HomeMy WebLinkAboutRES NO 142-03
James W. Filch~ Assessor- Recorder
Kern County Official tlecords
Recorded at the requesl 01
Public
SOFIR
3/1712006
6:00 AM
DOC#: 0206063496
Sial Typos: 1 Pogos: 5
Recording requested by
and for the benefit of the
CITY OF BAKERSFIELD
Fees
Taxes
Othors
PAID
WHEN RECORDED MAIL TO:
CITY OF BAKERSFIELD
CITY CLERK
1501 TRUXTUN AVENUE
BAKERSFIELD, CA 93301
RESOLUTION NO. 142-03
A RESOLUTION OF THE COUNCIL ORDERING THE SUMMARY VACATION
OF THE FLOW AGE AND DRAINAGE EASEMENT AND THE (2) TEMPORARY
ACCESS AND STORM DRAIN EASEMENTS WESTERLY OF SOUTH "H"
STREET, BETWEEN BERKSHIRE ROAD AND HOSKING AVENUE
(IN TENTATIVE TRACT NO 5738)
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RESOLUTION NO.
142-03
A RESOLUTION ORDERING THE SUMMARY
VACATION OF THE FLOWAGE AND DRAINAGE
EASEMENT AND THE (2) TEMPORARY ACCESS
AND STORM DRAIN EASEMENTS WESTERLY OF
SOUTH H STREET, BETWEEN BERKSHIRE ROAD
AND HOSKING AVENUE (IN TENTATIVE TRACT NO. 5738)
WHEREAS, Chapter 4, Article 2, Section 8335 of the Streets and Highways
Code authorizes the City Council to summarily vacate certain streets, highways or
public service easements; and
WHEREAS, MORELAND CONSULTING, INC. on behalf of John G. Giumarra,
Jr., petitioned the Council for the summary vacation of the flowage and drainage
easement and the (2) temporary access and storm drain easements westerly of South
H Street, between Berkshire Road and Hosking Avenue (in Tentative Tract No. 5738) in
the City of Bakersfield, described more particularly in Exhibit "A" attached hereto and
made a part hereof; and
WHEREAS, the subject flowage, drainage, temporary access and storm drain
easements are eligible for summary vacation on the basis that the easements have not
been used for the purpose for which they were dedicated for at least five consecutive
years preceding this proposed vacation; and
WHEREAS, all of the subject easements are unnecessary for present or
prospective public service easement purposes; and
WHEREAS, The Planning Commission, at its meeting on June 19, 2003,
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.
3. In accordance with Section 8333(a) of the California Streets & Highways Code,
the subject flowage, drainage, temporary access and storm drain easements in
the City of Bakersfield described more particularly in said attached Exhibit "A"
have not been used for the purpose for which they were dedicated for at least
five consecutive years preceding this vacating action and therefore may be
summarily vacated by the legislative body.
4. The action herein taken is exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15061 (b)(3) of CEQA guidelines ,
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ORiGiNAL
(general rule), because there is no possibility that the action may have a
significant effect on the environment.
5. Pursuant to Chapter 4, Article 2, Section 8335 of the Streets and Highways
Code, the above-described easements are hereby vacated and from the date of
recordation of this Resolution shall no longer constitute public service
easements.
6. 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.
----------000----------
I 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
JUL 3 0 Z003 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULUVAN, SALVAGGIO
COUNCILMEMBER ~.
COUNCILMEMBER ~
COUNCILMEMBER ~ /
PAM~¿;~ Þ
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED JUL 30 Z003
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
BART J. THIL TGEN
City Attorney
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ORIGINAl
Exhibit "A"
Those three (3) easements situated in the southeast quarter of Section 25, Township 30
South, Range 27 East, M.D.M., in the City of Bakersfield, County of Kern, State of
California, more particularly described as follows:
(1) "FLOWAGE AND DRAINAGE EASEMENT' granted by Deed filed for record
November 15, 1994, as Document No. 165207 in the Office of the Kern County
Recorder.
(2) 'TEMPORARY ACCESS EASEMENT AND TEMPORARY EASEMENT FOR
STORM DRAIN LINES" granted by Deed filed for record November 15,1994, as
Document No. 165208 in the Office of the Kern County Recorder.
(3) 'TEMPORARY ACCESS EASEMENT AND TEMPORARY EASEMENT FOR
STORM DRAIN LINES FOR TRACT NO. 5738-1" granted by Deed filed for record
November 15,1994, as Document No. 165209 in the Office of the Kern County
Recorder.
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2004
240.58
VACATION OF THE FLOWAGE AND DRAINAGE EASEMENT AND
THE (2) TEMPORARY ACCESS AND STORM DRAIN EASEMENTS
WESTERLY OF SOUTH "H" STREET, BETWEEN BERKSHIRE ROAD AND I
HOSKING AVENUE ( IN TENTATIVE TRACT NO. 5738 ).
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CITY OF BAKERSFIELD
CALIFORNIA
AT ~AG·
OF I'ICIAL REcORDa 0"
KERN COUNTY. CALIFORNIA
ENGINEERING
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DEPARTMENT
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