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HomeMy WebLinkAboutROI NO 1644 RESOLUTION OF INTENTION NO. 1644 A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO ORDER THE VACATION OF THE REMAINING DEDICATION OF COMANCHE DRIVE (OLD ALIGNMENT), SOUTH OF STATE HIGHWAY 178 WHEREAS, the City has received a request for the vacation of the remaining dedication of Comanche Drive (old alignment), south of State Highway 178; 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, in accordance with Bakersfield Municipal Code Section 2.28.120, the proposed vacation was found to be consistent with the Metropolitan Bakersfield General Plan pursuant to Government Code 65402 by the Planning Director on October 26, 2009. 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 intends to order the vacation of the remaining dedication of Comanche Drive (old alignment), south of State Highway 178, all 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 proposed area to be vacated shall be reserved as a non-exclusive easement for public utility purposes. 5. 6:30 PM on Wednesday, December 16, 2009, in the Council Chambers, City Hall, 1501 Truxtun Avenue, Bakersfield, California, is hereby fixed as the time and place when all persons interested in or objecting to the proposed vacation may appear before the City Council and be heard. 6. The City Clerk shall cause notice of the date, hour, and place of said hearing on this Resolution to be published for two successive weeks prior thereto in The Bakersfield Californian and the Superintendent of Streets of the City of Bakersfield, California, shall cause "Notice of Vacation" to be posted as required by Section 8323 of the Streets and Highways Code of the State of California. t 0R1(3ei\,AL GAsub\SHARED\Street Vacations\OId Comanche Drive\ROI 1644.doc _ j _ 7. The City Clerk shall certify to the passage of this resolution and shall cause the same to be posted on the bulletin board at City Hall, 1600 Truxtun Avenue, in the City of Bakersfield, within fifteen (15) days after its passage. ---------------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 NOV 0 4 tam by the following vote: AYE COUNCILMEMBER COUCH, CARSON, BENHAM, WEIR, HANSON, SULLIVAN, SCRIVNER S: COUNCILMEMBER A ffh¢ ABSTAIN: COUNCILMEMBER rX iY\Q_ ABSENT: COUNCILMEMBER rX '~Alwj I, z f L-z - PAMELA A. McCARTHY, CV CITY CLERK and Ex Officio rk of the Council of the City of Bakersfield APPROVED NOV 0 4 2009 HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: 12a, a, 0utveputy A RUDNICK City Attorney Attachments: Exhibit "A" Exhibit "B" s, r- o ORi';1r`!AL G:\sub\SHARED\Street Vacations\Old Comanche Drive\ROI 1644.doc -2- EXHIBIT "A" That parcel of land being a portion of Southeast quarter of the Northeast quarter of Section 16, Township 29 South, Range 29 East, Mount Diablo Base and Meridian, in the County of Kern, State of California, more particularly described as follows: Commencing at the East quarter corner of said Section 16, point also being the Southeast corner of Parcel Map 672 recorded November 28, 1972 in Book 4 of Parcel Maps, Page 8, thence North 00°10'36" West, a distance of 14.34 feet along the East line of said Northeast quarter and East line of said parcel map to the old centerline of Comanche Road, thence North 33°35'46" West along said old centerline a distance of 572.19 feet the south Right of Way of State Route 178 said point being 40 feet south of the centerline of State Route 178 and the TRUE POINT OF BEGINNING; Thence (1) North 68°44 38" East, along said south right of way a distance of 50.71 feet; Thence (2) departing said south right of way, Southl7°34'26" West, a distance of 25.08 feet; Thence (3) South 33°25'46" East, a distance of 235.47 feet to the beginning of a tangent curve concave Northeasterly having a radius of 25.00 feet; Thence (4) along said curve, through a central angle of 42°50'00", an arc distance of 18.69 feet to the beginning of a reverse curve, concave Northwesterly having a radius of 50.00 feet, radial to said point bears North 13°34'14" East; Thence (6) Southerly and Northerly along said curve through a central angle of 265°40'00", an arc distance of 231.84 feet to the beginning of a reverse curve concave Northwesterly with a radius of 25.00 feet, radial to said point bears North 80°45'46" West; Thence (7) Northerly along said curve through a central angle of 42°50'00", an arc distance of 18.69 feet; Thence (8) North 33°35'46" West, a distance of 248.60 feet; rn SAStreet Vacations\Old Comanche Drive\Exhibit A.doc Thence (9) North 72°25'34" West a distance of 31.16 feet to a point on the Southerly right of way of said State Route 178; Thence (10) North 68°44'38" East along said Southerly right of way of State Route 178, a distance of 50.71 feet to the point of beginning; Reserving a 60 foot wide easement for public utilities 30 feet East and West of the centerline within in vacated portion as shown on Exhibit "B". Containing 0.56 Acres. rn SAStreet Vacations\Old Comanche Drive\Exhibit A.doc J o oni( ii`'-AL EXHIBIT "B" 60' Public Utilities Easement N Reservation APN j" 387-150-27 Remainder of Comanche Drive "APN I (old alignment) 387-150-26 to be vacated APN 1 387-150-24 % Existing Dediication Tentative Tract 6485 E 1/4 CORNER Section 16 29/29 a~ 0) U ; C o NORTH NOT TO SCALE RECORDED 20 CITY OF BAKERSFIELD DATE 10-19-09 IN BOOK AT PAGE_ CALIFORNIA DRAWN BW OFFICIAL RECORDS OF ERN COUNTY, CALIFORNIA ENGINEERING DEPARTMENT CHECKED CD AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 9th day of November, 2009 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1644, passed by the Bakersfield City Council at a meeting held on the 4th day of November, 2009 and entitled: A RESOLUTION OF THE COUNCIL DECLARING IT'S INTENTION TO ORDER THE VACATION OF THE REMAINING DEDICATION OF COMANCHE DRIVE (OLD ALIGNMENT), SOUTH OF STATE HIGHWAY 178 PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield . By. nl~ 17M. L-AG6$J DEP City C rk SAD0CUMENl1F0RMSW0P. R01.wpd ORIGINAL