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HomeMy WebLinkAboutRES NO 177-99RECORDING REQUESTED BY WHEN RECORDED MAIL TO AND UNLESS OTHERWISE STATED BELOW, MAIL TAX STATEMENTS TO: City Clerk 1501 Truxtun Avenue Bakersfield, CA 93301 James Hap les,Assessor-Recorder Kern County Official Records DOCUM£NT #:0199180513 JASON Pages: 6 12/22//999 8:00:00 Other TOTAL PAID Stat Types:l This page has been added t( provide adequate space for recording information (Additional recording I'ees apply) Resolution RESOLUTION NO. 1 7 7 ' 9 9 A RESOLUTION ORDERING THE SUMMARY ABANDONMENT OF THE 10 FOOT WIDE SEWER EASEMENT ON THE SOUTH SIDE OF BUSINESS CENTER DRIVE, EASTERLY OF CALIFORNIA AVENUE IN PARCEL "C" OF PARCEL MAP NO. 3780 IN THE CITY OF BAKERSFIELD. 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, PORTER-ROBERTSON ENGINEERING, petitioned the Council for the summary abandonment of the 10 foot wide sewer easement on the south side of Business Center Drive, easterly of California Avenue in Parcel "C" of Parcel Map No. 3780 in the City of Bakersfield described more particularly in Exhibit "A" attached hereto and made a part hereof: and WHEREAS, the subject easement is eligible for summary vacation on the basis that the easement has been superseded by relocation and no other public facilities are located within the easement; and WHEREAS, the public sewer easement is unnecessary for present or prospective public purposes; and WHEREAS, The Planning Commission, at its meeting on November 4, 1999 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. The proposed abandonment is consistent with the Metropolitan Bakersfield 2010 General Plan. In accordance with Section 8333 (c) of the California Streets & Highways Code, the public sewer easement in the City of Bakersfield described more particularly in the above recital has been superseded by relocation and therefore may be summarily abandoned by the legislative body.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, because there is no possibility that the action may have a significant effect on the environment. Pursuant to Chapter 4, Article 2, Section 8335 of the Streets and Highway Code, the above-described sewer easement is hereby abandoned and from the date of recordation of this Resolution shall no longer constitute a public service easement. 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 ...... o0o ...... -2- I ItEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on BEC 1 .5 19~3 , by the following vote: AYES: COUNCILME!¢gER DeMOND, CAR,qorq, M,~GGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCILM,~MSER t~ ~t4 ~- ABSTAIN: COUNCILMEM'3ER ,~ Q, 1-4 ~ ABSENT COUNCiLMEMBER 1'4 ~ 1'4 ¢._ CITY CLERK and Ex OW~do Clerk Council of the City of Bakersfield of the APPROVED: DEC 15 1999 MAYOR of the City of Bakersfield APPROVED as to form: By: BART J. THILTGEN City Attorney G:\GROUPDAT\IegaI\I999\ROI - ParCel C of PM 3780.wpd -3- EXHIBIT "A" That strip of land 10 feet in width, located in the southeast 1/4 of Section 34, T. 29 S., R. 27 E., M.D.M., City of Bakersfield, County of Kern, State of California, being a part of Parcel "C" of Parcel Map No. 3780 filed for record in Book 17 of Parcel Maps, Page 12 in the office of the Kern County Recorder, also being "Strip 2" of that sewer line easement filed for record in Book 4998, Page 1119, O.R. in the office of the Kern County Recorder, the center line of said strip being described as follows: Strip 2: Commencing at the northwest comer of said Parcel C; thence East along the north line thereof, 4.57 feet to the beginning ora tangent curve, concave southerly, of radius of 25 feet; thence Southeasterly, along said curve, through a central angle of 12 ° 32' 41 ", an arc distance of 5.47 feet to the TRUE PO1NT OF BEGINNING; thence South parallel to the west line of said Parcel C, 189.40 feet, G:\GROUPDATXRon~Parcel Map No 3780 Exhibit Awpd ,, ",~ , 4395 /~~, ,;t'" Ne /~'~ ~. ,,'~ ,,, ~ /I I/' ,, ,,J~ ~'7/~. ~A · ~" ~ * ~ ~ ,' ,. ~ ~1 ~ ~~-I I~~r ~. 'P~/~._ Easement ~ ~' M~P "' P~ ~ ~ ~ ~ ~ MAP ~ ~ ~ .... ~ i p~flC~c ~ ~ PROPOSED ~8~NDON~[NT ~7~ Scale: : 200' / / ""' ~ ............................. ~ ........... ABANDONMENT OF THE 10 FOOT WIDE SEWER EASEMENT AT 5201 BUSINESS CENTER DRIVE (PARCEL "C", PARCEL MAP 3780). ,.~ *, ,*o, CALIFORNIA