HomeMy WebLinkAboutRES NO 160-05
City Clerk
CITY OF BAKERSFIELD
1501 Truxtun Avenue
Bakersfield, CA 93301
James W. Fitch Assessor - Recorder JASON
7/21/2005
Kern CounlY Official ~ecords 8:38 AM
Recorded at the request 01
Public
DOC#: 0205190685 Stat Types: 1 Pages: 6
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Recording Requested by:
and for the benefit of
CITY OF BAKERSFIELD
And When Recorded Mail to:
RESOLUTION NO. 160-05
A RESOLUTION ORDERING THE V ACA TION OF THE STREET
RIGHT OF WAY AT THE SOUTHWEST CORNER OF
TRUXTUN AVENUE AND COMMERCIAL WAY
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RESOLUTION NO. 1 6 0 - 0 5
A RESOLUTION ORDERING THE VACATION OF
THE STREET RIGHT OF WAY AT THE SOUTHWEST CORNER OF
TRUXTUN AVENUE AND COMMERCIAL WAY
WHEREAS, on WEDNESDAY, June 8, 2005, 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. 1383 declaring its intention to order
the vacation of the excess street right of way at the southwest corner of Truxtun Avenue and
Commercial Way 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, July 6, 2005,
after notices of said hearing was 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 May 5, 2005, the proposed vacation was duly heard and
considered by the Planning Commission and was found to be consistent with the Metropolitan
Bakersfield 2010 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 the excess street right of way at the southwest
corner of Truxtun Avenue and Commercial Way in the City of Bakersfield, County of Kern, State
of California, more particularly described in Exhibit "A" and shown in Exhibit "B" attached hereto
and made a part hereof by this reference.
3. City maintained facilities, 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.
4. There is no condition for completion for the said street vacation, pursuant to Section
8324(b) of the Streets and Highways Code of the State of California.
June 27. 2005. 2:54PM
S:\Street Vacations\COMMERCIAL WAY-TRUXTUN AVE\ROI1383 Admin-final hearingdoc.doc
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5. 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.
---------------()()()---------------
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
JUt 62005 by the following vote:
CiiiS)
NOES:
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COUNCILMEMBER COUCH. CARSON, BENHAM. MAGGARD. HANSON. SULLIVAN. SCRIVNER
COUNCILMEMBER
C()UNCILMEMBER ~
COUNCILMEMBER """'f'{\ C.V--.J\
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CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
HAR E L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
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June 27, 2005. 2:54PM
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Page 3 of3
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EXHIBIT "A"
A parcel of land being a portion' of the northeast 1/4 of Section 34, Township 29 South, Range 27 East,
Mount Diablo Base & Meridian, City of Bakersfield, County of Kern, State of California, more
particularly described as follows:
Commencing at the northwesterly corner of Parcel I, per Parcel Map 7092, filed in Book 30 of Parcel
Maps, at page 79, in the Office of the County Recorder of the County of Kern;
Thence South 44° 27' 43" East, along the Southwesterly line of said Parcell, a dislance of25.00 feet, to
THE TRUE POINT OF BEGINNING;
Thence (I) Departing from said property line, North 45° 32' 17" East, a distance of 44.50 feet;
Thence (2) North 32° 46' 56" East, a distance of 49.82 feet;
Thence (3) North 45° 32' 17" East, a distance of 65.09;
Thence (4) South 89° 27' 43" East, a distance of 13.88 feet;
Thence (5) South 44° 27' 43" East, a distance of 145.18 feet;
Thence (6) South 20° 18' 51" East, a distance of 11.00 feet;
Thence (7) South 44° 27' 43" East, a distance of 19.93 feet;
Thence (8) South 68° 36' 35" East, a distance of 11.00 feet;
Thence (9) South 44° 27' 43" East, a distance of 26.00 feet to a poinl on the Southeaslerly
property line of said Parcel I;
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June 15. 2005, 2:01 PM
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Thence (10) South 45° 32' 17" West, on and along said Southeasterly property line, a distance of 13.00
feet, to a point on t1\.e Southwesterly right of way line of Commercial Way per Street Right
of Way Deed, filed in book 5753, at pages 795-797, in the County Recorder's Office of the
County of Kern;
Thence (II) North 44° 27' 43" Wesl, on and along said right of way line, a distance 205.00 feet, to a
point on the Southeasterly right of way line of Truxtun Avenue per said Street Righi of
Way Deed;
Thence (12) South 45° 32' IT' West, on and along said Southeasterly right of way line, a distance of
155.00 feet, to poinl on Ihe Southweslerly property line of said Parcell;
Thence (13) North 44° 27' 43" West, on and along said Southwesterly property line, a distance of 5.00
feet, 10 THE TRUE POINT OF BEGINNING;
Containing 4,413.23 square feet (more or less)
END OF DESCRIPTION
June 15. 2005, 2:01 PM
Q:\Street Vacations\COMMERCIAL WAY·TRUXTUN AVE\ROI1383 Admin-final hearingdoc.doc
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