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Home My WebLink AboutRES NO 185-07 James W. FitchJ. Assessor- Recorder Kern County Official necords Recorded at the request 01 Public DOC#: 0207193862 SOFIR 912012007 10:30 AM Stat Types: 1 Pages: 8 Recording requested by and for the benefit of the CITY OF BAKERSFIELD Fees Taxes Others PAID WHEN RECORDED MAIL TO: CITY OF BAKERSFIELD CITY CLERK 1501 TRUXTUN AVENUE BAKERSFIELD, CA 93301 RESOLUTION NO. 185-07 A RESOLUTION OF THE COUNCIL ORDERING THE SUMMARY VACATION OF THE 40-FOOT WIDE GANDOLA STREET FROM BRIMHALL ROAD APPROXIMATELY 676.74 FEET SOUTHERLY AND EAST OF CALLOWAY DRIVE 0.00 0.00 0.00 $0.00 X ~"'K~~ a % ;;:... - I- m _ r- c..J <::1 ORIGINAL RESOLUTION NO. 1 B 5 - 0 7 A RESOLUTION OF THE COUNCIL ORDERING THE SUMMARY VACATION OF THE 40- FOOT WIDE GANDOLA STREET FROM BRIMHALL ROAD APPROXIMATELY 676.74 FEET SOUTHERLY AND EAST OF CALLOWAY DRIVE. WHEREAS, M.S. Walker and Associates, Inc. on behalf of Bakersfield Center Limited, LLC, has submitted a request to vacate the above mentioned street; and WHEREAS, the subject street is eligible for summary vacation per Section 8331 of the Streets and Highways Code which authorizes the City Council to summarily vacate a street or highway if (a) for a period of five consecutive years, the street or highway has been impassable for vehicular travel and (b) no public money was expended for maintenance on the street or highway during such period; 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, in accordance with Bakersfield Municipal Code Section 2.28.120, the proposed vacation was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to Government Code 65402 by the Planning Director on August 30, 2007. 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 40-foot wide Gondola Street from Brimhall Road south approximately 670.00 feet and reserves this area as a Public Utility Easement, in the City of Bakersfield, County of Kern, State of California, more particularly described on Exhibits "A" and "B" attached hereto and made a part hereof. 4. There is no condition of the completion of said street vacation, pursuant to Section 8324(b) of the Streets and Highways Code of the State of California. X ~"'K~~ a % ;;:... - I- m _ r- c..J _ 1 _ <::1 ORIGINAL 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 SEP 1 2 Z007 by the following vote: CAYE;) NOES: ABSTAIN: ABSENT: ~ ....----- .....--- ~_ ..-- J..----- COUNCILMEMBER COUCH, CARSON, BENHAM, WEIR, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~. /UY)r (~ PAMELA A. McCARTHY, CM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED SEP 1 2 Z007 APPROVED as to form VIRGINIA GENN RO City Attorney By: X ~"'K~~ a ~ ;;:... ""- I- m G2- 1; ORIGINAL EXHIBIT A LEGAL DESCRIPTION PUBLIC RIGHT OF WAY VACATION Being a portion of Parcel 1 and Parcel 2 of Lot Line Adjustment No. P96-0044 as per Certificate of Compliance recorded June 6, 1996 as Instrument No. 0196072469 of Official Records, and also being a portion of the north 2/5 of the south half of Lot 1 of Kern County Sales Map Section 31, Township 29 South, Range 27 East MDBM filed April 20, 1891 all on file in the Office of the County Recorder, County of Kern, State of California and also being a portion of the Northeast Quarter of Section 31, Township 29 South, Range 27 East MDBM, being more particularly described as follows: A strip of land 40 feet in width lying west of and immediately adjacent to the east line of Section 31, Township 29 South, Range 27 East, MDBM Commencing at the Northeast comer of Section 31, Township 29 South, Range 27 East MDBM; Thence south along the East Line of Said Section S 0043' 01" W a distance of 121.04 feet; to a point on the south Right of Way line of Brimhall Road as per Public Street Easement to the City of Bakersfield recorded September 13, 1994 Instrument No. 134983 of Official Records and True Point of Beginning for this description: Thence (1) continuing along said East Section Line S 0043' 01" W a distance of670.09 feet; Thence (2) S 890 07' 38" E a distance of 40.00 feet; Thence (3) parallel to the said east section line N 00 43' 01" E a distance of 676.74 feet to a point on the south right of way of Brimhall Road also being a point on a nontangent curve concave to the North with a radius of 1549.00 feet with a radial bearing ofN 10038' 30" E; Thence (4) easterly along said curve also being the said south right of way line of Brimhall Road through a central angle of 1007'29" an arc distance of 40.56 feet also being the Point of True Beginning. Containing 0.46 Acres more or less ~ ~"'K~'9 C) ~ .:... - I- m _ r- o <::1 ORIGINAL EXHIBIT A LEGAL DESCRIPTION -PUBLIC UTILITY EASEMENT BEING A PORTION OF PARCEL 1 AND PARCEL 2 OF LOT LINE ADJUSTMENT NO. P96-0044 AS PER CERTIFICATE OF COMPLIANCE RECORDED JUNE 6,1996 AS INSTRUMENT NO. 0196072469 OF OFFICIAL RECORDS, AND ALSO BEING A PORTION OF THE NORTH 2/5 OF THE SOUTH HALF OF LOT 1 OF KERN COUNTY SALES MAP SECTION 31, TOWNSHIP 29 SOUTH, RANGE 27 EAST MDBM FILED APRIL 20,1891 ALL ON FILE IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF KERN, STATE OF CALIFORNIA TOGETHER WITH LOT C OF TRACT 5770 AS RECORDED IN BOOK 42 OF MAPS AT PAGES 43 THROUGH 45 IN THE OFFICE OF SAID COUNTY RECORDER, ALSO BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 31 AND THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 29 SOUTH, RANGE 27 EAST MDBM, BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 31, TOWNSHIP 29 SOUTH, RANGE 27 EAST MDBM; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION S 00 43' 01" W A DISTANCE OF 121.04 FEET; TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF BRIMHALL ROAD AS PER PUBLIC STREET EASEMENT TO THE CITY OF BAKERSFIELD RECORDED SEPTEMBER 13, 1994 INSTRUMENT NO. 134983 OF OFFICIAL RECORDS AND TRUE POINT OF BEGINNING FOR THIS DESCRIPTION: THENCE (1) CONTINUING ALONG SAID EAST SECTION LINE SOUTH 0043'01" WEST A DISTANCE OF 10.12 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY FROM WHICH THE RADIUS BEARS NORTH 09027'36" EAST, WITH A RADIUS OF 1559.00 FEET; THENCE 30.31 FEET ALONG SAID CURVE, THROUGH AN ANGLE OF 01006'50" TO THE NORTHEAST CORNER OF SAID LOT C; THENCE SOUTH 00043'01" WEST ALONG THE EAST LINE OF SAID LOT C A DISTANCE OF 674.05 FEET; THENCE NORTH 89010'36" WEST ALONG THE SOUTH LINE OF SAID LOT C A DISTANCE OF 30.00 FEET TO A POINT WHICH LIES IN THE EAST LINE OF SAID SECTION 31; THENCE NORTH 00043'01" EAST ALONG THE EAST LINE OF SAID SECTION A DISTANCE OF 18.34 FEET TO A POINT WHICH LIES ON THE SOUTH LINE OF SAID NORTH 2/5 OF THE SOUTH HALF OF LOT 1 OF KERN COUNTY SALES MAP; THENCE NORTH 89007'38" WEST ALONG SAID SOUTH LINE A DISTANCE OF 20.00 FEET; THENCE NORTH 00043'01" EAST ON A LINE PARALLEL WITH AND 20 FEET WEST OF THE EAST LINE OF SAID SECTION 31 A DISTANCE OF 673.26 FEET TO A POINT WHICH LIES IN THE SAID SOUTH RIGHT OF WAY LINE OF BRIMHALL ROAD, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY FROM WHICH THE RADIUS BEARS NORTH 10015'59" EAST WITH A RADIUS OF 1549.00 FEET; THENCE SOUTHEASTERLY 20.26 FEET ALONG SAID CURVE, THROUGH AN ANGLE OF 00044'58" TO THE TRUE POINT OF BEGINNING. 2 X ~P,k~1> a % ;;:... - I- m - r- c..J <::1 ORIGINAL EXHIBIT A LEGAL DESCRIPTION PUBLIC UTILITY EASEMENT RESERVING A NONEXCLUSIVE EASEMENT AND RIGHT OF WAY FOR PUBLIC UTILITIES, 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 AND UPON BE ABOVE DESCRIBED PARCEL PARCEL CONTAINS 33,717 SQUARE FEET MORE OR LESS 3 x <oAk~1> a ~ ;;:... - I- m - r- c..J <::1 ORIGINAL , CURVE TABLE CURVE DELTA LENGTH RADIUS C1 00'38'12" 15.99' 1439.00' C2 01'06'50" 30.31' 1559.00' C3 09'27'38" 247.68' 1500.00' C4 01'07'29" 40.56' 1549.00' LINE TABLE LINE DIRECTION LENGTH L1 S89'07'OO"E 9 7.48' L2 S28'58'23"E 6.70' L3 S89'10'36"E 30.00' L4 NOO'36'30"E 131.26' L5 NB9'07'OO"W 31.46' ~ L6 N50'44'10"E 138.72' LINE TABLE LINE DIRECTION LENGTH R1 N11'01'03"E 1549.00' COUNTY ROAD No. 1985 PER DOCUMENT RECORDED IN BOOK 3028, PAGE 14 OF OFFICIAL RECORDS, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA. o ~: i. O~I ~i9 5~ ...J PARCEL 2 LLA No. P96-<1044 INSTRUMENT No. 0196072469 ue ACfEB LEGEND APN: 500-030-18 ill NE COR. S31, T29SjR27E FND K.C.S.C.M. WjB.C. IN L.H. PER TRACT 5544-PHASE A. [Z] PROPOSED VACATION --------------------------- S89'07'38"E DESIGNED BY: RD ENGINEERED BY: DRAWN BY: NORTH 2/5 OF THE SOUTH HALF OF LOT 1 SEC. 31, T29S R 27E M.DB.M. PER KERN COUNTY SALES MAP FLED APRL 20, 1891. 2.03 ACRES APN:500-030-11 40.00' M, S, WALKER & Associates) Inc, PROJECT: THE CENTER BAKERSFIELD CENTRE UMITED, LL 1100 CALLOWAY DRIVE BAKERSFIELD, CA 93312 MC CHECKED BY: RD SITE PLAN: SITE PLAN 2321 Perselis COlirl Bakersfield, Ca. 93308 lPUIw.mswaJkerinc.com SCALE: SHEETS: 1"=100' 10Fl Uc #580574 Tel: (661) 399-3800 Fax: (661) 399-5800 EXHIBIT B-1 RIGHT OF WAY VACATION ~ ~~k~1> () % .:>- - o :; ORIGINAL , \ POINT OF COMMENCING 1 LINE L1 L2 L3 L4 LINE TABLE BEARING 500'43'01"W N8910'36"W NOO'43'Q1"E N89"07'38"W 015T ANCE 10.12' 30.00' 18.34' 20.00' CURVE C1 C2 15.16' 10.13' I PARCEL 1 LLA No. P96-Q044 NSTRIJMENT No. 0196072469 2.04 ACIEB APN: 500-030-01 PUBLIC UTILITY EASEMENT 33,717 S.F. PARCEL 2 LLA No. P96-0044 1NS1lM.ENT No. 0196072469 LEGEND APN~=0-18 CD NE COR. S31, T29S/R27E FND K.C.S.C.M. W/B.C. IN L.H. PER TRACT 5544-PHASE A. [Z] PROPOSED P.U.E. NORTH 2/5 OF TI-E SOlJTH HALF OF LOT 1 SEC. 31, T29S R 27E M.D.8.M. PER KERN COUNTY SAlES MAP F1lED APRL 20, 1891. 2.03 ACRES APN: 500-030-11 DRAWN BY: M, S, WALKER & Associates, Inc. PROJECT: THE CENTER BAKERSFIELD CENTRE UMlTED, LL 1100 CALLOWAY DRIVE BAKERSFIELD, CA 93312 DESIGNED BY: RD ENGINEERED BY: JB CHECKED BY: N SHEETS: 1"=100' 1 OF 1 2321 Perselis COlirt Bakersfield, Co. 93308 JaIWUI.mswaikerinc.co11l Uc#580574 Tel: (661) 399-3800 Fox: (661) 399-5800 EXHIBIT B- 2 PUBLIC UTILITY EASEMENT SITE PlAN: SITE PlAN SCALE: