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HomeMy WebLinkAboutRES NO 38-00Recording requested by and for the benefit of the CITY OF BAKERSFIELD James Hap les,Assessor-Recorder Kern County OCficial Records DOCUMENT #: 0200053387 Other., TOTAL PAID JASON Pages: 5 5/03/2008 14:0e:00 WHEN RECORDED MAIL TO: Stat Types:l CITY OF BAKERSFIELD CITY CLERK 1501 TRUXTUN AVENUE BAKERSFIELD CA 93301 RESOLUTION NO. 38-00 A RESOLUTION ORDERING THE SUMMARY ABANDONMENT OF THE RESERVED PUBLIC UTILITY EASEMENTS AND SEWER LINE EASEMENT IN THE 15,8 ACRE SITE ON THE EAST SIDE OF R STREET BETWEEN 21sT AND 24TM STREETS IN THE CITY OF BAKERSFIELD. RESOLUTION NO. $8-00 A RESOLUTION ORDERING THE SUMMARY ABANDONMENT OF THE RESERVED PUBLIC UTILITY EASEMENTS AND SEWER LINE EASEMENT IN THE 15.8 ACRE SITE ON THE EAST SIDE OF "R" STREET BETWEEN 21sT AND 24TM STREETS 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, THE KERN COUNTY SUPERINTENDENT OF SCHOOLS, petitioned the Council for the summary abandonment of the reserved public utility easements and sewer line easement on the east side of"R" Street between 21st and 24th Streets in the City of Bakersfield, described more particularly as all of those two public utility easements reserved in the vacated 20' wide alley in Block 144 and the vacated 33' wide alley in Block 185 as said alleys and blocks are shown on "Map of the City of Bakersfield" filed for record November 25, 1898 in the office of the Kern County Recorder; also all of that public sewer line easement reserved in the south 40' of the west 155.50 feet of vacated 23rd Street between "R" and "T" Streets as shown on said "Map of the City of Bakersfield; and WHEREAS, the subject easements were reserved for public purposes per items 3 and 4 of previously adopted City Council Resolution No. 9-98 filed for record as Document No. 0198021785, Official Records in the Office of the Kern County Recorder; and WHEREAS, the subject easements are eligible for summary vacation on the basis that the easements have been superseded by relocation and no other public facilities are located within the easements; and WHEREAS, the public utility easements are unnecessary for present prospective public purposes; and WHEREAS, The Plmming Commission, at its meeting on April 6, 2000, 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 -1- follows: All the foregoing recitals are found to be true and correct. The proposed abandonment is consistent with the Metropolitan 2010 General Plan. In accordance with Section 8333(c) of the California Streets & Highways Code, the public utility easements and public sewer easements in the City of Bakersfield described more particularly in the above recital have been superseded by relogation 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 Highways 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 .......... oOo ......... -2- 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 ?~ ~ fl ?~i] , by the following vote: AYES: COUNCILMEM~ DeMOND, CARSON, MAGGARD, COUCH, ROWLSS, SULLIVAN, SALVAGGtO NOES: COUNCILMEMB=R l~J_O t4 ~.. ABSTAIN: COUNCILI,~EMBER ~INI~- ASSENT' COUNCiLMEMBER I~,~01~1,~:2 CITY CLERK and Ex Offici~Clerk of - the Council of the City of Bakersfield APPROVED: MAYOR of the City of Bakersfield APPROVED as to form: BART J. TItlLTGEN City Attorney G:\GROUPDA1XADMINRPTX2000~Apri126~resolution R.wpd 21 ST STREET THE ABANDONMENT OF RESERVED PUBLIC UTILI~ EASEMENTS AND SEWER LINE EASEMENT IN 15.8 ACRE SITE ON EAST SIDE OF "R" STREET BE~EEN 21s* AND 24*" STREETS. .~co.o~ ~. CI~ OF BAKERSFIELD ,..oo. ~*.A*. CALIFORNIA ..~ R*T.Y. ~=.. cou.w, c~o.~l~ ENGINEERING DEPARTMENT