HomeMy WebLinkAboutRES NO 51-92 55932
6663 346
GALE S.
KERi COo,, i.c. CORD R
19 2 APR 21 71'1 I: 21
RESOLUTION NO. 51-92
A RESOLUTION ORDERING THE SUMMARY VACATION OF
CITY AND PUBLIC UTILITIES EASEHENT RIGHTS IN
THE PRIVATE ACCESS EASEMENT IN LOT 3 OF TRACT
NO. 4542 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, ALTA ENGiNEERING/HUGHES SURVEYING, petitioned
the Council to vacate all City easement rights and public utilities
easement rights in the 26 foot wide private access easement in
Lot 3 of Tract No. 4542 per map filed June 22, 1983 in Book 32 of
Maps, Pages 104 and 105 in the Office of the Kern County Recorder;
and
WHEREAS, the subject easement is eligible for summary
vacation on the basis that the easement was dedicated in 1983 and
has never been used for the purpose for which it was dedicated for
five consecutive years immediately preceding this vacation; and
WHEREAS, the subject easement is unnecessary for present
or prospective access or public utilities purposes; and
WHEREAS, the Planning Commission, at its meeting of
March 19, 1992, considered and found that the proposed vacation is
consistent with the General Plan of the City of Bakersfield.
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 General
Plan of the City of Bakersfield.
3. In accordance with Section 8333 of the California
Streets and Highways Code, the above described 26 foot wide private
access and public utilities easement in Lot 3 of Tract No. 4542,
has not been used since its dedication 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 Highways Code, the above-described City and public
utilities easement interests are hereby vacated, and shall no
longer constitute a public service 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.
.......... o0o ..........
~oo~:6663 ~ 34S
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 ~P~ - 8 18%~ , by the
following vote:
ASSISTANT
CITY CLERK and Ex Officio C~rk of the
Council of the City of Bakersfield
APR - S
APPROVED:
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
LA~RENCE ~. ~UNARDIN~ ~
CITY ATTORNEY of the City of Bakersfield
STATE OF CALIFOP/qIA),,
County of Kern)
349
I, Carol Williams, City Clerk of the City of
Bakersfield, State of California, hereby certify
the foregoing and annexed to be a full, true and
¢or_~ect copy of the oriq~nal
on file in this office and that I have compared
the same with the original.
WITNESS my hand and seal this day
Ca~l Williams, City Clerk
~r~-, City Clerk U
03/30/92
RTY/mro
T4 5 4 2VAC. iR.~B
VACATION OF THE 26 FOOT WIDE PRIV.~E.%~
ACCESS / PUBLIC UTILITIES EASEMEN~ IN g~
LOT 3 OF TRACT NO. 4542. OR,O~AL
CITY OF BAKERSFIELD ~^'~
CALl FORN IA
ENGINEERING DEPARTMENT