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Home My WebLink AboutRES NO 278-07 'it. James W. Fitch.z. Assessor - Recorder Kern County Official l1ecords Recorded at the request 01 Public Recording Requested by: and for the benefit of CITY OF BAKERSFIELD And When Recorded Mail to: TELFORDT 12/26/2007 9:06 AM DOC#: 0207252218 Slat Types: 1 1111111111111 Fees Taxes Others PAID City Clerk CITY OF BAKERSFIELD 1501 Truxtun Avenue Bakersfield, CA 93301 RESOLUTION NO. 278-07 A RESOLUTION OF THE COUNCIL ORDERING THE VACATION OF A 20 FOOT WIDE STORM DRAIN EASEMENT LOCATED NORTHEASTERLY OF THE INTERSECTION OF HIGHWAY 178 AND CANTERIA DRIVE. Pages: 5 0.00 0.00 0.00 $0.00 ~ 'O~I(t"1> (:) ~ ;.... - I- m _ r- (,) (:) ORIGINAL . RESOLUTION NO. 2 7 8 - 0 7 A RESOLUTION OF THE COUNCIL ORDERING THE VACATION OF A 20 FOOT WIDE STROM DRAIN EASEMENT LOCATED NORTHEASTERLY OF THE INTERSECTION OF HIGHWAY 178 AND CANTERIA DRIVE WHEREAS, on WEDNESDAY, November 7, 2007, 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. 1572 declaring its intention 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 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 December 12, 2007, after 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 October 23, 2007 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 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 on Exhibits "A" and "B" attached hereto and made a part hereof. 4. 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. G:\GROUPDA1\ADMINRP1\2007\12-12\ROJ Final-1572 Storm Drain Hwy 178- Resolution.doc ~M€-? ~ ~ - 1 - - >- m r- r- ...... (:) c.) ORIGINAL ---------------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 DEe 1 2 2007 by the following vote: ~ NOES: ABSTAIN: ABSENT: ./ ./ ./ /' ,,/ / COUNCILMEMBER e8~BII, CARSON, BENHAM, WEIR, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER ~ COUNCILMEMBER ~ COUNCILMEMBER CO v-.{'~~ APPROVED nF"r. HA EY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: fJt;uIJ7f4 ~ G:\GROUPDA 1\ADMINRP1\2007\12-l2\R0J Final -1572 Storm Drain Hwy 178- Resolution.doc ~Mc-9 ~ ~ -2>- m t: r- o () ORIGINAl. 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 liD" 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, MD.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 liD"; THENCE ALONG THE FOLLOWING SIX (6) COURSES: 1) NORTH 35025'06" WEST, ALONG THE SOUTHWESTERLY LINE OF SAID LOT liD", 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 liD", 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 3r03'30" WEST, SAID POINT ALSO BEING ON THE SOUTHEASTERLY LINE OF SAID LOT "D"; 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. 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