HomeMy WebLinkAboutRES NO 141-09
James W. Fitch Assessor-Recorder SABRINA
' Kern County Official Records 12122/2009
Recorded at the request of 11:02 AM
Public
Recording Requested by D O c # : 0209186876 slat Types: 1 Pages: 5
and for the benefit of:
CITY OF BAKERSFIELD Fees 0.00
Taxes 0.00
And When Recorded Mail to:
Others 0.00
City Clerk PAID $0.00
CITY OF BAKERSFIELD
1600 Truxtun Avenue
Bakersfield, CA 93301
RESOLUTION NO. 141-09
A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO
ORDER THE VACATION OF THAT PORTION OF RIGHT OF WAY OF E. 21sT
STREET AND GAGE STREET TO 10' NORTH AND 10' SOUTH OF THE
CENTERLINE OF THE EXISTING TRACKS OF THE BNSF RAILROAD
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ORIGINAI
RESOLUTION NO. 1 4 1" 09
RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO ORDER
THE VACATION OF THAT PORTION OF RIGHT OF WAY OF E. 21sT
STREET AND GAGE STREET TO 10' NORTH AND 10' SOUTH OF THE
CENTERLINE OF THE EXISTING TRACKS OF THE BNSF RAILROAD
WHEREAS, on Wednesday, November 4, 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. 1649 declaring its intention to
order the vacation of that portion of right of way of E. 21 st Street and Gage Street to 10' north
and 10' south of the centerline of the existing tracks of the BNSF Railroad; 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 December 16, 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 October 9, 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 that portion of right of way of E. 21St Street and
Gage Street to 10' north and 10' south of the centerline of the existing tracks of the BNSF
Railroad, 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 proposed area to be vacated shall be reserved as a non-exclusive easement for
public utility purposes.
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.
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ORIriNAL
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
DEC 16 20og by the following vote:
YE COUNCILMEMBER COUCH, CARSON, BENHAM, WEIR, SULLIVAN, SCRIVNER
NOES: COUNCILMEMBER
AB IN: COUNCILMEMBER
BSEN COUNCILMEMBER U~CI
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PAMELA A. McCARTHY, CI
CITY CLERK and Ex Officio erk of the
Council of the City of Bakersfield
APPROVED DEC 1 6 2009
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By:
OSHUA RUDNICK
Deputy City Attorney
Attachments: Exhibit "A"
Exhibit "B"
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EXHIBIT "A"
"GAGE STREET/EAST 21sT STREET AT
BURLINGTON NORTHERN SANTA FE RAILROAD"
STREET VACATION
A strip of land situated in the City of Bakersfield and being a portion of the former Town of Kern, as
shown on that map filed on April 10, 1893, in Book 1 of Maps at Pages 53 & 54, in the Office of the
County Recorder of the County of Kern, located in the northeast quarter, of the southeast quarter of
Section 29, Township 29 South, Range 28 East, Mount Diablo Base and Meridian, in the City of
Bakersfield, County of Kern, State of California, more particularly described as follows:
A strip of land 39 feet wide, which southerly line is parallel with and measured 12 feet southeasterly of
the Burlington Northern Santa Fe Railroad Company's most southerly Main Track centerline, and
bound on the west by the west right of way line of Gage Street, also being the easterly boundary of
Block 105 per said map, and bound on the east by the north right of way line of East 21St Street, also
being the southerly boundary of Block 97 per said map;
Which northerly line is parallel with and measured 39 feet northeasterly from the southerly line, and is
bound on the west by the south right of way line of East 21st Street, also being the northerly boundary
of Block 105 per said map, and bound on the east by the north right of way line of East 21St Street, also
being the southerly boundary of Block 97 per said map;
"An easement for Public Utilities is to be reserved over the
vacated area of Gage Street and East 21St Street"
Containing 8,030.08 square feet (more or less)
END OF DESCRIPTION
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