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Home My WebLink AboutRES NO 182-01Recording requested by and for the benefit of the CITY OF BAKERSFIELD WHEN RECORDED MAIL TO: CITY OF BAKERSFIELD CITY CLERK 1501 TRUXTUN AVENUE BAKERSFIELD CA 93301 James Hap les,Assessor-Recorder Kern Coun±y Official Records DOCUMENT #:0202000728 SABRINA Pages: 6 1/03/2002 9:48:59 Other. TOTAL PAID Stat Types:l RESOLUTION NO. 182-01 A RESOLUTION ORDERING THE VACATION OF A PORTION OF OLD (SUPERSEDED) COFFEE ROAD SOUTH OF THE BURLINGTON NORTHERN SANTA FE RAILWAY RESOLUTION NO. 1 8 2 ' 0 r A RESOLUTION ORDERING THE VACATION OF A PORTION OF OLD (SUPERSEDED) COFFEE ROAD SOUTH OF THE BURLINGTON NORTHERN SANTA FE RAILWAY WHEREAS, on WEDNESDAY, OCTOBER 24, 2001, the Council of the City of Bakersfield, pursuant to the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passed and adopted Resolution of Intention No. 1258 declaring its intention to order the vacation of a portion of old (superseded) Coffee Road south of the Burlington Northern Santa Fe Railway, in the City of Bakersfield; and WHEREAS, the Council did fix a time and place for hearing all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 Wednesday, November 28, 2001, 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, at its meeting on October 18, 2001, the vacation was duly heard and considered by the Planning Commission and was 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 tree and correct and are incorporated herein. The Council hereby orders the vacation of a portion of old (superseded) Coffee Road south of the Burlington Northern Santa Fe Railway in the City of Bakersfield, County of Kern, State of California, more particularly described in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. 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 G:\G ROUPDAT~A DM IN R PT\2001 \Nov28\Vacation Resolution.vrpd Page 1 of 3 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. The above described portion of Coffee Road is unnecessary for present or prospective use for public street purposes and is hereby vacated subject to the conditions enumerated herein. The City Clerk shall certify to the passage of this Resolution and shall cause a certified copy hereof, attested by the Clerk under seal of the city, to be recorded in the Office of the County Recorder of the County of Kern, California ............... o0o ............... G:\GROU p DAT~ADM IN RPT~2001 \N ov28\Vacation Resolulion.wpd Page 2 of 3 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 NOV 2 8 7001 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER ~,~-~,~o_., · COUNCILMEMBER IXa~:x~ CITY CLERK and Ex Offi~o Clerk of the Council of the City of Bakersfield APPROVED NOV 2 8 ~00~] HARVEy L. I{AL~L - - MAYOR of the City of Bakersfield APPROVED as to form: ART J. T"~L TG~'N'~j ~'~'' '~5 CITY ATTORNEY of the City of Bakersfield G:\G ROUPDAT~ADM IN RPTL2001 \Nov28\Vacation Resolution.wpd Page3of 3 ~- 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 ~A 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 California, 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 corner 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.Q0 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~.on'~Ex A Old CofRd Vac.wpd RESERVING an easement for public utilities purposes, over on and under all of the above described vacating area. ALSO RESERVING an access easement 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. O:\OROUPDA~I~Ron~Ex A Old CofRd Vnc.wpd 2 B. tV.$. ~ R~I I L RO~I D E.I/4 L704C.' 327,4C %,. 5.$8AC. 5.73AC. '~ " 13.67.~C. 15. 4 PROPOSED VA CA ~'I ON S.E.COR. SEC. 8RIMHA L L PM 98 /.Z/AC. THE VACATION OF A PORTION OF OLD (SUPERSEDED) COFFEE ~: ROAD SOUTH OF BURLINGTON NORTHERN SANTA FE RAILt~A¥~:'~ ~'