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Home My WebLink AboutRES NO 050-04Recording requested by and for the benefit of the CITY OF BAKERSFIELD WHEN RECORDED MAIL TO: CITY OF BAKERSFIELD CITY CLERK 1501 TRUXTUN AVENUE BAKERSFIELD CA 93301 James W. Fitch, Assessor-Recorder PATTI Kern County Official Records 3/17/2004 Recorded st the request of 11:22 AM Public 0204058295 Stat Types: 1 Pages: 6 Fees Taxes 0.0~ Others 0.0O PAID $0.00 RESOLUTION NO. 050-04 A RESOLUTION ORDERING THE SUMMARY ABANDONMENT OF THE RESERVED PUBLIC UTILITY EASEMENT RIGHTS IN VACATED 1sT, 2N~, 3RD AND "R" STREETS WEST OF TRACT NO 1396 ORIGiN.AL RESOLUTION NO. 050- 04 A RESOLUTION ORDERING THE SUMMARY ABANDONMENT OF THE RESERVED PUBLIC UTILITY EASEMENT RIGHTS IN VACATED 1sT, 2ND, 3RD AND"R" STREETS WEST OF TRACT NO. 1396 WHEREAS, Chapter 4, Article 2, Section 8335 of the Streets and Highways Code authorizes the City Council to summarily abandon certain streets, highways or public service easements by adoption of a Resolution of Abandonment; and WHEREAS, The Corporation for Better Housing petitioned the Council for the summary abandonment of the reserved Public Utility Easement rights in vacated 1st, 2nd, 3rd and "R" Streets west of Tract No. 1396 described more particularly in Exhibit "A" attached hereto and made a part hereof; and WHEREAS, the subject reserved public utility easements are eligible for summary abandonment on the basis that the easements are unused and have not been used for the purpose for which they were reserved for more than five consecutive years preceding this proposed abandonment; and WHEREAS, the subject public utility easements are unnecessary for present or prospective public service easement purposes; and WHEREAS, The Planning Commission, at its meeting on February 19, 2004, 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 of Bakersfield as follows: 1. All the foregoing recitals are found to be true and correct. 2. The proposed abandonment is consistent with the Metropolitan 2010 General Plan. in accordance with Section 8333 (a) of the California Streets & Highways Code, the reserved public utility easements in the City of Bakersfield described more particularly in said Exhibit "A", have not been used for the purpose for which they were acquired for five consecutive years immediately preceding abandonment 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 pursuant to Section 15061(b)(3) of CEQA guidelines G:\GROUPDAT~ADMINRPT~2004\03-10\Res Aband Res PUEs.doc -1- (general rule), because there is no possibility that the action may have a significant effect on the environment. All of the above described reserved public utiliy easements (per attached Exhibit "A") are unnecessary for present or prospective use for public utility easement purposes and are hereby abandoned subject to the conditions enumerated herein. Pursuant to Chapter 4, Article 2, Section 8335 of the Streets and Highways Code, the above-described public utility easements are hereby abandoned and from the date of recordation of this Resolution shall no longer constitute public service 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, California. .......... 000 .......... G:\GROUPDAT~ADMINRPT\2004\03-10\Res Aband Res PUEs.doc -2- ORIGINAL ~ 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 .u..AR ! @ 200~ bythe following vote: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, HAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTHY, I~,MC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAR ! 0 20D4 APPROVED as to form VIRGINIA GENNA~) City Attorney G:\GROUPDAT~ADMINRPTt2004\03-10\Res Aband Res PUEs.doc -3- ORIGINAL EXHIBIT "A" ABANDONMENT OF RESERVED PUBLIC UTILITY EASEMENTS Those portions of the public utility easement rights reserved in vacated 1st, 2nd, 3rd and "R" Streets as adopted by City Council Resolution of Intention No. 648 and ordered for closing by Resolution of City Council adopted August 6, 1945. Said easements are situated in the southeast 1/4 of Section 31, T. 29 S., R. 28 E., MD.M, City of Bakersfield, Kern County, California, being more particularly described as follows: (a.) all of those portions of vacated 1st, 2nd and 3rd Streets lying between the easterly line of "P" Street and the westerly line of Tract No. 1396 filed for record in Book 6 of Maps, Page 56 in the Office of the Kern County Recorder. (b.) all of that portion of vacated "R" Street lying between the northerly line of Brundage Lane and the southerly line of 4th Street. All of the above described streets are as shown on "Map of the City of Bakersfield" filed for record November 25, 1898, Book 1 of Maps, Page 13 and 14 in the Office of the Kern County Recorder. G:\GROUPDAT~Ron~2004\EXHIBIT A - Abandon PUE.doc ORIGINAl. 4th St._ 6~0.S'TYm '~1 I-I- Chester Place~ ~ : __ __ -- 182.5 TYP. r/~ -- 3rd St. ~ -_~Z~-_~_~_ ~-_/7-_~_~ _~-_/z-_~_~2 ~ '_ ~_~ - I I Bank St._ Brunda~e kane ABANDONMENT OF RESERVED PUBLIC UTILI~ EASEMENT RIGHTS IN VACATED 1st, 2nd, 3rd, AND "R" STREETS WEST OF T~CT No. 1396 OlTY OE BAKERS~IELB DATE: 07/15/02 CALIFORNIA D~AWN: D.S.C. ENGINEERING DEPARTMENT CHECKED: R.T.Y.