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.
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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
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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 âyy1ki-
ABSENT: COUNCILMEMBER â~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
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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.
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