HomeMy WebLinkAboutRES NO 144-09
James W. Fitch Assessor-Recorder SABRINA
Kern County Official hecords 1212212009
Recorded at the request of 10:49 AM
Public
Recording Requested by Stat Types: 1 Pages: 6
and for the benefit of: D O C # : 0209186855
CITY OF BAKERSFIELD Fees 0.00
And When Recorded Mail to: Taxes 0.00
Others 0.00
City Clerk PAID $0.00
CITY OF BAKERSFIELD
1600 Truxtun Avenue
Bakersfield, CA 93301
RESOLUTION NO. 144-09
A RESOLUTION OF THE COUNCIL ORDERING THE VACATION OF THE
REMAINING DEDICATION OF COMANCHE DRIVE (OLD ALIGNMENT)
SOUTH OF STATE HIGHWAY 178
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ORIGINAI
RESOLUTION NO. .14 4 - 0 9
A RESOLUTION OF THE COUNCIL ORDERING THE
VACATION OF THE REMAINING DEDICATION OF
COMANCHE DRIVE (OLD ALIGNMENT), SOUTH OF
STATE HIGHWAY 178
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. 1644 declaring its intention to order the vacation of the remaining dedication of
Comanche Drive (old alignment), south of State Highway 178; 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 26, 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 the remaining dedication of Comanche Drive
(old alignment), south of State Highway 178, 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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ORIGINAI
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 1 6 7009 by the following vote:
COUNCILMEMBER COUCH CA ON, BENHAM, WEIR SULLIVAN, SCRIVNER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
BSENT: COUNCILMEMBER hSt~Y~
LJl ~
PAMELA A. MCCARTHY, CM
CITY CLERK and Ex Officio C"ferk of the
Council of the City of Bakersfield
APPROVED OEC I 6 2009
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By:
SHUA RUDNICK
L14,6- puty 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, South17°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°3546" West, a distance of 248.60 feet;
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SAStreet Vacations\Old Comanche Drive\Exhibit A.doc
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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 3point 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 O
ORIGINAL
EXHIBIT vBV
60' Public Utilities Easement
Reservation
30' APN
387-150-27
Remainder of
Comanche Drive "~PN
(old alignment) 387-150-26
to be vacated
APN
387-150-24
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Existing Dediication
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Tentative Tract 6485 E 1/4 CORNER
Section 16 29/29
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' NOT TO SCALE
RECORDED 20_ CITY OF BAKERSFIELD ATE 10-19-09
IN BOOK AT PAGE.. CALIFORNIA DRAWN BW
OFFICIAL RECORDS OF
ERN COUNTY, CALIFORNIA ENGINEERING DEPARTMENT CHECKED
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ORIGINAL