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HomeMy WebLinkAboutROI NO 1708RESOLUTION OF INTENTION NO. 1708 A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF STREET RIGHT -OF- WAY ON VALLEY FALLS LANE, AND EASEMENTS FOR LANDSCAPE, WALL AND UTILITY AREAS ON BERKSHIRE ROAD, IN TRACT 6359 -2 (WARD 5) WHEREAS, the City has received a request from S & S Homes to vacate a portion of Street Right -of -Way on Valley Falls Lane, and Easements for Landscape, Wall and Utility Areas on Berkshire Road, in Tract 6359 -2; 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, in accordance with Bakersfield Municipal Code Section 2.28.120, the proposed vacation was found to be consistent with the Metropolitan Bakersfield General Plan pursuant to Government Code 65402 by the Planning Director on February 23, 2012. 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 intends to order the vacation of a portion of Street Right -of -Way on Valley Falls Lane, and Easements for Landscape, Wall and Utility Areas on Berkshire Road, in Tract 6359 -2, all in the City of Bakersfield, County of Kern, State of California, more particularly described in Exhibit "A" and shown in Exhibit "B" attached hereto and made part hereof. 4. The additional street right -of -way for Valley Falls Lane must be dedicated before the final resolution can be recorded. 5. The Public Utilities Easement that is being relocated to the east side of Valley Falls Lane must be dedicated before the final resolution can be recorded. 6. 5:15 PM, or as soon thereafter as the matter may be heard, on Wednesday, May 9, 2012, 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. February 23, 2012, 11:30 AM G: \GROUPDAT \ADMINRPT \2012 \0307 \S &S HOMES VACATION P>AKF�, C) c c 7. 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. 8. The City Clerk shall certify to the passage of this resolution and shall cause the same to be posted on the bulletin board at City Hall, 1600 Truxtun Avenue, in the City of Bakersfield, within fifteen (15) days after its passage. --------- - - - - -- 000 --------- - - - - -- February 23, 2012, 11:30 AM G: \GROUPDAT\ADMINRPT \2012 \03- 07 \S&S HOMES VACATION o� ;n f -' —2 ) c; 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 by the following vote: COUNCILMEMBER: SAL S, BENHAM, WEIR, C&CH, HAI` ON, SULLIVAN, JOHNSON NOES: COUNCILMEMBER: Al • o ABSTAIN: COUNCILMEMBER: noe\Q ABSENT: COUNCILMEMBER: r) Ora L�dLk ROBERTA GAFFORD, C CITY CLERK and Ex Offi i Clerk of the Council of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City rney By: ANDREW HEGLUN Deputy City Attorney Attachments: Exhibit "A" Exhibit "B" February 23, 2012, 11:30 AM G:\ GROUPDAT \ADMINRPT\2012 \03- 07 \S &S HOMES VACATION -3+ ORIGIN,! EXHIBIT "A" LEGAL DESCRIPTION (QUIT CLAIM OF PUBLIC RIGHT OF WAY AND PUBLIC UTILITIES) That portion of Valley Falls Lane, as shown on Tract Map No. 6359 -2, recorded in Book 58 of Maps, at Pages 83 -90 inclusive, records of Kern County, California, lying westerly of the following described line: Beginning at the southwesterly terminus of a curve concave northwesterly and having a radius of 20.00 feet at the southeasterly corner of Lot 103, said curve shown as C79 on said Map; Thence along the easterly prolongation of the southerly line of said Lot 103 1gt - South 89 °17'18" East, a distance of 24.89 feet to the beginning of a tangent curve concave northwesterly and having a radius of 20.00 feet; Thence along said curve through a central angle of 2nd - 90 °07'38" and an arc length of 31.46 feet; Thence tangent to said curve 3rd - North 00 035'03" East, a distance of 101.46 feet to the northerly boundary of said Lot 103 and the Tract Map. Contains 3013 square feet or 0.069 acres more or less LEGAL DESCRIPTION PREPARED BY: December 12, 2010 Bruce D. Barton, PLS 5555 Date License Expires 9/30/2011 D:\01 -LDD PROJECTS \NVE\08 - 055.02 TR 6359 -2 LLA NVE \TR6359.2 Vacation QUITCLAIM Exhibit A.docx 0. W % �' No. 5555 =11 Exp. 00/30/2011 )At, or F- t "fl EXHIBIT 11511 SHEET 1 OR VACATION AND DEDICATION VALLEY FALLS LANE TR 6359 -2 N89'17'18 "W 814.19' PUBLIC UTILITIES EASEMENT VACAY 24.6fi° AREA TO AREA TO 5 DEDICATE ,"- "\, F VACATE LLJ v NEW PUBLIC T LITIES 1 ) W --� kiASEMENT jAJ 16' cn N M :j L �! "� o - .• -, —.., �z Li z Z N891718 W ' C5 24.89' — _ MEADOW FALLS DR. cr Ct P.O.B. aW 1 'W 0) m CURVE TABLE CURVE DELTA RADIUS I ARC DIST. Cl 90'00'00" 20.001 31.42' C2 90'07'39" 20.00' 31.46' C3 86'49.53" 20.00' 30.1' C4 84'5622" 20.00' 29.65' C5 1'45'52" 530.00' 16.32' C6 3'13'22" 530.00' 29.81' 0' 20' 40' 80' SCALE: 1"=40' SHADED AREA DENOTES LAND DECEMBER 10. 2010 DESCRIBED IN THE ATTACHED BRUCE D. BARTON DATE EXHIBIT "A" LS 5555 (EXP. 09- 30 -11) BRUCE 0. BARTON, PLS, LAND SURVEYING, 3504 TROIES AVE., BAKERSFlELD, CA. 93313 (661) 979 -1572 af�o =,p\ No. 5555 ° Exp. 09/30/2011 >r , y� .r sn <:a ,i EXHIBIT 'A' QUITCLAIM LEGAL DESCRIPTION (LANDSCAPE, WALL, AND PUBLIC UTILITIES) ALL THOSE PORTIONS OF LOTS 2 AND 3 OF TRACT NO. 6359 PHASE 2, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 58 PAGES 83 THROUGH 90, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THAT LIES NORTH 10° SY 13" EAST, 95.19 FEET FROM THE SOUTHERLY TERMINUS OFTHE LINE BETWEEN SAID LOTS 2 AND 3, BEING THAT CERTAIN COURSE SHOWN AS NORTH 100 53' 13" EAST, 137.53 FEET, SAID POINT BEING ON THE NORTHERLY LINE OF THAT CERTAIN EASEMENT "A" FOR LANDSCAPE, WALL AND PUBLIC UTILITIES, AS SHOWN ON SAID TRACT NO. 6359 PHASE 2; THENCE ALONG SAID NORTHERLY LINE, 1 `t NORTH 680 13'34" WEST, 13.13 FEET TO AN ANGLE PONT IN SAID NORTHERLY LINE; THENCE ALONG SAID NORTHERLY LINE, 2"d NORTH 79" 06'4r WEST, 51.23 FEET TO NORTHEASTERLY LINE OF A CERTAIN 10 FOOT WIDE PUBLIC UTILITY EASEMENT AS SHOWN ON SAID MAP; THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE, 3RD SOUTH 34° 06' 4r tAST, 12,74 FEET, TO THE INTERSECTION OF SAID NORTHWESTERLY LINE AND A LINE THAT IS PARALLEL TO AND 9 FEET NORTHERLY OF THE RIGHT OF WAY LINE OF BERKSHIRE ROAD, FORMERLY STAR LAKE PARKWAY, AS SHOWN ON SAID MAP; THENCE ALONG SAID PARALLEL LINE 4T" SOUTH 79" 06'4r EAST, 18.73 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 1948.00 FEET; THENCE CONTINUING PARRALLEL TO SAID RIGHT OF WAY, EASTERLY ALONG SAID CURVE 5T" THROUGH A CENTRAL ANGLE OF 01" 54'22", AN ARC DISTANCE OF 64.74 FEET TO SAID NORTHERLY LINE OF EASEMENT "A "; THENCE ALONG SAID NORTHERLY LINE e NORTH 68° 13'34" WEST 28.86 FEET TO THE POINT OF BEGINNING. CONTAINING 608 SQUARE FEET LEGAL DESCRIPTION PREPARED BY: ,tom/ 4. 461� January 7. 2010 Bnrve D. Barton, PLS 5555 Date License Expires 9/30/2013 q0p -L A Np o. o � ti -� No 5555 1' Exp. 09/30/2013 s`�© CAL% J QUITCLAIM EASEMENT EXHIBIT B" wl 0 v wl a 0' DA T. 0 W05313'E 15.19' CT R•1946.00' On 13422" L =64.74' ko' 30' 10' 0 30' 60' 20' SCALE: 1 " =30' b 0 w i P.O.S. NO EASE45Yr 'A' FOR LANDS ;MM NALLS rlW tApl w w EXHIBIT 'A' QUITCLAIM LEGAL DESCRIPTION (LANDSCAPE, WALL, AND PUBLIC UTILITIES) ALL THOSE PORTIONS OF LOTS 4 AND 5 OF TRACT NO. 5359 PHASE 2, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 58 PAGES 83 THROUGH 90, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 5, THAT BEARS NORTH 10 °53'13" EAST, 9.00 FEET FROM THE SOUTHWESTERLY CORNER OF SAID LOT 5, SAID POINT ALSO BEING ON THE NORTHERLY LINE OF "EASEMENT "A" FOR LANDSCAPE, WALL AND PUBLIC UTILITIES ", AS SHOWN ON SAID TRACT NO. 6359 PHASE 2; THENCE ALONG SAID NORTHERLY LINE, 1 ST NORTH 90" 04'00" EAST 45.32' FEET TO AN ANGLE POINT IN SAID NORTHERLY LINE; THENCE CONTINUING ALONG SAID NORTHERLY LINE, 2 N SOUTH 79° 06:47" EAST 51.23 FEET TO THE NORTHWESTERLY LINE OF A 10 FOOT WIDE PUBLIC UTILITY EASEMENT AS SHOWN ON SAID MAP; THENCE SOUTHWESTERLY ALONG SAID NORTHWESTERLY LINE 3RO SOUTH 550 53'13" WEST 12.74 FEET; THENCE TO THE INTERSECTION OF SAID NORTHWESTERLY LINE OF THE 10 FOOT PUBLIC UTILITY EASEMENT AND SAID NORTHERLY LINE SAID EASEMENT "A "; THENCE ALONG SAID NORTHERLY LINE, 4T" NORTH 79° 0616" WEST 71.48 FEET TO AN ANGLE POINT IN SAID NORTHERLY LINE; THENCE CONTINUING ALONG SAID NORTHERLY LINE 5T" NORTH 77° 24'67" WEST 15.25 FEET TO THE POINT OF BEGINNING, CONTAINING 755 SQUARE FEET LEGAL DESCRIPTION PREPARED BY: 1.1•x. t 4 '� January 7, 2012 Bruce D. Barton, PLS 5555 Date License Expires 9130/2013 pN►� ANlJ' � o 89h � 1 t 5 . No. 555 m Eup. 09/30/ t 0f` GAt v QUITCLAIM EASEMENT EXHIBIT 'B" TIW' CT a -Z ri OORDl�a'� rat CITY or aAKq M.D, "Way of= KEW STATE OMALIFORMA of 5 �- ,o+ V P.O.S. N90ti0'Dn 48.32' ugh N1053'13' EASEMW "A" 9.00' RM LANDSOAFF, + � MALLS AND Pt4x$c MIMS zo fV 30' 10' 0 30' 60' 20' SCALE: 1"=30' -0 Fagv i, c AK SHEET 1 OF I 3 U r_r l RIG- INAL EXHI BIT 'A' QUITCLAIM LEGAL DESCRIPTION ALL THAT PORTION OF LOT 16 OF TRACT NO, 6359 PHASE 2, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 58 PAGES 83 THROUGH 90, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS COMMENCING AT THE MOST WESTERLY CORNER OF SAID LOT 18; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 16, NORTH 40° 50'38" EAST 12.20 FEET TO THE TRUE POINT OF BEGINNING; THENCE, 1 ST SOUTH 440 03'03' EAST 0.43 FEET; THENCE, 2nd SOUTH 890 26' 10" EAST 76.32 FEET TO THE NORTHERLY LINE OF THAT CERTAIN EASEMENT "A" FOR LANDSCAPE, WALL AND PUBLIC UTILITIES, AS SHOWN ON SAID TRACT NO. 6359 PHASE 2; THENCE ALONG SAID NORTHERLY LINE, 3'd NORTH 68° 10'18" WEST 82.04 FEET TO SAID NORTHWESTERLY LINE OF LOT 16; THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE, 41h SOUTH 40" 50' W' WEST 29.09 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 865 SQUARE FEET LEGAL DESCRIPTION PREPARED BY: OA'-'O � ob -J &(t•= January 7. 2012 Bruce D. Barton, PLS 5555 Date Licerm Expires 9/30/2013 c� as y .•c d No. 5555 ` *�Exp. 09/30/2013 *) s� r- m r U � ORIGINAL 0 1 • VI Q 0 .r W Q GAJITCLAIM EA5EMIENT EXHIBIT "B" TACT 6Mr -2 RMORCEW IN MAP 900K so 69- o lW-4 U51VM IN THE CITY OF BAKERSPIEW, C 004TY OF KEW STATE OF CoALIPOMIA 37 r 17 W R a 0 zo C5 w �• r rr oar r 4 r MION16 NT GREEK MAY 1 16� ad h, 15 N EA- SeMENT FOR f LANDSCAPE, WALL PLOL1C !UTILITIES N89126'10 "W 225.23' 9' BERKSHIRE ROAD N40'50'38 "E 12.20' i l S44'03'03 "E 0.43 S89'26'10"E �•J 76.32' N681 O'18 "W 62.04 S40'50'38 "W 29.09 40' 20' 0' 50' 100' r r 50 30 r 10 SCALE: 1 " =50' SNMT 1 OF 1 �_1RIOir` All EXHIBIT 'A' QUITCLAIM LEGAL DESCRIPTION ALL THAT PORTION OF LOT 17 OF TRACT NO. 6369 PHASE 2, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 58 PAGES 83 THROUGH 90, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID LOT 17; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 17, NORTH 40' 50"38" EAST 12.20 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE, 1sT NORTH 400 50'38" EAST 25.08 FEET TO THE NORTHERLY UNE OF THAT CERTAIN EASEMENT "A" FOR LANDSCAPE, WALL AND PUBLIC UTILITIES, AS SHOWN ON SAID TRACT NO. 8359 PHASE 2; THENCE ALONG SAID NORTHERLY LINE THENCE 20d NORTH 890 28' 10" WEST 40.71 FEET; THENCE, e SOUTH 44° 03'03" EAST 31.18 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 452 SQUARE FEET LEGAL DESCRIPTION PREPARED BY: . January 7. 2012 Bruce D. Barton, PLS 5555 Date Liu~ Expires 9/30/2013 O P� LA ILI) p �G ©� P2 rc Q- No. 5555 m Exp. 09/30/2013 OF �nK <: r\- OR 14 (iv�� r � f5 BASIS OF BEARINGS OLD RIVEER COUNTY RD. NO. 253 sa.oc 64 60.0c Z4.43 104. Nag 3 5a -- - 00 co., 00 •• A,J a 11 M co > �.k Al 09. LI- mi 126.1,2 % w co 13 ova t�-� Ito E 3 ' _ rn 7,873 sq . ft. 0 �.... 8,047 sq � ft. R4 .0 C 00 1 co I 0 CO _.{ f AD,Na2`11'26 "E moo, 126.33 '� t m Ln � 70871 sq. ft, Na0 33 5C ±ry 1 m co I DAM AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) ROBERTA GAFFORD, 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 12th day of March. 2012 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1708 passed by the Bakersfield City Council at a meeting held on the 7th day of March. 2012 and entitled: A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF STREET RIGHT -OF -WAY ON VALLEY FALLS LANE, AND EASEMENTS FOR LANDSCAPE, WALL AND UTILITY AREAS ON BERKSHIRE ROAD, IN TRACT 6359 -2 (WARD 5). ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield n 1� I SADOCUMEMIFORMSWOP.ROI.wpd