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HomeMy WebLinkAboutRES NO 158-98PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: James Hap les Assessor -Recorder Kern County' 0ffioial Records DOCUMENT ~ :0198164695 Other TOTAL PAID SABRINA Pages: 6 1/25/1998 1:2e:32 Star Types: I THIS SPACE FOR RECORDER'S USE ON'¥ THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) DOCUMENT TITLE RESOLUTION NO. 1 ~ 8 ' 9 8 A RESOLUTION ORDERING THE VACATION OF SUPERSEDED ROAD RIGHT OF WAY ON COFFEE ROAD SOUTHERLY OF ROSEDALE HIGHWAY IN THE CITY OF BAKERSFIELD. WHEREAS, on WEDNESDAY, OCTOBER 21, 1998, 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of California, passed and adopted Resolution of Intention No. 1181 declaring its intention to order the vacation of superseded read right of way on Coffee Road southerly of Rosedale Highway in the City of Bakersfield; and WHEREAS, for the above-described project, it was determined that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 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 General Plan; and WHEREAS, said Council did fix a time and place for hearing all persons interested in or objecting to said proposed vacation, which hearing was held on Wednesday, November 18, 1998, after notices were duly published and posted as required by law. 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. The superseded read right of way on Coffee Road southerly of Rosedale Highway in the City of Bakersfield, more particularly described in Exhibit "A" attached hereto, is unnecessary for present or perspective use for public road purposes and is hereby vacated subject to the condition enumerated herein. A nonexclusive easement shall be reserved for public utilities purposes in, under, over, and upon the entire above described public read right of way Page 1 of 3 area and full access for utilities shall be maintained to the greatest extent possible. Any superseded or diminished portion of the reserved public utilities easement (Item 3) 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. Dedication of an adequate easement if any relocated public utility facilities extend through private 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. The City Clerk shall certify to the passage of this Resolution and shall cause a certified copy hereof, attested by the Clerk under seal of the City, to be recorded in the Office of the County Recorder of the County of Kern, California. ......... -000 ......... G:\GROUPDAT~RESOLUTI\1998\Resolution 1181 Coffee Rd Superseded ROW 11-4.wpd Page 2 of 3 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Bakersfield at a regular meeting thereof held on N0~/ 1 $ 1998 , by the following vote: AYES: ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCIL MEMBER ABSTAIN: ABSENT: COUNCIL MEMBER CARSON, DEMOND, SMITH, MCDERMO'I-I', COUNCIL MEMBER A/~ ~. COUNCIL MEMBER /V0~ CITY CLERK and Ex Officio C~rk of the Council of the City of Bakersfield APPROVED NOV [$1998 MAYO~ of the City of Bakersfield APPROVED astoform: CITY ATTORNEY'S OFFICE of the City of Bakersfield Page 3 of 3 EXHIBIT "A" COFFEE ROAD SUPERSEDED RIGHT OF WAY That portion of the Northwest 1/4 of Section 28, Township 29 South, Range 27 East, M.D.M., City of Bakersfield, County of Kern, State of California, more particularly described as follows: Commencing at the Northwest corner of said Section 28; Thence South 00049' 38" West, along the West line of said section, a distance of 1073.41 feet; Thence South 89o 10' 22" East, 55.00 feet to a point on the East right of way line of Coffee Road as per that strip of land conveyed to the County of Kern by Grant Deed recorded January 29, 1981 in Book 5348, Page 432, in the Office of the Kern County Recorder, all dght, title, and interest conveyed by said Grant Deed being subsequently vested in the City of Bakersfield by annexation of the territory May 22, 1986, said point being the TRUE POINT OF BEGINNING; Thence South 00© 49' 38" West, along said right of way line, 249.26 feet to intersect the South line of the Northwest 1/4 of the Northwest 1/4 of said Section 28; Thence North 89° 09' 07" West, along said South line, 55.00 feet to intersect the West line of said Section 28; Thence departing said section line, North 23© 51' 00" East, 34.37 feet to the beginning of a non-tangent 1768.00 foot radius curve, concave northwesterly, having a radial bearing of South 74° 54' 08" East to said beginning of curve; Thence northeasterly along said curve through a Central angle of 07© 09' 49" an arc distance of 221.05 feet; Thence North 48© 29' 26" East, 0.79 feet to the TRUE POINT OF BEGINNING. Containing 5,593 Square Feet (more or less) G:~GROUPDA~legal~1998\Ron~Coffee Rd Superseded ROW EXH A,wpd Z I I,,4C. . . IIWY. 5. 7,5'~ C. 4.$AC 1.5AC/ / / / / I / / SCALE: ,"=2oo' / / VACATION OF SUPERSEDED ROAD RIGHT OF WAY ON COFFEE ROAD SOUTHERLY OF ROSEDALE HIGHWAY CITY OF BAK£RSFIEI..D ~,,~ CALIFORNIA ...,~. ,.'r.-¥. ENGINEERING DEPARTMENT