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Home My WebLink AboutROI NO 1258RESOLUTION OF INTENTION NO. 1258 A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF OLD (SUPERSEDED) COFFEE ROAD SOUTH OF THE BURLINGTON NORTHERN SANTA FE RAILWAY WHEREAS, The City of Bakersfield Public Works Department, submitted a request for the vacation of a portion of Old (superseded) Coffee Road south of the Burlington Northern Santa Fe Railway; and WHEREAS, for the above-described project, it was determined that the proposed vacation is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, at its meeting on October 18, 2001, the vacation was duly heard and considered by the Planning Commission and found to be consistent with Metropolitan Bakersfield 2010 General Plan. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are tree and correct and are incorporated herein. This Resolution is adopted pursuant to Section 8300, et seq. of the Streets and Highways Code of the State of California. The Council intends to order the vacation of a portion of Old (superseded) Coffee Road south of the Burlington Northern Santa Fe Railway in the City of Bakersfield, County of Kern, State of California, more particularly described in Exhibit "A" attached hereto and made a part hereof by this reference. Public utility easement rights shall be reserved within said vacating area as described in said Exhibit "A". An access easement for the Burlington Northern Santa Fe Railway Company and all adjacent property owners (present or future) for ingress, egress and road purposes shall be reserved within said vacating area as described in said Exhibit "A". Access rights for emergency fire protection services shall also be reserved over this access easement. G:\GROUPDATxADM [N RPTx2001 \Oct24\Resolution 1258.wpd -1- OR1GINAL 7:00 PM on Wednesday, November 28, 2001, 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. 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. The City Clerk shall certi~ to the passage of this resolution and shall cause the same to be posted on the bulletin board at City Hall, 1501 Truxtun Avenue, in the City of Bakersfield, within fifteen (15) days after its passage. ............... oO0 ............... G:\GROUPDAT~ADMIN RPT~2001 \Oct 24\Resolution 1258.wpd -2- ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Bakersfield at a regular meeting thereof held on OCT ~ ~. ?_~1 , by the following vote: AYES: NOES: ABSTAIN: COUNCILMEMBER i~TC~-f"~ ABSENT: COUNClLMEMBER ~ z'K:)~%.P~ COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER Council of the City of Bakersfield APPROVED OCT 2,,~ ~0~1 MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY of the City of Bakersfield G:\GROUPDAT~DMINRPT~200 l/Oct24'~Resolution 125g,wpd -3- ORIGINAL EXHIBIT "A" VACATION OF A PORTION OF OLD COFFEE ROAD SOUTH OF THE BNSF RAILWAY That strip of land being a portion of the west ½ of Section 28 and east ½ of Section 29, T. 29 S., R. 27 E., M.D.M., City of Bakersfield, County of Kern, State of Califomia, more particularly described as follows: Beginning at a point on the east line of said section 29 distant S 00' 50' 08" W, 1017.18 feet from the east 1/4 comer of said Section 29; Thence (1) N 89* 09' 52" W, 30.00 feet to meet the west right of way line of Coffee Road; Thence northerly along said west right of way line for courses (2) through (7) as follows: Thence (2) N 00° 50' 08 E, 517.19 feet to meet the south line of that additional road right of way for Coffee Road granted to the County of Kern per Deed filed for record in Book 5213, Page 890, Official Records in the Office of the Kern County Recorder; Thence (3) N 89° 08' 28" W, parallel with the north line of the southeast 1/4 of said Section 29, a distance of 25.00 feet; Thence (4) N 00° 50' 08" E, 200.00 feet; Thence (5) S 89* 08' 28" E, 25.00 feet; Thence (6) N 00° 50' 08" E, 299.99 feet; Thence (7) N 00° 49' 38" E, 35.38 feet to meet the south right of way line of the Burlington Northern Santa Fe Railway; Thence (8) S 89° 08' 40" E, along said right of way line, 60.00 feet to meet the east right of way line of Coffee Road; Thence (9) S 00° 49' 38" W, along said east right of way line, 35.36 feet; Thence (10) S 00' 50' 08" W, along said east right of way line, 1017.18 feet; Thence (11) N 89* 09' 52" W, 30.00 feet to the point of beginning. Containing 1.565 acres G:\GROUPDAT~Ron\Ex A Old Cof Rd Vac.wpd RESERVING an easement for public utilities purposes, over on and under all of the above described vacating area. ALSO RESERVING an access easemem for the Burlington Northern Santa Fe Railway Company and all adjacent property owners (present or future) for ingress and egress and road purposes on over and across all of the above described vacating area EXCEPTING THEREFROM that portion lying west of the east 30 feet of the southeast 1/4 of said Section 29. G:\GROUPDAI~Ron~Ex A Old Col Rd Vae.wpd 2 Orl!gINAL RA IL ROAD 8. N.S.E E.I/4 COR.SEC.29 /.7o~.. ,y.2 ?~c. I s. ao~. $. ?a ~c. ?0 01 ,dC. $~C~ \ ,,, ,, % \ 2~.. ~ 13. 6 7A C. _ ~ O)M~ PROPOSED ~ ' ~. VA CA TI ON 18. 77,4C, --.--. SCALE: 1% $00' BRIMHA L L PM. 9,~ z ~/~c. 30, THE VACATION OF A PORTION OF OLD (SUPERSEDED) CO .Ii,FEE ROAD SOUTH OF BURLINGTON NORTHERN SANTA FE RAILWWIf~^t 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 25th day of October ,2001 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1258 .passed by the Bakersfield City Council at a meeting held on the 24th day of October 2001, and entitled: A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF OLD (SUPERSEDED) COFFEE ROAD SOUTH OF THE BURLINGTON NORTHERN SANTA FE RAILWAY. /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield OF~IGINAL