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HomeMy WebLinkAboutRES NO 92-94Recordihg re~uested by'~nd ~or the b~e~it of the Ctt~ of B~kersfield. tV~AIL TO, CITY CLEit, K'S OFFICE CITY HALL 1501 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 98301 RESOLUTION NO. 121818 9 -94 7074 0811 RECORDED By 6ALE S. EhlST~D 9~L]G 15 PH I: 59 A RESOLUTION ORDERING THE SUMMARY VACATION OF A PORTION OF THE 6 FOOT WIDE PUBLIC UTILITIES EASEMENT IN LOTS 1 AND 2 OF TRACT NO. 5245-PHASE 1 (SOUTH SIDE OF BRIMHALL ROAD BETWEEN MONDAVI WAY AND HARVEST CREEK DRIVE) 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 easements; and WHEREAS, THE FULLER GROUP, INC. petitioned the Council to vacate a portion of the 6 foot wide Public Utilities Easement in Lots 1 and 2 of Tract No. 5245-Phase 1 (south side of Brimhall Road between Mondavi Way and Harvest Creek Drive) in the City of Bakersfield described in full in Exhibit "A", attached hereto and incorporated as through fully set forth herein, and WHEREAS, the subject easement is eligible for sumanary vacation on the basis that the public utilities easement was granted in 1990 and has never been used for the purpose for which it was granted and the date of dedication is less than five years, and more than one year immediately preceding this vacation; and WHEREAS, the easement is unnecessary for present or prospective public utilities purposes; and WHEREAS, The Plann/ng Commission, at its meeting of April 21, 1994, 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 Bakersfield 2010 General Plan. 3. In accordance with Sections 8333(c) of the California Streets & Highways Code, a portion of the 6 foot wide Public Utilities Easement in Lots 1 and 2 of Tract No. 5245-Phase 1 (south side of Brimhall Road between Mondavi Way and Harvest Creek Drive) described in Exhibit "A" attached hereto and incorporated as though fully set forth herein, has not been used since being dedicated less than five years, and more than one year, immediately preceding this proposed vacation. 4. 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. 5. Pursuant to Chapter 4 of Part 3 of Division 9 of the Streets and Highway Code, the above- described easement is hereby vacated and shall no longer constitute a public utilities 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 reqorded in the Office of the County Recorder of the County of Kern, California. ......... O00 ......... 7074 0812 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 ,,lUll 2 9 199~ , by the following vote: AYES, COUNCILMEMBERS EDWARDS, DEMOND, SMITH, BRUNNI, ROWLES, MCDERMOTT, SALVAGGIO NOES, COUNCILMEMBERS ~ { ~ 4- ABSENT COUNCILMEMBERS ~ (D~ ~ ABSTAIN COUNCILMEMBERS ~-~ [3,/~ .~ . CITY CLERK AND EX OFFICIO CLERK of the Council of the City of Bakersfield APPROVED ,JUN 2 9 '~1[. MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN ~¢'~ ~ ACTING CITY ATTORNEY of the City of Bakersfield 7074 08t3 EXHIBIT "A" A 6 foot-wide strip of land situated in the Northwest Quarter of Section 32, Township 29 South, Range 27 East, M.D.M., City of Bakersfield, County of Kern, State of California, more particularly described as follows: That portion of the 6 foot wide Public Utilities Easement (P.U.E.) in Lots 1 and 2 of Tract No. 5245-Phase 1 (per map filed in Book 38 of Maps, Page 64 in the office of the Kern County Recorder) being bounded westerly by the east line of the west 6 feet of said Lot 1 and bounded easterly b~ the west line of the east 6 feet of said Lot 2.