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HomeMy WebLinkAboutRES NO 175-02Recording 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 Fitch, Assessor-Recorder Kern County Official Records Recorded at the request of Public Doc#: 0203091839 Taxes Others PAID Stat Types: 1 CHEATWOA 5/09/2003 1:58 PM Pages: 0.00 0.00 0.00 $0.00 RESOLUTION NO. 175-02 A RESOLUTION ORDERING THE SUMMARY VACATION OF A PORTION OF THE PUBLIC UTILITIES EASEMENT ADJACENT TO THE WEST LINE OF LOT 21, BLOCK 5 OF TRACT NO. 1472 IN THE CITY OF BAKERSFIELD. RESOLUTION NO. 175-02 A RESOLUTION ORDERING THE SUMMARY VACATION OF A PORTION OF THE PUBLIC UTILITIES EASEMENT ADJACENT TO THE WEST LINE OF LOT 21, BLOCK 5 OF TRACT NO. 1472 IN THE CITY OF BAKERSFIELD WHEREAS, Chapter 4, Article 2, Section 833,5 of the Streets and Highways Code authorizes the City Council to summarily vacate certain streets, highways or public service easements; and WHEREAS, DELMARTER & DEIFEL - CIVIL ENGINEERS & SURVEYORS, petitioned the Council for the summary vacation of a portion of the public utilities easement adjacent to the west line of Lot 21, Block 5 of Tract No. 1472 in the City of Bakersfield, described more particularly in Exhibit "A" attached hereto and made a part hereof; and WHEREAS, the subject portion of public utilities easement is eligible for summary vacation on the basis that the portion of easement has not been used for the purpose for which it was dedicated for at least five consecutive years preceding this proposed vacation; and WHEREAS, the portion of public utility easement is unnecessary for present prospective public service easement purposes; and WHEREAS, The Planning Commission, at its meeting no September 5, 2002, considered and found that the proposed vacation is consistent with the Metropolitan Bakersfield 2010 General Plan. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. All the foregoing recitals are found to be true and correct. 2. The proposed vacation is consistent with the Metropolitan 2010 General Plan. In accordance with Section 8333(a) of the California Streets & Highways Code, the portion of public utility easement in the City of Bakersfield described more particularly in the above recital has not been used for the purpose for which it was dedicated for at least five consecutive years preceding this vacating action and therefore may be summarily vacated by the legislative body. The action herein taken is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b)(3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. G:\GROUPDAT~ADMINRPT\2002\Oct 16\RESOLUTION TR 1472.doc Page 1 of 2 Pursuant to Chapter 4, Article 2, Section 8335 of the Streets and Highways Code, the above-described portion of public utility easement is hereby vacated and from the date of recordation of this Resolution shall no longer constitute a public service easement. 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. 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. 6 2002 , by the following vote: AYES: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER~ ~'~-~- ABSENT COUNCILMEMBER CITY CLERK and Ex Off~'io Clerk of the Council of the City of Bakersfield APPROVED OCT 1 6 RVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: ATTORNEY of the City of Bakersfield · G \GROUPDAT~ADMINRPT\2002\Oct 16\RESOLUTION TR 1472 doc Page 2 of 2 EXHIBIT "A" That portion of the 25 foot wide public utilities easement situated in Block 5 and contiguous to Lot 21 of Tract No. 1472, per map filed in Book 6 of Maps, Page 193 in the Office of the Kern County Recorder, also being a portion of the southeast ~ of Section 24, 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 the northwest corner of Said Lot 21; Thence S 00° 00' 30" E, along the west line of said Lot 21, a distance of 43.75 feet; Thence S 90° 00' 00" W, 3.20 feet; Thence N 00° 00' 30" W, 43.75 feet; Thence N 90° 00' 00" E, 3.20 feet to the Point of Beginning. G:\GROUPDAT~ADMINRPT~2002\Oct 16\TR 1472 Res Exh A.doc ~ $o TH. ST, I t_._ 4,,9 I ; I I t ~ ' 2§' PUBLIC UTILITY I I ~ ~ IP~OPOSED ~ ~ ~ ~ I ~A CA TIO~ ~ ~ -- ~ ~ .~..~ 59.54 ~./9 ~2 I 322.11 I ~JO % % ~ ~8 ~. s~ ~ I THE VACATION OF A PORTION OF THE PUBLIC UTILITIES~ EASEMENT ADJACENT TO THE WEST LINE OF LOT 21, BL~K 5 OF T~CT NO. 1472 ~,,..~ . .~=o.0~. ,. CI~ OF BAKERSFIELD =~ o~/o5/o~ ~_ ~ ~ CALIFORNIA ----" ~u.~. ~mN~ ENGINEERING ~PA~TM~NT I -- I r ,49 25' PUBLIC UTILITY '~'//EASEMENT © ~, ~ I PROPOSED ~ ~ ~ ~ Y~ C~ TIO~ ~ ......... -FF AG-F J472 E 59.54 ~./9 3G2 I 322.11 I IJO