HomeMy WebLinkAboutROI NO 1181RESOLUTION OF INTENTION NO. 1181
A RESOLUTION OF THE COUNCIL DECLARING ITS
INTENTION TO ORDER THE VACATION OF SUPERSEDED
ROAD RIGHT OF WAY ON COFFEE ROAD SOUTHERLY
OF ROSEDALE HIGHWAY.
WHEREAS, JACK E. TURMAN submitted a request for the vacation of superseded road
right of way on Coffee Road southerly of Rosedale Highway; and
WHEREAS, for the above-described project, it was determined that the proposed vacation
is exempt from CEQA pursuant to Sections 15061(b)(3) and 15301(c) of CEQA Guidelines in that
there is no possibility that the road right of way vacation and proposed use could have a significant
adverse effect on the environment; and
WHEREAS, at its meeting on September 3, 1998, the vacation was duly heard and
considered by the Planning Commission and was found to be consistent with the Metropolitan
Bakersfield 2010 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.
This resolution is adopted pursuant to Government Code Sections 8300 et seq, of
the Streets and Highways Code of the State of California.
The Council intends to order the vacation of superseded road right of way on Coffee
Road southerly of Rosedale Highway in the City of Bakersfield, County of Kern,
State of California, more particularly described in Exhibit "A" attached hereto and
made a part hereof.
A nonexclusive easement shall be reserved for public utilities purposes in, under,
over and upon the above described public road right of way and shall remain in
effect subject to following Item 5. Those utility companies having existing facilities
in said vacating area are Southern California Gas Company, Pacific Bell, and
Pacific Gas and Electric Company.
Any superceded or diminished portion of the reserved public utilities easement (Item
4) within said vacated road shall automatically terminate and be abandoned as an
easement when the applicant provides the following:
Applicant shall relocate or remove the existing public utilities to the effected
utility company's satisfaction and acceptance.
Page 1 of 3
Dedication of an adequate easement if any relocated public utility facilities
extend through pdvate property with alignment and width thereof approved
by the City of Bakersfield and the utility company.
The reserved public utilities easement (Item 3) shall be released by an
instrument approved by the City of Bakersfield and the applicable utility
company which instrument shall be recorded in the Office of the County
Recorder of the County of Kern, State of California.
7:00 P.M on Wednesday, November 18, 1998, 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.
The City Clerk shall cause notice of the date, hour and place of said headng 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.
The City Clerk shall certify to the passage of this resolution and shall cause the
same to be posted on the bulletin board at the City Hall, 1501 Truxtun Avenue, in
the City of Bakersfield, within fifteen (15) days after its passage.
......... O00 ..........
Page 2 of 3
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 2 ! 1998
by the following vote:
~¢k58: COUNCILME~B, ER_ ,No~.
A~TAI~: OOUi',~,.~E~ ~/o~e ..........................
APPROVED OCT ~ I ~
BOB PRICE,
MAYOR of the City of Bakersfield
APPROVED as to form:
Bye,,._ f f --,4
Afforney's Office of the City of Bakersfield
of the Council of the City of Bakersfield
Page 3 of 3
EXHIBIT "A"
COFFEE ROAD
SUPERSEDED RIGHT OF WAY
That portion of the Northwest 1/4 of Section 28, Township 29 South, Range 27 East,
M.D.M., City of Bakersfield, County of Kern, State of Califomia, more particularly described
as follows:
Commencing at the Northwest corner of said Section 26;
Thence South 00049' 38" West, along the West line of said section, a distance of 1073.41
feet;
Thence South 89o 10' 22" East, 55.00 feet to a point on the East right of way line of Coffee
Road as per that strip of land conveyed to the County of Kern by Grant Deed recorded
January 29, 1981 in Book 5348, Page 432, in the Office of the Kern County Recorder, all
right, title, and interest conveyed by said Grant Deed being subsequently vested in the City
of Bakersfield by annexation of the territory May 22, 1986, said point being the TRUE
POINT OF BEGINNING;
Thence South 00° 49' 38" West, along said right of way line, 249.26 feet to intersect the
South line of the Northwest 1/4 of the Northwest 1/4 of said Section 28;
Thence North 89o 09' 07" West, along said South line, 55.00 feet to intersect the West line
of said Section 28;
Thence departing said section line, North 230 51' 00" East, 34.37 feet to the beginning of
a non-tangent 1768.00 foot radius curve, concave northwesterly, having a radial bearing
of South 74° 54' 08" East to said beginning of curve;
Thence northeasterly along said curve through a Central angle of 07o 09' 49" an arc
distance of 221.05 feet;
Thence North 48° 29' 26" East, 0.79 feet to the TRUE POINT OF BEGINNING.
Containing 5,593 Square Feet (more or less)
G:~G ROU PDAT~IegaM 998'~Ron~Coffee Rd Superseded ROW EXH A.wpd
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VACATION OF SUPERSEDED ROAD RIGHT OF WAY ON COFFEE ROAD SOUTHERLY
OF ROSE DALE HIGHWAY
CITY OF BAKERSFIELD
CALIFORNIA
ENGINEERING DEPARTMENT
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 30~h day of October ,1998 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Resolution of Intention No. 1181
passed by the Bakersfield City Council at a meeting held on the 21st day of October.
1998, and entitled:
A RESOLUTION OF THE COUNCIL DECLARING ITS
INTENTION TO ORDER THE VACATION OF SUPERSEDED
ROAD RIGHT OF WAY ON COFFEE ROAD SOUTHERLY OF
ROSEDALE HIGHWAY.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUTY City Clerk /
S:\DOCUMENT~FORMS',AOPOSTINGROI WPD
October 30, 1998