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Home My WebLink AboutRES NO 172-06 Recording Requested by: and for the benefit of CITY OF BAKERSFIELD And When Recorded Mail to: James W. FitchJ. Assessor- Recorder Kern County Official tiecords Recorded at the request 01 Public SABRINA 6/29/2006 2:00 PM DOC#: 0206159106 City Clerk CITY OF BAKERSFIELD 1501 Truxtun Avenue Bakersfield, CA 93301 111111111111 Fees Taxes Others PAID Pages: 7 0.00 0.00 0.00 $0.00 Stat Types: 1 RESOLUTION NO. 172-06 A RESOLUTION OF THE COUNCIL ORDERING THE VACATION OF THE NORTHERN 15 FEET OF RIGHT OF WAY ALONG BERKSHIRE ROAD BETWEEN GRANITE HILLS STREET AND SHALLOW COVE WAY, ALSO THE TEMPORARY ACCESS, TURNAROUND, AND SLOPE EASEMENT LOCATED NORTHWEST OF THE INTERSECTION OF BERKSHIRE ROAD AND GRANITE HILLS STREET X fQAK~-9 o <Jl >- ~ r- m _ r- Q C) ORIGINAL RESOLUTION NO.1 '1 2 - 0 6 A RESOLUTION OF THE COUNCil ORDERING THE VACATION OF THE NORTHERN 15 FEET OF RIGHT OF WAY ALONG BERKSHIRE ROAD BETWEEN GRANITE HillS STREET AND SHAllOW COVE WAY, ALSO THE TEMPORARY ACCESS, TURNAROUND, AND SLOPE EASEMENT lOCATED NORTHWEST OF THE INTERSECTION OF BERKSHIRE ROAD AND GRANITE HillS STREET WHEREAS, on WEDNESDAY, May 24, 2006, 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. 1458 declaring its intention to order the vacation of the northern 15 feet of right of way along Berkshire Road between Granite Hills Street and Shallow Cove Way, also the temporary access, turnaround, and slope easement located northwest of the intersection of Berkshire Road and Granite Hills Street; 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 June 21, 2006, atter 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 action could have a significant effect on the environment; and WHEREAS, Planning Department approved the vacation on April 25, 2006 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 orders the vacation of the northern 15 feet of right of way along Berkshire Road between Granite Hills Street and Shallow Cove Way, also the temporary access, turnaround, and slope easement located northwest of the intersection of Berkshire Road and Granite Hills Street in the City of Bakersfield, County x ~A1(~"t o ~ >- - r- m - r- G:\GROUPDA1\ADMINRP1\2006\06-21\1458-final resolution - PbRIGINAt' of Kern, State of California, more particularly described on Exhibits "A" and "B" attached hereto and made a part hereof. 4. The vacated area shall be reserved as a non-exclusive easement for public utility facilities within the vacated area and full access shall be maintained to the greatest extent possible. 5. 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 ."IN 2 1 2006 by the following vote: ~ NOES: ABSTAIN: ABSENT: ......-- ...-- ...----....--- ~ ---- " COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER eM Q. f1lc~ PAMELA A. McCARTHY, C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUN 2 1 2006 HARV Y .HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney BY:~/n~ G:\GROUPDA 1\ADMINRP1\2006\06-2\ \1458-final resolution X ~AK~.-? o ~ ~ - +2 - m - t- V ORIGINAt> EXHIBIT "A" STREET RIGHT-OF-WAY VACATION (BERKSHIRE ROAD) LEGAL DESCRIPTION BEING A PORTION OF PARCELS 1 AND 3 OF PARCEL MAP NO. 4386, FILED IN PARCEL MAP BOOK 20 AT PAGE 42 IN THE OFFICE OF THE KERN COUNTY RECORDER. ALSO BEING A PORTION OF NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF BERKSHIRE ROAD AND SHALLOW COVE WAY, SAID POINT BEING MARKED BY A CONCRETE MONUMENT WITH BRASS CAP STAMPED ilLS 3707" IN LAMPHOLE PER TRACT NO. 6095 PHASE 3, FILED IN MAP BOOK 51, PAGES 125 THROUGH 128 IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE SOUTH 89015'11>> EAST, ALONG THE CENTERLINE OF BERKSHIRE ROAD, A DISTANCE OF 46.51 FEET TO THE EAST LINE OF SAID PARCEL 3; THENCE NORTH 00044'49" EAST, ALONG THE EAST LINE OF SAID PARCEL 3, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING FOUR (4) COURSES: 1) DEPARTING THE EAST LINE OF SAID PARCEL 3, NORTH 89015'11" WEST, PARALLEL WITH THE CENTERLINE OF BERKSHIRE ROAD, A DISTANCE OF 473.23 FEET; THENCE 2) NORTH 44015'11" WEST, A DISTANCE OF 21.21 FEET TO A POINT 45.00 FEET NORTHERLY, AS MEASURED AT RIGHT ANGLES TO THE CENTERLINE OF BERKSHIRE ROAD; THENCE 3) SOUTH 89015'11" EAST, PARALLEL WITH THE CENTERLINE OF BERKSHIRE ROAD, A DISTANCE OF 488.23 FEET TO THE EAST LINE OF SAID PARCEL 3; THENCE 4) SOUTH 00044'49" WEST, ALONG THE EAST LINE OF SAID PARCEL 3, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. . CONTAINING 7,211 SQUARE FEET, MORE OR LESS. P:\PROJECTS\041 40\LEGALS\04140ST_ VAC.DOC GC/JLM 2/15/06 X ~AKf'9 o ~'\ >- m t:::: r- <:) CJ ORIGINAl ""~ -I>oU"'~iT1 UlZZUl c: O-l>oOOOC:CZ ~-I>oOtOiTIiTI -I>o....l~....l)>-l -!>o:. Ul. -1>0. Ul. ;:Q )> ~:::~~~~ II :s II :I ~~ rr1 ::E::EiTIiTI ~"'U-l>oM (J1~omZ ONOU,G) q~q~~ Ci) :D > 0 0 )> Z ~ rT1 =iUJ ~ ~ m-t ~ :D "'tJm "'%j - O~ ~ t"""'" Z:D t::::::l -t- m~ e -t ~ m' - 0 r-O ~ m7' 3:=e en m> ~ z-< ::::I:: 0 -t< 0 >> t"""'" :Do t::::::l -<> -t - en C/JO .....:3 C')z ~ m :I - 0 ~ 0 .....:3 0 U(/) r- 0(') U; ~Z ~O o --"~ IJ ~ II~ -I m:J: o~ m 0 )>02]06 ~ ~~M~aJ )> ?:"rrlz~z f:;:; _-.J~9N9 ~.. 0';0-0 ~ ~CJ.j>.'-...j>. o:;;:o~ II (j) o(J).j>. :'1 ~ 0 Q) 8 0 ~--'r- -~ -- I'" WEST LINE, PARCEL i _ -1- _ MAP NO. 4386 ~r---- I FUTURE STREET RIGHT-OF-WAY DEDICA TION ----- ('. , GRANITE ll~~~i ------- _U-l::E HILLS ~~~ __ S!~T I;~~ " I ~~~ 15' .... "g(lJ ~ ~~M I ,,,::::j(j) I~~~ I ;:orrl-l --------1 r11~i I . , Z I..L:\' ~ ~ :Ja1 1\"") I ~ -- ~ ~ ---I: to I ::E ~~ I ~ I ~ p ~ ~ 1':Z8 --" -- I ~J ,z 00 ~ I ~ ~~ ~ ~ II ~ II ~i O'D "lQ) III Sd~ -- ~ ~-~II ~ i ~i ~ O-l>o ~ ' . (lJ'-I : 0 I ~~~ --------1 I ~~ ~ [ - j ! :~ ------~ I~- ~1_!AL~O~ l )~ 15' COVE ~ WA Y ~ ~I -------: ; I L2. \ ~ ~OJ rrl rrl 0 Z '0:z o Z-l rrl Z ~ :z~ Z G") -t ---------1 , ) / / ------~ Ul 00 to ....l ~ ~ . rrl "lQ) :l> "lQ):D"lQ) . ~:l> ~ 'I",/J:D mpDo ?'~m [J\)~II o:l>oo - "lQ) ~ "lQ)~:l> PO~ ~. OJ ~~ [J\)~<Wl 00 ~ it 00 N ~ m >< I - CD [EAST LINE, --I PARCEL 3 OF PARCEL MAP :::I ! NO. 4386 CD L4 - ----~~~ ~-9:::1 I 0 ~ I >- iii I ~ ~ o <:) ORIGINAl EXHIBIT "A" TEMPORARY EASEMENT VACATION LEGAL DESCRIPTION BEING THAT PARCEL OF LAND DESCRIBED IN THAT CERTAIN IRREVOCABLE OFFER OF DEDICATION RECORDED MAY 2, 1995, AS DOCUMENT NO. 0195053429, OFFICIAL RECORDS AND RE-RECORDED FEBRUARY 23, 1996, AS DOCUMENT NO. 0196023578, OFFICIAL RECORDS, BOTH IN THE OFFICE OF THE KERN COUNTY RECORDER. ALSO BEING A PORTION OF PARCEL 1 PARCEL MAP NO. 4386, FILED IN PARCEL MAP BOOK 20 AT PAGE 42 IN THE OFFICE OF THE KERN COUNTY RECORDER. ALSO BEING A PORTION OF NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG THE FOLLOWING FOURTEEN (14) COURSES: 1) NORTH 00044'49" EAST, A DISTANCE OF 1,093.97 FEET; THENCE 2) SOUTH 89015'11" EAST, A DISTANCE OF 95.00 FEET; THENCE 3) SOUTH 00044'49" WEST, A DISTANCE OF 110.00 FEET; THENCE 4) NORTH 89015'11"WEST, A DISTANCE OF 70.00 FEET; THENCE 5) SOUTH 00044'49" WEST, A DISTANCE OF 348.97 FEET; THENCE 6) SOUTH 89015'11" EAST, A DISTANCE OF 70.00 FEET; THENCE 7) SOUTH 00044'49" WEST, A DISTANCE OF 110.00 FEET; THENCE 8) NORTH 89015'11" WEST, A DISTANCE OF 70.00 FEET; THENCE 9) SOUTH 00044'49" WEST, A DISTANCE OF 180.00 FEET; THENCE 10)SOUTH 89015'11" EAST, A DISTANCE OF 70.00 FEET; THENCE 11)SOUTH 00044'49"WEST, A DISTANCE OF 110.00 FEET; THENCE 12) NORTH 89015'11" WEST, A DISTANCE OF 70.00 FEET; THENCE 13) SOUTH 00044'49"WEST, A DISTANCE OF 235.00 FEET; THENCE 14) NORTH 89015'11" WEST, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. CONTAINING 50,449 SQUARE FEET, MORE OR LESS. 1. · '2.. '2.. O~ McINTOSH & ASSOCIATES 2001 Wheelan Court Bakersfield, CA 93309 (661)834-4814 ~K <<. ~ ~/y o ~ >- - r- m _ l"- V ~ ORIGINAl P:\PROJECTS\04140\LEGALS\04140TEMPEASE_VAC.DOC JLM 2/22/2006 l l I 689'15'11"E 95.00' _ _ _ _ ~O:T~E~~W_L1NE 8 VICEROY AYE g ...., g 11 ~ ~ I ~ I --,. ~"--u i i ~,J, . ,: /// ....T/....---......... ~ 1 ........... J'= 'ii"lKlti:l~'ii" OO@. I@I~ ~ I ~, OO~. ~i. f@. ~;t' ~~lID ::iO ~ 1 ----(---T-- ~ ~ I' ! : : ~ 1 I ---J____J_ ~ L EVANS WAY g ,. 45' WIDE IRREVOCABLE STREET RIGHT-OF-WAY ~ DEDICATION PER BOOK 5083, PAGE 342 OF : ~ OFFICIAL RECORDS. , ~ l (f"STREET RIGHT-OF-WAY VACATION r .::PER SEPARATE DOCUMENT. - -; ~~~~~f~ ~~~f:~EL 1 Jt::RTH~ ~~ ~NE - - .:: -- -- .:: .:: -- .:: ~ .:: .::! ~ ~ - - i;l- - - - ~~~~J~grG L6 - - t- - <<E - BeRK~ RoAD- -; -- -~--r;;~-;~, ~;;I~ I'I~I/I--~~;-;;-~;;--fl I ~~. ~ I Ii ~~, ~ : ~,OO~, ~~. !F'@$. I; I :~. OO~. ~~. f@~. : ~.~I ~~-~o , SCALE: I" - 100' --------- g ----/----T-- 'ii"lKlti:l~'ii" OO@. ~"i~ lUlOOD'ii" .w ~ ~ ~. OO~. 41~. f@. (ij)(ij) ~ -I-J-rn~r- z I I I j_--i__j__ SLA TERFlELD g -~VENuE-~- --------T-- I I I I I I ~~~ I"'U'C" .Q'jII....... .iIOC. fK[S] ~ .tn"~ Cl BNC[RSf'(lD, CA tj)(ll (MI) e~-4!14 I I I I -11 I J: I I ~~ -'. tJd ~z ~~ ~:Ii ~8 ~~ EXHIBIT "B" CNJ @ "V' ~ @Si Q=O@" @b. d1~CfW . /llYJc:i!l(8)CS> @ @ilCi\!! ~d1~ ~1!ll!I'<r~ @,,@ ~ ~ If ~ @b ~ s ! NORTH SCALE: 1"= 1 00' 50 0 ~ 100 25 100 I 8 ~' N 8 s! F '" '. . ;t ~ DATE: CITY OF BAKERSFIELD TEMPORARY TURNAROUD. EMERGENCY ACCESS AND SLOPE EASEMENT PER DOC. NO. 196023578 O.R. 8 s! LINE Ll L2 L3 L4 L5 L6 LINE TABLE LENGTH 70.00 70.00 70.00 70.00 70.00 25.00 BEARING N69'15'11"W S69'15'll"E N69'15'll"W S69'15'll"E N69'15'11"W N89'15'11"W ~ ~ ". ,. ~ ~ ill .. CONCRETE MONUMENT WITH BRASS CAP STAMPED "LS 3707" ,IN LAMPHOLE GREENFIELD UNION SCHOOL DISTRICT TEMPORARY TURNAROUND EASEMENT VACATION GRANITE POINTE ELEMENTARY JOB NO. 04-140 DA IT: 2/22/06 FILE NO. 04140EM05 DONE BY: LJT AREA: 1.16 ACRES X ':oM/:-9 o ~ >- - r- m - t- o C) ORIGINAl