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HomeMy WebLinkAboutRES NO 087-09 James W. Fitch Assessor-Recorder SABRINA Kern County official hecords 7/28/2009 Recorded at the request of 1:23 PM Public Recording Requested by D O c # : 0209109556 stet Types: 1 Pages: 5 and for the benefit of: Fees 0.00 CITY OF BAKERSFIELD Taxes 0.00 And When Recorded Mail to: Others 0.00 PAID $0.00 City Clerk CITY OF BAKERSFIELD 1501 Truxtun Avenue Bakersfield, CA 93301 RESOLUTION NO. 087-09 A RESOLUTION OF THE COUNCIL ORDERING THE SUMMARY VACATION OF ANY AND ALL STREET RIGHT OF WAY FOR 20TH, S AND T STREETS AND ALL ALLEYS BOUNDED BY THE SOUTH RIGHT OF WAY OF 21sT STREET, THE NORTH RIGHT OF WAY OF 19TH STREET, THE EAST RIGHT OF WAY OF R STREET, AND THE EAST PROPERTY LINE FOR THE PROPOSED FEDERAL BUILDING PARCEL AS DESCRIBED AND SHOWN ON EXHIBITS A AND B OF DONATION AGREEMENT AND THE UNITED STATES OF AMERICA. ®~gAKF,9 . s g o 11GINAL RESOLUTION NO. 0 8 7- 0 9 A RESOLUTION OF THE COUNCIL ORDERING THE SUMMARY VACATION OF ANY AND ALL STREET RIGHT-OF-WAY FOR 20TH, "S", AND "T" STREETS, AND ALL ALLEYS BOUNDED BY THE SOUTH RIGHT-OF-WAY OF 21ST STREET, THE NORTH RIGHT-OF-WAY OF 19TH STREET, THE EAST RIGHT-OF-WAY OF "R" STREET, AND THE EAST PROPERTY LINE FOR THE PROPOSED FEDERAL BUILDING PARCEL AS DESCRIBED AND SHOWN ON EXHIBITS "A" AND "B" OF DONATION AGREEMENT BETWEEN THE CITY OF BAKERSFIELD AND THE UNITIED STATES OF AMERICA WHEREAS, the City is requesting the summary vacation of any and all street right-of-way for 20th, "S", and "T" Streets, and all alleys bounded by the South right-of- way of 21St Street, the North right-of-way of 19th Street, the East right-of-way of "R" Street, and the East property line for the proposed Federal Building parcel as described and shown on Exhibits "A" and "B" of Donation Agreement between the City of Bakersfield and the United States of America; and WHEREAS, the public road easement is eligible for Summary Vacation per Section 8334 of the Streets and Highways Code which authorizes the City Council to summarily vacate a street excess right of way of a street which is not required for street purposes; 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 June 5, 2009 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 any and all street right-of-way for 20th, "S", and "T" Streets, and all alleys bounded by the South right-of-way of 21St Street, the North right-of-way of 19th Street, the East right-of-way of "R" Street, and the East property line for the proposed Federal Building parcel as described and shown on Exhibits "A" and "B" of Donation Agreement between the City of Bakersfield and the gAK S:\Street Vacations\20th Street\Resolution.doc m U r- 0 ORIGINAL United States of America, 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 part hereof. 4. The City will be reserving a non-exclusive easement and right-of-way for public utilities over 20th Street, that portion of "S" Street between the South right-of-way of 20th Street and South right-of-way of the alley within Block 225 and 224 and the alley within Block 225 of the vacated area to lay, construct, operate, maintain, repair, reconstruct, change the size of or remove pipelines, conduit, cable, wires, poles or any other structure, fixture or equipment. The City will also reserve a temporary underground easement and right-of-way in favor of California Water Service Company for water facilities over the east 10 feet of "T" Street bounded by the south right-of-way of 20th Street and East property line of said agreement. Easement shall automatically terminate upon the relocation of water facilities and the recordation of a permanent easement. 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 JUL 1 5 2005 by the following vote: AYES: COUNCILMEMBER COUCH, CARSON, BENHAM, WEIR HANS N, SULLIVAN, SCRIVNER COUNCILMEMBER V14WV ABSTAIN: COUNCILMEMBER ✓yy1ki- ABSENT: COUNCILMEMBER ✓~DV t-- A A - Arz-119tLitl- PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Cler of the Council of the City of Bakersfield APPROVED ' JUL 15 79 ir 4f 4F HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: d2o~~ & AKF9 S:\Street Vacations\20th Street\Resolution. c - 2 - O m J p ORIGINAL EXHIBIT "A" All street right-of-way for 20th, "S", and "T" Streets, and all alleys, bounded by the South right-of-way of 21St Street; the North right-of-way of 19th Street; the East right-of-way of "R" Street and the East right-of-way of "T" Street also including those portions of 20th Street and alleys between the East right-of-way of "T" Street and the East property line for the proposed Federal Building parcel as described and shown on Exhibits "A" & "B" of the Donation Agreement between the City of Bakersfield and the United States of America filed in the office of the City Clerk of the City of Bakersfield, being portions of Blocks 214, 215, 216, 223, 224 and 225 per Map of the City of Bakersfield filed for record November 11, 1898 in Map Book 1, Page 13 and 14 also shown on Map of the City of Bakersfield filed January 1, 1889 in Map Book 1, Page 15 and 16, in the office of the Kern County Recorder, also being a portion of the Northeast quarter of Section 30, Township 29 South, Range 28 East, M.D.M., in the City of Bakersfield, County of Kern, State of California. Reserving a non-exclusive easement and right-of-way for public utilities over 20th Street, that portion of "S" Street between the South right-of-way of 20th Street and South right-of-way of the alley within Block 225 and 224 and the alley within Block 225 of the vacated area to lay, construct, operate, maintain, repair, reconstruct, change the size of or remove pipelines, conduit, cable, wires, poles or any other structure, fixture or equipment. Reserving a temporary underground easement and right-of-way in favor of California Water Service Company for water facilities over the east 10 feet of "T" Street bounded by the south right-of-way of 20th Street and the East property line of said donation agreement. Easement shall automatically terminate upon the relocation of water facilities and the recordation of a permanent easement. ~„`I UNpF9 ~F,~ . L 7 ° F ~ OF CRL1F~ ~gAKF9 -3- S:\Street Vacations\20th Street\Exhibit A.doc T r v v ORIGINAL $I ~ 8 p M 44- Q ~ 0 0 u)d- F d--1 2 oV y O U U. U U !E }aaa}S if n.. w ~ ~ w m a ~ O m N ~3 ~ N N m N ~ os m ~ m }S if ~,MS 22) ON Y 4) a~ U) LO . w N O N CUO a O N' (n Fn m L N :N > Z }Dail S ..S.. o w O IL O r' w O N m Na m ; N O 2) cn N o`~gAK~9~ y 1 m U r- b