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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 o~~AK~9J T N ca C: 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. o~gAKF9 s~ G:\sub\SHARED\Street Vacations\Gage & 21st RR\ROI 1649 Final - Resolution.doc > - 1 - m r v ~ 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 • (r IG~ 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" s o~~PKF9.r G:\sub\SHARED\Street Vacations\Gage & 21st RR\ROI 1649 Final - Resolution.doc - 2 - J O ORIGIMaI 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 ~1 A p UIV 0 67 . ~'OF CAUF o`~~AKF9~ r m r- Page 1 of 2 ORiriNAI ~ .;Is- I r r "L! { -DL H w,. 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