HomeMy WebLinkAboutRES NO 196-08Recording 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
RecoMed at the request of
Public
SABHINA
11/28/2008
8:07 AM
roc#: 0208183603
RESOLUTION NO. 196-08
Stat Types: 1 Pages: 5
Fees 0.00
Taxes 0.00
Others 0.00
PAID $0.00
RESOLUTION OF THE COUNCIL ORDERING THE VACATION OF THE 82.5
FOOT WIDE 17T" STREET LOCATED BETWEEN R STREET AND S STREET
FOR THE DEVELOPMENT OF THE MILL CREEK LINEAR PARK PHASE 5A.
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RESOLUTION NO. l 9 6 ~ ~
A RESOLUTION OF THE COUNCIL ORDERING THE VACATION OF
THE 82.5-FOOT WIDE 17T" STREET LOCATED BETWEEN "R" STREET AND "S"
STREET FOR THE DEVELOPMENT OF THE MILL CREEK LINEAR PARK PHASE
5A
WHEREAS, on WEDNESDAY, October 22, 2008, 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. 1624 declaring its intention to order the vacation of the 82.5-foot wide 17th Street
between "R" Street and "S" Street for the Mill Creek Linear Park phase 5A; 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
November 19, 2008, 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 13, 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 82.5-foot wide 17th Street between "R"
Street and "S" Street 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.
S:\Street Vacations\17th Street Between R St-S St\ROI Start Process\4 ROI 1624 17th Street Vacation Final - - 1 - ~ '~`
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I HEREBY
Council NBV
CERTIFY
the City
1 9 2008
that the foregoing Resolution was passed and adopted by the
of Bakersfield at a
_ by the following vote:
regular meeting thereof held on
A S:
S:
ABSTAIN:
ABSENT:
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COUNCILMEMBER COUCH, CARSON, BENHAM, WEIR, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER __ (A.D~¢_
COUNCILMEMBER N.@x4-
000NCILMEMBER I/LB'Yt2._
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED NOV 1 g
HARVEY L.liALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: ~'
S:AStreet Vacations\17th Street Between R St-S St\ROI Start Process\4 ROI 1624 17th Street Vacation Final -
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EXHIBIT "A"
STREET VACATION -17TH STREET BETWEEN R AND S STREETS
LEGAL DESCRIPTION
PARCEL "A"
All that portion of real property in the Southeast Quarter of Section 30, Township 29 South, Range 28
East in the City of Bakersfield, County of Kern, State of California, more particularly described as
follows:
Commencing at the monumented intersection of the centerlines of R Street and 17th Street, thence
N45°50'33"E 58.35 feet to a point which is the southwest corner of Lot 5 of Block 265 as shown on
the "Map of Bakersfield, Kern County, California", filed in the office of the County Recorder of Kern
County, August 17, 1875, said point is the True Point of Beginning and is the beginning of a non-
tangent curve concave to the northwest, having a radius of 88.41 feet and whose radial bears
N85°26'44"W to the center point;
Thence along said curve an arc length of 127.69 feet and through a central angle of 82°45'24" to a
point on the south right of way line for 17th Street as shown on said Map of Bakersfield;
Thence along said south right of way line and along the north boundary line of Block 294 per said
Map of Bakersfield, 589° 10'05 "E 199.14 feet;
Thence perpendicular to the north right of way line for 17th Street as shown on said Map of
Bakersfield, NO°49'55"E 82.50 feet to a point on said north right of-way line also being a point on
the east right of way line of the Kern Island Canal;
Thence along said north right of way line and along the south boundary lines of Lots 5 and 6 of Block
265 per said Map of Bakersfield, N89°10'05"W 116.35 feet to the True Point of Beginning and the
end of this description.
Described parcel contains 11,246 square feet more or less.
Reserving a nonexclusive easement and right-of--way for public utilities over the vacated area, on,
and under to lay, construct, operate, maintain, repair, reconstruct, change the size of or remove
pipelines, conduits, cable, wires, poles or any other structure, fixture or equipment.
Also reserving an exclusive easement and right-of--way for public park purpose over, on, and under to
construct, operate, maintain or repair any park structure or equipment.
Basis of Bearings: The north line of Section 30, T29S, R28E, MDM per Kern County Survey
Investigation and Perpetuation Map, Map No. 7-1 Bk. 6 Page 108. Said north line bears North
89° 12' 18" West. /,~
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