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HomeMy WebLinkAboutRES NO 49-97IRecording requested by and for the benefit of the City of Bakersfield. CITY CLERK'S OFFICE CITY OF BAKERSFIELD 1501 TRUaXTUN AVENUE BAKERSFIELD, CA. 93301 James Hap l es, A'--essor-Recorder Kern County O~ cial Records DOCUF1ENT #:0197048925 II III III IIII IIIIIIIIII II 49-97 RESOLUTION NO. A RESOLUTION ORDERING THE SUMMARY ABANDONMENT OF TItE PUBLIC UTILITIES EASEMENTS IN LOTS 1 THROUGH 5 (INCLUSIVE) OF TRACT NO. 4646 IN THE CITY OF BAKERSFIELD. JASON Pages: 3 4/10/1997 1:20:44 Feee Taxes Other. TOTAL PAID Star Types:l WHEREAS, Chapter 4 of Part 3 of Division 9 of the Streets and Highways Code authorizes the City Council to summarily vacate certain public service easements; and W~rEREAS, PORTER-ROBERTSON ENGINEERING AND SURVEYING, INC., petitioned the Council for the abandonment of the public utilities easements in Lots 1 through 5 (inclusive) of Tract 4646 in the City of Bakersfield described more particularly as follows: Each of the dedicated 6 foot x 6 foot "Public Utilities Easement" within Lots l through 5 (inclusive) per Map of Tract No. 4646 filed for record in Book 34 of Maps, Page 58 in the office of the Kern County Recorder. Also the dedicated 5 foot x 10 foot "Public Utilities Easement" within Lot 1 of said Tract No. 4646. WHEREAS, the subject easements are eligible for summary vacation on the basis that the public service easements have been superseded by relocation and there are no other public facilities located within the easements; and WI:IEREAS, the public utilities easements are unnecessary for present or prospective public utility purposes; and~ WHEREAS, The Planning Commission, at its meeting on March 6, 1997, considered and found that the proposed abandonment is consistent with the Metropolitan Bakersfield 2010 General Plan. NOW, THEREFORE BE IT RESOLVED by the Council of the City &Bakersfield as follows: 1. All the foregoing recitals are found to be true and correct. The proposed abandonment is consistent with the Metropolitan Bakersfield 2010 General Plan. -3.- In accordance with Section 8333 (c) of the California Streets & Highways Code, the public utilities easements in Lots 1 through 5 (inclusive) of Tract No. 4646 in the City of Bakersfield described more particularly in the above recital have been superseded by relocation and there are no other public facilities located within the easements and therefore may be summarily abandoned by the legislative body. The action herein taken is exempt from the requirements of the California Environmental Quality Act because there is no possibility that the action may have a significant effect on the environment. Pursuant to Chapter 4 of Part 3 of Division 9 of the Streets and Highway Code, the above-described easements are hereby abandoned and shall no longer constitute public utilities easements. 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, Califomia ...... O00 ...... -2- I REREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on ]i~!} t 8 ~ , by the following vote: AYES: COUNCILMEMBER DeMONO, CARSO~I~, SMITH, McOERMOTF, ROWLES, SULLIVAN, SALVAGOIO NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER CITY CLERK and Ex Ofr~e/lo Clerk of the Council of the City of Bakergfield APPROVED: ~ ! $ ~ MAYOR of the City of Bakersfield APPROVED as to form: (~ City Attorney -3- GSLEGAL\1997~,STR4646.RTY RTY.CAH March 11, 1997 ~2 ~'~ PffOPOS£D ( SEE L.L.A. P96-0646 )