HomeMy WebLinkAboutROI NO 1572
RESOLUTION OF INTENTION NO. 1572
A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION
TO ORDER THE VACATION OF A 20-FOOT WIDE STROM DRAIN EASEMENT
LOCATED NORTHEASTERLY OF THE INTERSECTION OF HIGHWAY 178 AND
CANTERIA DRIVE.
WHEREAS, The City of Bakersfield submitted a request for the vacation of a
20-foot wide Strom Drain Easement; 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
General Plan pursuant to Government Code 65402 by the Planning Director on
October 24,2007.
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 intends to order the vacation of the 20-foot wide Storm Drain
Easement located southeasterly of lots 22, 21, 20, and 19 of Tract No. 6452 phase 2
and northeasterly of Canteria Drive and State Highway 178 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 part hereof.
4. 6:30 PM on Wednesday, December 12, 2007, in the Council Chambers, City
Hall, 1501 Truxtun Avenue, Bakersfield, California, is hereby fixed as the time and place
when all persons interested in or objecting to the proposed vacation may appear before
the City Council and be heard.
5. The City Clerk shall cause notice of the date, hour, and place of said hearing on
this Resolution to be published for two successive weeks prior thereto in The
Bakersfield Californian and the Superintendent of Streets of the City of Bakersfield,
California, shall cause "Notice of Vacation" to be posted as required by Section 8323 of
the Streets and Highways Code of the State of California.
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ORIGINAl
6. The City Clerk shall certify to the passage of this resolution and shall cause the
same to be posted on the bulletin board at City Hall, 1501 Truxtun Avenue, in the City of
Bakersfield, within fifteen (15) days after its passage.
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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
NaV 0 7 2081 by the following vote:
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ABSTAIN:
ABSENT:
COUNCILMEMBER cou&t, CA~N, SEffHAM, W~IR,--f IANs6N, SUtGVAN, SC~NER
COUNCILMEMBER IA...DVLC2.
COUNCILMEMBER h.D\.UL
COUNCILMEMBER W t 1..11
HA Y L. ALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: /?d;uc In, ~
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EXHIBIT "A"
VACATION OF STORM DRAIN EASEMENT
LEGAL DESCRIPTION
BEING ALL THAT PORTION OF A STORM DRAIN EASEMENT GRANTED TO THE CITY OF
BAKERSFIELD AND RECORDED AUGUST 23, 2006, AS DOCUMENT NO. 0206208993, OFFICIAL
RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER; ALSO BEING A PORTION OF
PARCEL 12 OF PARCEL MAP NO. 11013, FILED FOR RECORD IN PARCEL MAP BOOK 53, AT
PAGES 130 THROUGH 146 AND LOT "D" OF TRACT NO. 6452, FILED FOR RECORD IN MAP
BOOK 57, PAGES 10 TO 11, BOTH IN THE OFFICE OF THE KERN COUNTY RECORDER. ALSO
BEING A PORTION OF THE SOUTH HALF OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 29
EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION, MARKED BY A TWO INCH
IRON PIPE WITH PENNY TAG STAMPED "LS 4383" PER SAID PARCEL MAP NO. 11013; THENCE
SOUTH 89028'51" EAST, ALONG THE SOUTH LINE OF SAID SECTION, A DISTANCE OF 2,458.29
FEET; THENCE DEPARTING SAID LINE AT RIGHT ANGLES, NORTH 00031'09" EAST, A DISTANCE
OF 612.82 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING THE MOST
SOUTHERLY CORNER OF SAID LOT "D"; THENCE ALONG THE FOLLOWING SIX (6) COURSES:
1) NORTH 35025'06" WEST, ALONG THE SOUTHWESTERLY LINE OF SAID LOT "D", A
DISTANCE OF 20.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 4,875.00 FEET, FROM WHICH POINT A
RADIAL LINE BEARS NORTH 35024'46" WEST, SAID POINT ALSO BEING THE MOST
WESTERLY CORNER OF SAID LOT "D"; THENCE
2) NORTHEASTERLY ALONG SAID CURVE AND ALONG THE NORTHWESTERLY LINE OF
SAID LOT "D", THROUGH A CENTRAL ANGLE OF 01039'03", AN ARC DISTANCE OF
140.46 FEET; THENCE
3) DEPARTING SAID NORTHWESTERLY LINE, NORTH 55036'48" EAST, A DISTANCE OF
257.04 FEET; THENCE
4) SOUTH 34023'12" EAST, A DISTANCE OF 20.00 FEET; THENCE
5) SOUTH 55036'48" WEST, A DISTANCE OF 256.58 FEET TO THE BEGINNING OF A NON-
TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 4,895.00 FEET,
FROM WHICH POINT A RADIAL LINE BEARS NORTH 37003'30" WEST, SAID POINT ALSO
BEING ON THE SOUTHEASTERLY LINE OF SAID LOT "0"; THENCE
6) SOUTHWESTERLY ALONG SAID CURVE AND ALONG SAID SOUTHEASTERLY LINE,
THROUGH A CENTRAL ANGLE OF 01038'44", AN ARC DISTANCE OF 140.59 FEET TO
THE POINT OF BEGINNING.
Mc!t'-'TQSH ~ ASSO~lATcS
2001 Wheelan Court
Bakersfield, CA 93309
(661) 834-4814
CONTAINING 7,947 SQUARE FEET, MORE OR LESS.
Q:\PROJECTS\035017.13\LEGALS\351713EM08_Abdn_SD.doc EST 5/31/2007
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 8th day of November, 2007 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1572,
passed by the Bakersfield City Council at a meeting held on the 7th day of November,
2007 and entitled:
A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO
ORDER THE VACATION OF A 20-FOOT WIDE STORM DRAIN
EASEMENT LOCATED NORTHEASTERLY OF THE INTERSECTION OF
HIGHWAY 178 AND CANTERIA DRIVE.
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY:~~~~
DEPUTY City Clerk
S:\DOCUMENT\FORMS\AOP .ROI. wpd
11/6/2007
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ORIGINAL
r- POSTED ON
. li~fCl
I by City Clerk's Off,'ce
RESOLUTION OF INTENTION NO. 1572 I .
- i CIty of
1. Bakersfield
A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTIOf'l A I
TO ORDER THE VACATION OF A 20-FOOT WIDE STROM DRAIN EAS.aJENT" ::
LOCATED NORTHEASTERLY OF THE INTERSECTION OF HIGHWAY 178 AND
CANTERIA DRIVE.
WHEREAS, The City of Bakersfield submitted a request for the vacation of a
20-foot wide Strom Drain Easement; and
WHEREAS, for the above-described project, it was determined that the proposed
vacation is exempt from CECA, pursuant to Section 15061 (b) (3) of CECA 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
General Plan pursuant to Government Code 65402 by the Planning Director on
October 24,2007.
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 intends to order the vacation of the 20-foot wide Storm Drain
Easement located southeasterly of lots 22, 21, 20, and 19 of Tract No. 6452 phase 2
and northeasterly of Canteria Drive and State Highway 178 in the City of Bakersfield,
County of Kern, State of California, more particularly described in Exhibit uA" and shown
in Exhibit uB" attached hereto and made part hereof.
4. 6:30 PM on Wednesday, December 12, 2007, in the Council Chambers, City
Hall, 1501 Truxtun Avenue, Bakersfield, California, is hereby fixed as the time and place
when all persons interested in or objecting to the proposed vacation may appear before
the City Council and be heard.
5. The City Clerk shall cause notice of the date, hour, and place of said hearing on
this Resolution to be published for two successive weeks prior thereto in The
Bakersfield Californian and the Superintendent of Streets of the City of Bakersfield,
California, shall cause UNotice of Vacation" to be posted as required by Section 8323 of
the Streets and Highways Code of the State of California.
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