HomeMy WebLinkAboutRES NO 088-09
James W. Fitch Assessor-Recorder SABRINA
Kern County Official Records 7/31/2009
Recorded at the request of 12:50 PM
Recording Requested by Public
and for the benefit of: p O c # : 0209111810 Mat Types: 1 Pages: 6
CITY OF BAKERSFIELD
And When Recorded Mail to: Fees 0.00
Taxes 0.00
City Clerk Others 0.00
CITY OF BAKERSFIELD PAID $0.00
1501 Truxtun Avenue
Bakersfield, CA 93301
RESOLUTION NO. 088-09
A RESOLUTION OF THE COUNCIL ORDERING THE VACATION OF A
PORTION OF 14TH STREET, 13TH STREET, R STREET AND ALLEY WEST OF
R STREET.
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ORIGINAL
RESOLUTION NO. 0818-09
A RESOLUTION OF THE COUNCIL ORDERING THE VACATION
OF A PORTION OF 14TH STREET, 13TH STREET, R STREET AND
ALLEY WEST OF R STREET
WHEREAS, on WEDNESDAY, June 10, 2009, 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. 1634
declaring its intention to order the vacation of a portion of 14th Street, 13th Street, R
Street and alley west of R Street to accommodate the Creekview Villas, South Mill
Creek Apartments and Mill Creek Courtyard projects; 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 July 15,
2009, 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 March 24, 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 a portion of 14th Street, 13th Street, R Street
and alley west of R Street to accommodate the Creekview Villas, South Mill Creek
Apartments and Mill Creek Courtyard projects, 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.
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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 M. tH! by the following vote:
AYES-) COUNCILMEMBER COUCH, CARSON, BENHAM, WEIR, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER Vwyt✓
ABSTAIN: COUNCILMEMBER rvON2
ABSENT: COUNCILMEMBER VAX)Nt
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PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio CIA of the
Council of the City of Bakersfield
APPROVED JUL 1 5 2009
V V,
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By:
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EXHIBIT "A"
LEGAL DESCRIPTION FOR PUBLIC STREET AND ALLEY VACATION
Being a portion of 13th Street, 14th Street and "R" Street of map book 1 at pages 15 and 16 recorded January 12,
1889, formerly known as "The Town of Kern", along with that portion of Alley in Block 374 between said 13th
Street and said 14th Street of said map and more particularly described as follows:
Commencing at the centerline intersection of California Ave and "S" Street as marked by a concrete monument
with pin in lamphole, thence North 00°00'01" East along the centerline of said "S" Street, a distance of 750.65
feet to a point on the easterly prolongation of the North right-of-way of said 14th Street; Thence North
89°59'44" West along said easterly prolongation, a distance of 41.25 feet to a point on the West right-of-way
line of said "S" street and the point of beginning;
Thence (1) South 00°00'01" West along said west right-of-way line, a distance of 82.50 feet to the South
right-of-way of said 14th Street;
Thence (2) North 89°59'44" West along said South right-of-way, a distance of 264.07 feet to the East right-
of-way of "R" Street;
Thence (3) South 00°00' 15" West along said East right-of-way of "R" Street, a distance of 115.47 feet to the
North line of the alley within said Block 374;
Thence (4) South 89°59'38" East along said North line of said alley, a distance of 264.08 feet to the West
right-of-way of said "S" Street;
Thence (5) South 00°00'02" East along said West right-of-way, a distance of 33.00 feet to the South line of
said alley;
Thence (6) North 89°59'38" West along said South line, a distance of 264.08 feet to the East right-of-way of
said "R" Street;
Thence (7) South 00°00' 15" West along said "R" Street, a distance of 197.97 feet to a point on the easterly
prolongation of the south right-of-way line of said 13th Street;
Thence (8) North 89°59'32" West along said easterly prolongation and said south right-of-way line of 13th
Street, a distance of 134.62 feet to the East boundary line of the Kern Island Canal;
Thence (9) North 01°09'06" West along said East boundary line, a distance of 82.52 feet to the intersection
of said East boundary line and the North right-of-way of said 13th Street;
Thence (10) South 89°59'32" East along said North right-of-way, a distance of 53.79 feet to the West right-
of-way of said "R" Street;
Thence (11) North 00°00' 15" East along said West right-of-way, a distance of 346.43' to the North right-of-
way of said 14th Street;
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Thence (12) South 89°59'44" East along said North right-of-way a distance of 346.56 feet to the point of
beginning.
Contains 70,255 sq ft more or less.
Reserving an easement for public utilities and ingress and egress for public access, more particularly described
as follows and as shown on Exhibit "B":
1. The South 46.50 feet of the North 60.50 feet of 14th Street.
2. The South 327.19 feet of the North 387.69 feet of the West 25.00 feet of "R" Street.
3. The South 41.25 feet of the South 428.93 feet of "R" Street.
Reserving a nonexclusive easement and right-of-way for public utilities over, on and under that portion of 14th
Street in said Block 374 to lay, construct, operate, maintain, repair, reconstruct, change the size of, remove
pipelines, conduits, cable, wires, poles or any other structure, fixture or equipment, more particularly described
as follows and as shown on Exhibit "B":
1. The South 22.00 feet of the East 180.00 feet of 14th Street.
Reserving an easement for Maintenance and Access to the Kern Island Canal in favor of the City of Bakersfield
and Kern Delta Water Storage District, more particularly described as follows and as shown of Exhibit "B"
1. The North 20.00 feet of the South 30.00 feet of 13th Street. The sidelines of said easement to be
lengthened or shortened as to terminate on the West right-of-way line of "R" Street and the East
boundary Line of the Kern Island Canal.
Reserving a temporary sewer easement and right-of-way in favor of the City of Bakersfield for sewer facilities
over a 15.00-foot wide strip of land, lying 7.50 feet on either side of the centerline of the Alley in said Block
374 and the westerly prolongation thereof. The sidelines of said 15.00-foot wide strip to be lengthened or
shortened as to terminate on the West right-of-way line of "S" Street and the East line of the West 25 feet of
"R" Street. Easement shall automatically terminate upon the relocation of sewer facilities and/or recordation of
a permanent easement.
QROFESS/OA/
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RCE 33448
* EXP. 6-30-10
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"THIS MAP IS PROVIDED FOR I POINT OF i BEGINNING f I
ILLUSTRATIVE PURPOSES ONLY." APN i APN
APN 006-352-03 1006-352-02
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006-352-07
1006-360-20,_ L12 -L13
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14TH STREET
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25' I 180' N / I
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006-491-03
CD J a RC 33 48 m I-
I * Exp. 6-30-10 * BLOCK 374 I W I
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Q 00 LINE TABLE
co LINE BEARING LENGTH I
o I L1 S 00'00'01" W 82.50'
0
` L2 N 89'59'44" W 264.07'
-41.25' J L3 S 00'00 15 W 115.47'
L10 L4 S 89'59'38" E 264.08' o
L5 S 00'00'02" E 33.00' p
I O I
25' I L6 N 89'59'38" W 264.08, O
Z I
L7 S 00'00'15" W 197.97'
O O
M N L8 N 89'59'32" W 134.62' I
L9 N 01'09'06" W 82.52' I
N
L10 S 89'59'32" E 53.79'
L11 N 00'00'15" E 346.43' I
Q~ O OHO L8 L12 S 89'59'44" E 346.56'
Q I I L13 N 89'59'44" W 41.25'
® PUBLIC UTITLITY EASEMENT POINT OF COMMENCEMENT
® PUBLIC ACCESS AND UTILITY EASEMENT CALIFORNIA AVE
® TEMPORARY SEWER EASEMENT
O MAINTENANCE AND ACCESS EASEMENT
SHEET DATE 07/1412009
AJOBNo, 088--22276 76
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EXHIBIT "B"
P111-I:N61NEER. - PORTER & ASSOCIATES INC
1 DRAFTSMEN R V SOUTH MILL CREEK ENGINEERING & SURVEYING , n~
1200 21st Street. Bakersfield, Calilomia 9331!!
DATEEE"E BY. BAKERSFIELD, CA 661.327 0362 FAX 661327 1 B65
OF 1 SHEETS r
ORIGINAL