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Home My WebLink AboutRES NO 239-05 Recording Requested by: and for the benefit of CITY OF BAKERSFIELD And When Recorded Mail to: James W. Fitch,, Assessor- Recorder Kern County Oflicialllecords Recorded allhe request of Public DOC#: 0206003087 StIlt Type.: 1 City Clerk CITY OF BAKERSFIELD 1501 Truxtun Avenue Bakersfield, CA 93301 Fee. Taxe. Othar. PAID RESOLUTION NO. 239-05 A RESOLUTION ORDERING THE VACATION OF THE RIGHT OF WAY FEEMSTER STREET AND DEMAREE AVENUE WITHIN PARCEL MAP NO. 4386, COUNTY OF KERN, ST ATE OF CALIFORNIA SABRINA 1/05/2 006 1:44 PM Page.: 5 0.00 0.00 0.00 $0.00 ~ ~A/(~~ () ij'> :>.. "" I- iñ - ,... " c. ORIGINAl RESOLUTION NO. 2 39 - 0·'5 A RESOLUTION ORDERING THE VACATION OF THE RIGHT OF WAY FEEMSTER STREET AND DEMAREE AVENUE WITHIN PARCEL MAP NO. 4386, COUNTY OF KERN, STATE OF CALIFORNIA. WHEREAS, on WEDNESDAY, September 28,2005, 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 No. 1409 declaring its intention to order the vacation of the right of way of Feemster Street and Demaree 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 October 12, 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 action could have a significant effect on the environment; and WHEREAS, Planning department approved the vacation on August 25th, 2005 per local ordinance and 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. This Resolution is adopted pursuant to Section 8300, et seq. of the Streets and Highways Code of the State of California. 3. The Council intends to order the vacation of the right of way of Feemster Street and Demaree Avenue in Exhibit "A" and shown in Exhibit "B" attached hereto and made a part hereof by this reference. 4. City maintained facilities within said vacating area, such as sewer and storm drain, street lights, street signs, pavement, curb and gutter, and sidewalks shall be privately maintained upon adoption and recordation of this resolution. 5. 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 the California. G:\GROUPDA T\ADMINRPT\2005\ 10-12\ROI1409.DOC ú.~"r. <: u' '.,';<,) Q 'tv ::.. ~ t- m - ,.. 0_1_ 0 orurlNAL _, '.._. __ __'''_ ___"'_"'~'____""_~'_'_'~"F' ..._..._.__,___"_._,..____..,_.~~ 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, ---------------000--------------- 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 OCT 1 2 200S by the following vote: (~ f:j'ifES . ABSTAIN: .~ '.~--- /v- v/ V I---- V COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER CQUNCILMEMBER '~o..--v-- ~ PAMELA A. McCARTHY, CM CITY CLERK and Ex Officio CI rk of the Council of the City of Bakersfield OCT 1 2 2005 APPROVED HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney BY:~?n. ~ G:\GRQUPDA 1ìADMINRP1ì2005\I 0- I 2\ROI 1409.DOC , 'òÞ",,<,(, '(,/. .-)- ~J' _'>.. ....n ¡-. rr¡ _ 2-(" Ì'_ - - - () un:('iNAt- EXHIBIT "A" STREET VACATION LEGAL DESCRIPTION BEING ALL THOSE PORTIONS OF PARCELS 1, 2, 3 AND 4 OF PARCEL MAP NO. 4386, FILED FOR RECORD JANUARY 27, 1978, IN PARCEL MAP BOOK 20, AT PAGE 42, IN THE OFFICE OF THE KERN COUNTY RECORDER, BEING PARCEL 1 OF THAT CERTAIN PUBLIC ACCESS EASEMENT AND IRREVOCABLE OFFER OF DEDICATION TO THE COUNTY OF KERN AS DESCRIBED IN BOOK 5083, PAGE 342, OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER, AND BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 30 SOUTH, RANGE 27 EAST, MD.M., COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 25; THENCE SOUTH 89°15'30" EAST, ON AND ALONG THE EAST-WEST MID-SECTION LINE OF SAID SECTION, A DISTANCE OF 1,271.20 FEET; THENCE DEPARTING SAID MID-SECTION LINE, NORTH 00°44'30" EAST, A DISTANCE OF 45.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89°15'30" WEST, A DISTANCE OF 50.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 20.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS NORTH 00°44'30" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°00'00", AN ARC DISTANCE OF 31.42 FEET; THENCE NORTH 00°44'30" EAST, A DISTANCE OF 612.18 FEET TO THE BEGINNING OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 25.00 FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 29°35'31"; AN ARC DISTANCE OF 12.91 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 90.00 FEET; THENCE NORTHERLY AND EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 149°11'02", AN ARC DISTANCE OF 234,34 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 25.00 FEET; THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 29°35'31", AN ARC DISTANCE OF 12.91 FEET; THENCE SOUTH 89°15'30" EAST, A DISTANCE OF 189.87 FEET; THENCE SOUTH 23°36'56" EAST, A DISTANCE OF 65.86 FEET; THENCE NORTH 89°15'30" WEST, A DISTANCE OF 268.82 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°00'00", AN ARC DISTANCE OF 31.42 FEET; THENCE SOUTH 00°44'30" WEST, A DISTANCE OF 663.97 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°00'00", AN ARC DISTANCE OF 31.42 FEET; THENCE NORTH 89°15'30" WEST, A DISTANCE OF 50,00 FEET TO THE POINT OF BEGINNING. CONTAINING 1.48 ACRES, MORE OR LESS. P:\PROJECTS\04140\LEGALS\04t40exrw,doc JLM 6/28/2005 . 'òAK¡::. ¿;. o)'ú' ~' ;:.... .~ .... rn _ r~' o to ORiGiNAL -,- ----..,.,- . ,..---. -~"--"~"'-'-~-'--"~'-'-'----'--'" EXHIBIT "B" ., ---I 1------ --- ! I I I I I I I I I I I I I I I I I I I I I I I I I \ I P.M. NO. 4386 \ P.M. BK. 20, PG. 42 I I \ ~ DE MAFEE AVENE '7 PARCEL 1 7' I cø I STÆET VACA~ 1 j i=: ,':" '~ <t I:LJ I'EJ WE ROAD . .. - --.-'--.-------- - McINTOSHH. &~iI: , _ØUlCf,MDRII,ClIJaI(III~ , \ \ \ \ STREET VACATION ,,' U ( j~~1 \'~,. . . ;,1 () ,~.,::.,--;....Y y -t. y (" \ \ \ \ \ \ \ \ \ . , , \ , , ---~ - .,¡a o .'H " SCALE: ,- = '60' \ '.: " ,:.,({i....:.. !, ~.~~Ì\ "'() i~"" I;; ~ ï V . t· OP\C¡\1L\'