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Home My WebLink AboutRES NO 033-11PLEASE COMPLETE THIS INFORMATION RECOROING REQUESTED BY: WHEN RECORDED MAIL TO: cC Nut, CR q 331) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR R (Additional recording fee applies) # &'svl u-'[Un 0 33 - r I James W. Fitch Assessor- Recorder SOFIR Kern County official Aecords 4/1912011 Recorded at the request of 9:30 AM Public D O C#: 0211050633 Stat Types: 1 Pages: g Fees 0.00 Taxes 0.00 Others 0.00 PAID $0.00 IS SPACE FOR RECORDER'S USE ONLY MA 4V~ yJ~ T 0 C~ ORIGINAL Roaordw 580 2705 100 (RW. 9190 RESOLUTION NO. 033- 11 RESOLUTION OF THE COUNCIL ORDERING THE VACATION OF 27TH STREET BETWEEN THE EAST RIGHT-OF-WAY OF CHESTER AVENUE AND THE WEST RIGHT-OF-WAY OF "K" STREET, AND A PORTION OF THE NORTH SOUTH ALLEY BETWEEN 28TH STREET AND 26TH STREET (WARD 2) WHEREAS, on WEDNESDAY, February 16, 2011, 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. 1681 declaring its intention to order the vacation of 27th Street between the east right-of-way of Chester Avenue and the west right-of-way of "K" Street, and a portion of the north south alley between 28th Street and 261h Street, as requested by San Joaquin Hospital; 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 April 13, 2011, 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 November 17, 2010, per local ordinance and found it to be consistent with the Metropolitan Bakersfield General Plan, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 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 271h Street between the east right-of-way of Chester Avenue and the west right-of-way of "K" Street, and a portion of the north/south alley between 28th Street and 26th Street, all in the City of Bakersfield, County of Kern, State of California, 4. The City is to reserve a Public Utilities Easement (PUE) over the vacated area, More particularly described in Exhibit "A", and Exhibit "B", and shown on Exhibit "C" attached hereto and made a part hereof, March 24, 2011, 8:25 AM S:\Street Vacations\27th Street - SJCH\ROI Final - Resolution.doc a =n ~ r U ~ ORIGINAL 5. Public access easements will be reserved over those portions of 271h Street and the alley north of 27th Street to provide property owners adjacent to said alley with clear and safe ingress and egress for employees, delivery and municipal vehicles to Chester Avenue. An additional public access easement by separate instrument across the south 20 feet of Lot 5 in Block 487 shall be provided prior to the recordation of this Resolution, More particularly described in Exhibit "A", and Exhibit "B", and shown on "Exhibit "C" attached hereto and made a part hereof, 6. 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. ---------------000--------------- March 24, 2011, 8:25 AM S: \Street Vacations\27th Street - SJCH\ROI Final - Resolution.doc -2- J~ m 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 APR ] 3 7 n» by the following vote: AYE COUNCILMEMBER: NOES: COUNCILMEMBER: N: COUNCILMEMBER: ABSEN . COUNCILMEMBER: ROBERTA GAFFORD, CM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED.. APR 1 3 2011 HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney B . 7- JO UA RUDNICK puty City Attorney Attachments: Exhibit "A" Exhibit "B" Exhibit "C" March 24, 2011, 8:25 AM S: \Street Vacations\27th Street - SJCH\ROI Final - Resolution.doc . z~ ORIGINAI.~ ✓ ✓ ✓ ,i SALAS, WEIR, COUCH, HANSON, SULLIVAN, JOHNSON EXHIBIT "A" Being those streets and alleys adjacent to and within Blocks 487 & 514 per the Map of the City of Bakersfield dated November 25, 1898 filed in Book 1 at Page 15 & 16 in the office of the Kern County Recorder also being a portion of the Southwest quarter of Section 19, Township 29 South, Range 28 East, Mount Diablo Base and Meridian, City of Bakersfield, County of Kern, State of California, more particularly described as follows: All of the street Right-of-Way for: 27th Street between the East Right-of-Way line of Chester Avenue and the West Right-of-Way line of "K" Street; the 20 foot wide north/south alley in said Block 487 from the South Right-of-Way of 27th Street to the Easterly prolongation of the South line of Lot 15 of said Block 487; the 20 foot wide north/south alley in said Block 514 from the North Right-of-Way of 27th Street to the Easterly prolongation of the North line of the South 15 feet of Lot 17 of said Block 514. Reserving a non-exclusive public access and public utilities easement over the vacated area described in Exhibit "B" within 27th Street and alley in said Block 514. Also reserving a non-exclusive public utilities easement over the following vacated area: the 20 foot wide north/south alley in said Block 487 from the Easterly prolongation of the South line of Lot 15 of said Block 487 to the South line of the access easement in Block 514 as describe in Exhibit "B" with the Northerly prolongation of the East and West side lines of said alley in Block 487. SAStreet Vacations\27th Street - SJCH\EXHIBIT A revised.doc o > T' H U - ORIGINA! EXHIBIT "B" ACCESS EASEMENT & PUE LEGAL DESCRIPTION BEING ALL THAT PORTION OF LOT 20 OF BLOCK 514, THE ALLEY WITHIN BLOCK 514 AND 27TH STREET BETWEEN BOCKS 487 AND 514 OF THE MAP ENTITLED "MAP OF THE CITY OF BAKERSFIELD" RECORDED NOVEMBER 25, 1898 IN BOOK 1 OF MAPS, PAGES 13 AND 14, IN THE OFFICE OF THE KERN COUNTY RECORDER. ALSO BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 28 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHERLY 15.00 FEET OF LOT 17 OF SAID BLOCK 514; THENCE ALONG THE FOLLOWING TEN (10) COURSES: 1) NORTH 90°00'00" EAST, A DISTANCE OF 20.00 FEET; THENCE 2) SOUTH 00°00'00" EAST, A DISTANCE OF 123.25 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 30.00 FEET; THENCE 3) SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°00'00", AN ARC DISTANCE OF 47.12 FEET; THENCE 4) NORTH 90°00'00" WEST, A DISTANCE OF 112.00 FEET TO THE SOUTHERLY PROLONGATION OF THE EASTERLY RIGHT-OF-WAY LINE OF CHESTER AVENUE AS SHOWN ON SAID MAP; THENCE 5) NORTH 00°00'00" EAST, ALONG SAID PROLONGATION, A DISTANCE OF 30.00 FEET; THENCE 6) DEPARTING SAID PROLONGATION, SOUTH 90°00'00" EAST, A DISTANCE OF 76.23 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 50.00 FEET; THENCE 7) NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 57°15'29", AN ARC DISTANCE OF 49.97 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 4.50 FEET; 'THENCE 8) NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 28°04'48", AN ARC DISTANCE OF 2.21 FEET; THENCE 9) NORTH 06042'17" EAST, A DISTANCE OF 25.84 FEET; THENCE 10) NORTH 00°00'00" EAST, A DISTANCE OF 72.57 FEET TO THE POINT OF BEGINNING. CONTAINING 6,948 SQUARE FEET, MORE OR LESS. arc a P:\PROJECTS\11017 - SJCH MOB\Legals\11017EM03.doc JLM 3/29/2011 U ~ ORIGINAI EXHIBIT "B" ACCESS EASEMENT LEGAL DESCRIPTION (CONTINUED) BEING ALL OF LOT 5 OF BLOCK 487 OF THE MAP ENTITLED "MAP OF THE CITY OF BAKERSFIELD RECORDED NOVEMBER 25, 1898 IN BOOK 1 OF MAPS, PAGES 13 AND 14, IN THE OFFICE OF THE KERN COUNTY RECORDER. ALSO BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 28 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA. %,AND JEFFREYL MARTIN EXP -"jO- t •tv) -k1 PAPROJECTS\11017 - SJCH MOMLEGALS\11017EM03.DOC JLM 3/29/2011 F= ORIGINAI EXHIBIT C N W } W 28TH ST a W Y cn W O m 2 > J Q N (n Y J 27T H ST Y O J m 26TH ST W J J Q N 26T ST W W Legend 0 1:3 Road Parcels Proposed Project Area Proposed Public Access and Public Utility Easements Proposed Public Utility Easement Proposed Street and Alley Vacation 0 50 100 Feet W Proposed Public Access Easement by Separate Instrument Recorded as Document # ?1(050(.o12 N Ak~,rAK~s GRIGINAi EXHIBIT "A" Being those streets and alleys adjacent to and within Blocks 487 & 514 per the Map of the City of Bakersfield dated November 25, 1898 filed in Book 1 at Page 15 & 16 in the office of the Kern County Recorder also being a portion of the Southwest quarter of Section 19, of Bakersfield, iuCoun County of Kern, Mount of Diablo Base and Meridian, City California, more particularly described as follows: All of the street Right-of-Way for: 27th Street between the East Right-of-Way line of Chester Avenue and the West Right-of-Way line of "K" Street; the 20 foot wide Way of 27 th north/south alley in said Block 487 from the of Lot 51gof said Block 487 Stthet20 the Easterly prolongation of the South line foot wide north/south alley in said Block 514 from the North Right-of-Way of 27th Street to the Easterly prolongation of the North line of the South 15 feet of Lot 17 of said Block 514. Reserving a non-exclusive public access and public utilities easement over the following vacated area: See Exhibit "B" Also reserving a non-exclusive public utilities easement over the following vacated area: the 20 foot wide north/south alley in said Block 487 from the Easterly prolongation of the South line of Lot 15 of said Block 487 to the South line of the access easement in Block 5e t side lines iof said alley in Block 487 the Northerly prolongation of the East and West SAStreet Vacations\27th Street - SJCH\EXHIBIT A revised.doc fi T, ORIGINAL