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HomeMy WebLinkAboutRES NO 42-94~ecordi.ng requested by and for the benefit of the City of Bakersfield. MAIL TO, CITY CLERK'S OFFICE CITY HALL 1501 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 RESOLUTION NO. 05 93 4 2-94 A RESOLUTION ORDERING THE SUMMARY VACATION OF PUBLIC SERVICE EASEMENT RIGHTS IN THE 30 FOOT WIDE ACCESS EASEMENT IN PARCEL 4 OF PARCEL MAP NO. 3668 (SUPERSEDED BY PARCEL MAP WAIVER NO. 25-93) IN THE CITY OF BAKERSFIELD. 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 WHEREAS, VONS COMPANIES, INC., petitioned the Council to summarily vacate a public service easement in the 30 foot wide access easement in Parcel 4 of Parcel Map No. 3668 in the City of Bakersfield described in full in Exhibit "A" attached hereto and incorporated as though fully set forth herein; and WHEREAS, the subject easement is eligible for summaW vacation on the basis that the public service easement has been superseded by relocation pursuant to Parcel Map Waiver 25-93 per certificate of compliance recorded in Book 6959, Page 2403, Official Records, in the office of the Kern County Recorder; and WHEREAS, The Planning Commission, at its meeting of March 17, 1994, considered and found that the proposed vacation is consistent with the Metropoli[an Bakersfield 2010 General Plan. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: I. All the foregoing recitals are found to be true and correct. 2. The proposed vacation is consistent with the Metropolitan Bakersfield 2010 General Plan. 3. In accordance with Sections 8333 (c) of the California Streets & Highways Code, a service easement in the 30 foot wide access easement in Parcel 4 of Parcel Map No. 3668 in the City of Bakersfield described in Exhibit "A" attached hereto, has been superseded by relocation, and there are no other public facilities located within the easement. 4. The action herein taken is exempt fxom the requirementsof the California Environmental Quality Act because there is no possibility that the action may have a significant effect on the environment. 5. Pursuant to Chapter 4 of Part 3 of Division 9 of the Streets and Highway Code, the above- described easement rights are hereby vacated and shall no longer constitute a public service easement. 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. ()RIGiNAL 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 APR 0B 1~q% , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED APR 0 6 1~% BOB ICE~ MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN, ACTING CITY ATTORNEY City of Bakersfield BnoN~O~4PAGE '~'5 EXHIBIT "A" All of the 30 foot wide access easement in Parcel 4 (adjacent to the west line and a portion of the north line of said Parcel 4) of Parcel Map No. 3668 filed in Book 16 of Parcel Maps, Page 127 On the office of the Kern County Recorder, also being a portion of the northeast quarter of Section 13, Township 30 South, Range 27 East, M.D.M., City of Bakersfield, County of Kern, State of California, said access easement filed for record in Book 4973, Page 405, Official records, in the office of the Kern County Recorder. RESERVING THEREFROM those separate easements in favor of Pacific Gas and Electric Company (Extending across above described easement) filed for record in Book 5020, Page 2202 and Book 5020, page 2204, Official Records, in the office of the Kern County Recorder. OR,GI~ t,~L N MA? NO, J P.M. NO. 3668 I I~ l'" ~ P.M. ElK. 16, PG. 177 OF L./-\~ IL)..~ PBOPOSEO CL OS/NG pM, NO. 1569 PM. ElK. 7, PG. PARCEL $0' ACCESS EASEMENT VACATIONOF THE 50 FT. WIDE ACCESS EASE- MENT IN PARCEL 4. OF PARCELMAP NO. 5668 ,,Eco. o,~,. ,,__ CITY OF BAKERSFIELD ~^T~ ,..oo. ^~' ~.^oF CALl FORN IA o,~w. ,e. ~. r. K~[RN COUI~"Y, CALIFORNIA ENGINEERING DEPARTM~=NT CHECKED