HomeMy WebLinkAboutRES NO 174-92 RECO IN
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RECORDED BY GAtE ? Ef!STLi~
~ERN COUNTY C~ ....
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RESOLUTION NO, 174-92
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A RESOLUTION ORDERING THE SUMMARY VACATION OF A PORTION OF GEORGIA
DRIVE (PUBLIC ACCESS EASEMENT) BETWEEN MANOR STREET AND FA! .! GArl tzR
STREET IN THE CITY OF BAKERSFIELD.
¥~HEREAS, Chapter 4 of Part 3 of Division 9 of the Streets and Highways Code authorizes the City
Council to summarily vacate right-of-way and easements; and
WHEREAS, CORNERSTONE ENGINEERING INC. petitioned the Council to vacate a portion of
Georgia Drive (public access easement) between Manor Street and Fallgarter Street in the City of Bakersfield
described in full in Exhibit "A" and depicted in Exhibit "B", attached hereto and incorporated as through fully
set forth herein, and
WHEREAS, the subject easement is eligible for summary vacation on the basis that the public access
easement was granted in 1974 and has never been used for purpose for which it was granted for over five years
immediately preceding this vacation; and
WHEREAS, the access easement is unnecessary for present or prospective public access purposes; and
WHEREAS, The Planning Commission, at its meeting of September 3, 1992, 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 of the California Streets & Highways Code, a portion of Georgia
Drive (public access easement) between Manor Street and Fallgatter Street described in Exhibit "A" attached
hereto and incorporated as though fully set forth herein, has not been used since being granted more than five
years ago.
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 access 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.
6732 1509
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 September 16, 199g . by the following vote:
AYES, COUNCILMEMBERS EDWARDS, DEMOND, SMITH, BRUNNI, PETERSON,
MCDERMOTt, SALVAGGIO
NOES, COUNCILMEMBERS None
ABSENT COUNCILMEMBERS None
ABSTAIN COUNCILMEMBERS None
CITY CLERK AND EX OFFICIO CLERK of
the Council of the City of' Bakersfield
APPROVED September i[6. 1992
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI~ ,~
CITY ATTORNEY of the City of Bakersfield
EXHIBIT "A"
A portion of the 30 foot-wide access easement recorded in Book 4872, Page 1996 of official records and also
shown as Georgia Drive in Parcel "A" of Parcel Map No. 3861 filed in Book 19 of Parcel Maps, at Page 34
in the office of the Kern County Recorder, more particularly desert'bed as follows:
That portion of said access easement bounded on the west by a line parallel with and 30 feet southeasterly
of (measured on a perpendicular) the northwesterly side of said Parcel "A" and bounded on the east by the
west line of the east 55 feet of said Parcel "A".
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EXHIBIT "B"
I P.M. 5476
North
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SCALE: I"= 250'
P.M. NO, 3861
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j DENISE ; AVENUE ~ J"x ', , ~
. . . . . ,,'"'-~.. ,, ,,. ,~,,, ~ ,-~.@,
OF A PORTION OF GEORGIA DRIVE
EASEMENT) BETWEEN MANOR
FALLGATTER STREET
VAC AT I 0 N
( ACCESS
STREET AND
CITY OF BAKERSFIELD
CALl FORN IA
ENGINEERING DEPARTMENT