HomeMy WebLinkAboutRES NO 140-09
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 # : 0209186875 scat Types: 1 Pages: 5
and for the benefit of: Fees 0.00
CITY OF BAKERSFIELD Taxes 0.00
And When Recorded Mail to: Others 0.00
PAID $0.00
City Clerk
CITY OF BAKERSFIELD
1600 Truxtun Avenue
Bakersfield, CA 93301
RESOLUTION NO. 140-09
A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO
ORDER THE VACATION OF BEALE AVENUE (OLD ALIGNMENT) FROM THE
NORTH RIGHT OF WAY OF EAST TRUXTUN AVENUE TO THE NORTH
RIGHT OF WAY OF THE BNSF RAILROAD
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ORIGINAI
RESOLUTION NO. 140- 09
RESOLUTION OF THE COUNCIL DECLARING ITS
INTENTION TO ORDER THE VACATION OF BEALE
AVENUE (OLD ALIGNMENT) FROM THE NORTH
RIGHT OF WAY OF EAST TRUXTUN AVENUE TO THE
NORTH RIGHT OF WAY 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. 1648 declaring its intention to
order the vacation of Beale Avenue (old alignment) from the north right of way of East Truxtun
Avenue to the north right of way 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 27, 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 Beale Avenue (old alignment) from the north right of
way of East Truxtun Avenue to the north right of way 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. Easements for public utilities, including City sewer, will be provided over those areas of
the vacated streets as shown on Exhibits A and B and as needed.
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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ORIGINAL
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 j 6 znon by the following vote:
✓ ✓ ✓ ✓ ✓
YES' COUNCILMEMBER COUCH, CARSON, BENHAM, WEIR, SULLIVAN, SCRIVNER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
e!) COUNCILMEMBER QnSm
L3b,..,L A. (n--6~
PAMELA A. McCARTHY, CM
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED DEC j 2
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: vim----
OSHUA RUDNICK
Deputy City Attorney
Attachments: Exhibit "A"
Exhibit "B"
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G:\sub\SHARED\Street Vacations\Beale & Truxtun RR\ROI 1648 Final - Resoluton.doc ;D2 - C
ORIGINAL.
EXHIBIT "A"
"BEALE AVENUE AT BURLINGTON NORTHERN SANTA FE RAILROAD"
STREET VACATION
A parcel 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 January 12, 1889, in Book 1 of Maps at Pages 15 & 16, in
the Office of the County Recorder of the County of Kern, located in the northwest 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:
Commencing at the northwest corner of Lot 12, Block 127 as shown on said map, said point also
being a point on the easterly right of way line of Beale Avenue, said point also being THE TRUE
POINT OF BEGINNING;
(1) Thence South 16° 51' 54" West, on and along said east right of way line, a distance of
173.35 feet, to the southwest corner of Lot 16, Block 127, as described in Grant Deed, recorded
in Document No. 0207161920 of Official Records in the Office of the County Recorder of the
County of Kern;
(2) Thence North 64° 00' 58" West, departing said right of way line, a distance of 50.64 feet,
to a point on the centerline of Beale Avenue;
(3) Thence North 55° 02' 42" West, departing said centerline, a distance of 52.60 feet, to a
point on the west right of way line of Beale Avenue, as shown on said Map;
(4) Thence North 16° 51' 54" East, on and along said west right of way line, a distance of
136.82 feet;
(5) Thence North 8V 53' 31" East, departing said right of way line, a distance of 123.55 feet,
to a point on the east right of way line of Beale Avenue, as described in Resolution No. 73-77,
recorded in Official Records in Book 5049 at Pages 92 thru 94, in the Office of the County
Recorder of the County of Kern, said point also being where the centerline of East 19th Street
intersects said east right of way;
(6) Thence South 33° 34' 06" West, on and along said east right of way line, a distance of
41.76 feet; to THE TRUE POINT OF BEGINNING;
"An easement for Public Utilities is to be reserved over the vacated area of Beale Avenue"
Containing 17,642.64 square feet (more or less)
END OF DESCRIPTION UIV,~9~ 6® z
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EXHIBIT "B'~
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RECORDER
MEMO.
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'ORIGINAIC