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.
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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.
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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
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"
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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;
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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.
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SAStreet Vacations\Old Comanche Drive\Exhibit A.doc J o
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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
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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
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