDICATED DECELERATION LANE ALONG WILSON ROAD WEST OF SOUTH REAL ROAD WHEREAS, Chapter 4, Article 2, Section 8335 of the Streets and Highways Code authorizes the City Council to vacate certain streets, highways or public service easements by adoption of a Resolution of Vacation; and WHEREAS, Derrel's Mini Storage, Inc. has petitioned the Council for the summary abandonment of a dedicated deceleration lane along Wilson Road west of South Real Road more particularly described in Exhibit "A" attached hereto and made a part hereof; and WHEREAS, the subject street right of way has never been paved or improved s~nce being granted to the City of Bakersfield on February 1, 1994; and WHEREAS, the subject public street right of way is eligible for summary vacation on the basis that the right of way has not been used for the purpose for which it was acquired and has been determined to be excess street right of way not required by the City for street purposes; and WHEREAS, The Planning Commission, at its meeting on May 20, 2004, considered and found that the proposed vacation is consistent with the Metropolitan Bakersfield 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. The proposed vacation is consistent with the Metropolitan Bakersfield General Plan. In accordance with Section 8333 (a) of the California Streets & Highways Code, the public street right of way in the City of Bakersfield described more particularly in said Exhibit "A", has been determined to be excess right of way of a street or highway not required for street or highway purposes and therefore may be summarily vacated by the legislative body. A nonexclusive easement shall be reserved for public utilities purposes in, under, over and upon the entire above described right of way area (per attached Exhibit "A") and full access for utilities shall be maintained to the greatest extent possible. G:\GROUPDAT~DhilIon\2004\Wilson Road west of S Real Rt tum pocket\Res Vac Decel Ln at Wilson Rd.doc - I - ~ORIGINA? The action herein taken is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061(b)(3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. 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. Pursuant to Chapter 4, Article 2, Section 8335 of the Streets and Highways Code, the above-described public street right of way is hereby vacated and from the date of recordation of this Resolution shall no longer constitute public road right of way. 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. .......... 000 .......... G:\GROUPDAT~Dhillon~2004\Wilson Road west of S Real Rt turn pocket\Res Vac Decel Ln at Wilson Rd.doc - 2 - 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 um~ ~ ~ ,n,~, by the following vote: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTH~MC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED NOV 1 ? 2004 ICE Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney G:\GROUPDAT1Dhillon\2004\Wilson Road west of S Real Rt turn pocket\Res Vac Decel Ln at Wilson Rd.doc -3- EXHIBIT "A" VACATION OF A DEDICATED DECELERATION LANE ALONG WILSON ROAD WEST OF SOUTH REAL ROAD Abandonment of a dedicated deceleration lane along Wilson Road west of South Real Road more particularly described as follows: That portion of the northeast quarter of Section 11, T. 30S., R. 27E., M.D.B.M., City of Bakersfield, County of Kern, State of California, described by deed for Street Right of Way, recorded March 11, 1994 in Book 7002, Page 85 of Official Records, at the County of Kern Recorder's Office. G:\GROUPDA'/~D[-.i! ::%~.00~\WiJsc; P, osd '.'.est ;,; S Real Rt turn pocket',E,x~ibit A.doc m ORIGINAL. ~ PARCEL MAP 5179 ~ I.5' WIDE CITY OF · C~ NORTH ~ BAKERSFIELD I N ~ ROAD EASEMENT PROPOSED I --~ALLEYPARCEL 2 -- VACATION I ~ll I PARCEL MAP ~ PARCEL 3 I , 5179 i PARCEL MAP I ~ ~ ~ WILSON ROAD JO' 30' ORIGINAL .~oo..~. ,o_ CITY OF BAKERSFIELD DATE omc~A..~co.~s o~ CALIFORNIA ENGINEERING DEPARTMENT KERN COUNTY, CALIFORNIA