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HomeMy WebLinkAboutRES NO 099-08Recording Requested by and for the benefit of: CITY OF BAKERSFIELD And When Recorded Mail to: City Clerk CITY OF BAKERSFIELD 1501 Truxtun Avenue Bakersfield, CA 93301 James W. Fitch Assessor-Recorder Kern County Official records Recorded at the request of Public 3ABRINA 7/02/2008 2:00 PM Stet Types: 1 Pages: 5 roc#: 0208105561 Fees 0.00 Taxes 0.00 Others 0.00 PAID $0.00 RESOLUTION NO. 099-08 RESOLUTION ORDERING THE VACATION OF THE 45-FOOT RIGHT OF WAY EASEMENT FOR QUANTICO AVENUE, SOUTH OF BRUNDAGE LANE. ~~PKF9 O .. ~-t~ ~- m ~-- r- JORIGINAL~ RESOLUTION NO. ~ 9 9 - n A RESOLUTION OF THE COUNCIL ORDERING THE VACATION OF THE 45-FOOT RIGHT OF WAY EASEMENT FOR QUANTICO AVENUE, SOUTH OF BRUNDAGE LANE WHEREAS, Delmarter and Deifel, on behalf of Bisque Realty Partners, LLC, has submitted a request to vacate the above mentioned 45-foot Right of Way Easement; and WHEREAS, the subject Easement 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 or (b) no public money was expended for maintenance of the street or highway during such period; and WHEREAS, the future extension of Quantico Avenue is no longer needed due to the current Metropolitan Bakersfield General Plan Circulation Element, which does not designate this road, at this location as a collector. Also, the right of way is not needed for access from abutting property nor for the traffic as no interchange is planned for Highway 58; 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 (Categorical Exemption) 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 June 4, 2008 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 45-foot Right of Way Easement for Quantico Avenue, South of Brundage Avenue, 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 a part hereof. 4. There is no condition for completion for the said street vacation, pursuant to Section 8324 (b) of the Streets and Highways Code of the State of the California. S:\Street Vacations\Quantico Ave\summary vacation of 45 foot right of way easement Quantico Avenue-resolution.doc _~ _ r;rn~~~ 0 4.~ 4->.. - ~ GJ ~r',;F!, 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 JUN ~ ~ ~nnA by the following vote: AYES S: ABSTAIN: ABSENT: VAN, SCRIVNER L PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Clerk he Council of the City of Bakersfield APPROVED JUN 2 5 2000 HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: S:\Street Vacations\Quantico Ave\summary vacation of 45 foot right of way easement Quantico Avenue-resolution.doc COUNCILMEMBER CARSON, BENHAM, WEIR, COOCH, HAN50N, SULLI COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~h~`r~ <~ ~'',, -2- `- ~~, c; c, EXHIBIT "A" STREET VACATION OF 45' RIGHT OF WAY EASEMENT FOR QUANTICO AVENUE Being a portion of the West '/s of Section 3, Township 30 South, Range 28 East, Mount Diablo Base and Meridian, in the County of Kern, State of California, more particularly described as follows: Commencing at the North 1/a Corner of said Section 3, also being the Northwest corner of Parcel 1 of Parcel Map No. 10949, filed for record April 19, 2005, in Book 54 of Parcel Maps at Page 4, in the Office of the Kern County Recorder; thence South 00°48'56" West, along the East line of said West 1/s of Section 3, also being the West line of said Parcel 1, a distance of 55.00 feet, to a point on the Southerly right of way of East Brundage Lane (County Road No. 547), said point also being the TRUE POINT OF BEGINNING; Thence (1) continuing South 00°48' S6" West, along said East line of the West '/s of Section 3, and said West line of Parcel 1, a distance of 359.40 feet, to the Southwest corner of said Parcel 1, said point being on the Northerly right of way of State Route VI - KER 58 ; Thence (2) North 85°16'48" West, along said Northerly right of way of State Route VI - KER 58, a distance of 45.10 feet, to a point on the Westerly right of way of Quantico Avenue, per Grant Deed recorded October 11, 1984 in Book 5700, Page 2163 and September 27, 1990 in Book 6436 at Page 1, of Official Records filed in the Office of the Kern County Recorder; Thence (3) North 00°48'56" East, along said Westerly right of way of Quantico Avenue per said Grant Deed, a distance of 355.80 feet, to a point on said Southerly right of way of East Brundage Lane; Thence (4) South 89°51'54" East, along said Southerly right of East Brundage Lane (County Road No. 547), a distance of 45.00 feet, to the TRUE POINT OF BEGINNING. Containing 16.092 Sq Ft END OF DESCRIPTION j ~',, ~:. ~- c_, ,, EXHIBIT "B " SECTION 3 T30S, R28E j NOT TO SCALE Q NORTH j IO I i I~ EXSITING CURB ~ ~ -- R~1- ~--------~ E. BRUNDAGE LN CO. RD. 547 ` (4) i VACATE 45' ROAD EASEMENT PARCEL 1 OF GRANT DEED Bk. 5700, Pg. 2163, 0. R. Bk. 6436, Pg. 1, 0. R. .~ i APN 173-20-004 ~ i i I II (2) STA TE ROUTE Vl NORTH 1 /4 CORNER OF SECTION 3, TOWNSHIP 30 SOUTH, RANGE 28 EAST, MDB TIE IN S00'48'S6"W 55.00' PARCEL 1 OF PM No. 10949 ~p LAND ~~ ~' ~`t UN APN ~0~~ OF9~~ 173 19 113 ~ o °° ~6~ F, 1 c1'je_~'_ to n4.~ - KER 58 VACATION OF 45' RIGHT OF WAY EA SEMEN T FOR QUAN TI CO AVENUE RECORDED 20__ IN BOOK AT PAGE___ OFFICIAL RECORDS OF KERN COUNTY, CALIFORNIA CITY OF BAKERSFIELD CALIFORNIA ENGINEERING DEPARTMENT DATE 05-12-08 DRAWN RS ~, ~ t>. k CHECKED ,.; ~~ ,,