HomeMy WebLinkAboutRES NO 117-02Recording 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 Maples,Assessor- Recorder
Kern County Official Records
Recorded at the request of
Public
~oc#: 0202213561
SABRINA
12/17/2002
1:18 PM
Stat Types: 1 Pages: 4
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RESOLUTION NO. 117-02
A RESOLUTION ORDERING THE VACATION OF 5TM STREET FROM R STREET TO
WEST OF THE KERN ISLAND CANAL.
RESOLUTION NO. 1 1 7 '-0 2
A RESOLUTION ORDERING THE VACATION OF
5m STREET FROM "R" STREET TO
WEST OF THE KERN ISLAND CANAL
WHEREAS, on WEDNESDAY, MAY 8, 2002, 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. 1275 declaring its intention to order
the vacation of 5th Street from "R" Street to west of the Kern lsland Canal, in the City of
Bakersfield; and
WHEREAS, the City of Bakersfield's Economic and Community Development
Department assisted the Bakersfield Senior Center, Inc., their successors and assigns in its
vacation request identified above; 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, June 26, 2002,
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 January 17, 2002, the proposed vacation was duly heard
and considered by the Planning Commission and was found tc be consistent with the Metropolitan
Bakersfield General Plan.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Bakersfield as
follows:
I The above recitals are true and correct and are incorporated herein.
5treet irom Street to west of the
The Council hereby orders the vacation of 5~h
Kern Island Canal in the City of Bakersfield, County of Kern, State of California,
more particularly described as follows:
All of that portion of public street right-of-way for 5~h Street (60 feet in width) in
"Lowell Park Tract" lying between the east right-of-way line of"R" Street and the
southerly prolongation of the west line of Lot 13 as said street and lot are shown
on map of"Lowell Park Tract" filed for record December 30, 1926, in Book 3 of
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Maps, Page 184 in the Office of the Kern County Recorder.
Nonexclusive easements fbr public utilities purposes shall be reserved in, under
and upon the south 15 feet of thc north 25 feet and the north 20 [-bet of the south
28 [-bet of the above described portion of 5"' Street.
If necessary lbr development of a project site, it is undcrstood that applicant shall
provide for relocation of existing public utilities within said street area to thc
satisfaction and acceptance of the effected utility company and to City of
Bakersfield Standards.
It is further understood that applicant shall provide adequate easements for any
relocated public utilities extending through private property with alignments
approved by thc City and the utility company.
Reserved public utility easements (item 3) shall terminate and be abandoned upon
completion of items No. 4 and No. 5 above without any further official
procccdings.
As a condition of the completion of said street vacation, pursuant to Streets and
Highway Code Section 8324 (b), thc City Clerk shall not record any final adoption
of said vacation until the applicant has taken possession of and merged those lots
directly adjoining thc north line of said street vacating area.
The above described portion of 5~' Street is unnecessary for present or prospective
use for public street purposes and is hereby vacated upon recordation as
enumerated herein.
The City Clerk shall certify to the passage of this Resolution and shall cause a
certified copy hereoL attested by the Clerk under seal of the City, to be recorded
in the Office of the County Recorder of the County of Kern, Calilbrnia.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adoptcd by thc City
Council of thc City ot' Bakersfield at a regular meeting thereof held on
,JUN ~6 ?002 ., by the following vote:
ABS}N l:
(OUN£ ILMEMBER
CITY CLERK and Ex Officio fflerk of the
Council of thc City of Bakersfield
APPROVED
JUN 2 6 ZO0;~
HARVEY L. HALL
MAYOR ol'the City of Bakersfield
APPROVED as to fbrm:
· ;BART .L.-THIOI?GEN'
CITY ATTORNEY o1' the City of Bakersfield
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