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HomeMy WebLinkAboutRES NO 159-94R~m'~ll~/j requ'~st'~d b~/"bn~ for the bernefit of the City of Bakersfield. MAIL TO, CITY CLERK'S OFFICE CITY HALL 1501 TP. UXTUN AVENUE BAKERSFIELD, CALIFORNIA 98301 RESOLUTION NO. 159-94 1 9021 A RESOLUTION ORDERING THE VACATION OF THE 33 FOOT WIDE ALLEY IN BLOCK 385 (BETWEEN "R" AND "S" STREETS NORTH OF CALIFORNIA AVENUE) IN THE CITY OF BAKERSFIELD. WHEREAS, on Wednesday, September 7, 1994, the Council of the City of Bakersfield, pursuant to the provisions of the "Public Streets, Highways and Service Easements Vacation Law," being Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California, passed and adopted its Resolution of Intention No. 1124 declaring its intention to order the vacation of the 33 foot wide alley in Block 385 (between "R" and "S" Streets north of California Avenue) in the City of Bakersfield; and WHEREAS, said 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, September 28, 1994, after notices were duly published and posted as required by law. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and are incorporated herein. 2. The 33 foot wide alley in block 385 (between "R" and "S" Streets north of California Avenue) in the in the City of Bakersfield, County of Kern, State of California and more particularly described as all of the 33 foot wide alley in Block 385 as said block and alley right of way are shown on "Map of the City of Bakersfield", filed for record November 25, 1898 in the office of the Kern County recorder, said alley area being bounded by the east right of way line of "R" Street and the west right of way line of "S" Street, is unnecessary for present or prospective alley purposes and is hereby vacated, subject to the conditions enumerated herein. 3. A nonexclusive easement shall be reserved for public utilities purposes in, under, over and upon the entire above described alley area. 4. An easement shall be reserved by the City of Bakersfield for public sewer main purposes in, under and upon a 15 foot wide strip lying 7.5 feet on each side of the center line of above described alley area. -1- ORIGINAL 5. All of or a portion of the reserved public utilities easement and city sewer line easement (Items 3 and 4) within said alley shall automatically terminate and be abandoned as easements when the applicant provides the following: Relocation of the existing public utilities and existing city sewer line to City of Bakersfield and public utility company standards and acceptance; and bo Dedication of adequate easements for any relocated city sewer line and public utilities extending through private property with alignments approved by the City and the utility companies. 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. -2- ORIGINAL I ltEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council~o~if the City of Bakersfield at a regular meeting thereof held on $£P I~ 8 1~ , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: $EP 2 8 199J~ BOB R~ MAYOR of the City of Bakersfield APPROVED as to form: JUDY K. SKOUSEN City Attorney RTY.wrn -3- ORIGINAL CALIFORNIA AVENU~ VACATION OF THE :5:5 FOOT WIDE ALLEY IN BLOCK :585 ORIGINAL ,,-- CITY OF BAKERSFIELD o,.'r[ ~-m-~ ~"~ CALIFORNIA "~'" O.WC:A~ ~[CO~DI O~ KeRN COUP. C&LSFOmNIA ENGINEERING DEPARTMENT