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HomeMy WebLinkAboutRES NO 149-90NA 068032 6454 PA; 2298 RECORDED BY GALE S. ENSTAD KE~X CC:!',:iY, !{ECORDER 15 9: 55 ORS .~ fR~E REC .~ Recording requested by and for the benefit of the City of Bakersfield. ~,ESOT.t~I ON NO. 149-90 MAIL TO, CITY CLERK'S OFFICE CITY HALL A RESOLUTION OF THE COUNCIL OF THE CITY OF ]50! TRUXTUN AVENUE BAKERSFIELD ORDERING THE $U}~h%RY VACATION BAKERSFIELD, CALIFORNIA 9330~F A 15-FOOT WIDE SE~BA LINE EASEMENT IN TRACT NO. 4673 AND TRACT NO. 4242-1 IN THE CITY OF BAKERSFIELD (NORTH OF SANTIAC4D COURT EASTERLY FROM CLAIRE ST~:~-'r). #~885W0 £001 itOl TII:47 WHF~KEAS, Chapter 4 of Part 3 of Division 9 of the Streets and Highways Code authorizes the City Council to summarily vacate certain easements; and WIlEREAM, John and Susan Blacksill, petitioned the Council to vacate the 15-foot wide sewer line easement in Tract No. 4673 and Tract No. 4242-1, described in full in Exhibit "A" and depicted in Exhibit "B", attached hereto and incorporated as though fully set forth herein; and WHEREAS, the subject easement is eligible for summary vacation on the basis that the easement was dedicated in 1982 and has never been used for the purpose for which it was dedicated, has been superseded by relocation and there are no other public facilities located within the easement; and WHEREAS, the subject easement is unnecessary for present or prospective sewer purposes; and WHEREAS, the Planning Commission, at its meeting of November 1, 1990, considered and found that the proposed vacation is consistent with the General Plan of the City of Bakersfield. NOW, TltEREFORE, BE IT RESOLYw-"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 & Highways Code, the 15-foot wide sewer line easement in Tract No. 4673 and Tract No. 4242-1, described in Exhibit attached hereto and incorporated as though fully set forth herein, 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 envi:ronment. 6454 PAG[ 2299 5. Pursuant to Chapser 4 of Part 3 of Division 9 of the Streets and Highways Code, the above-described sewer line easement is hereby vacated, and shall no longer constitute a public service easement. 6. The City Clezk 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 .......... - 2 - 6454 2300 I ~Y CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on NOV ? ]§§0 , by the following vote: AYES: COUNCILMEMBERS: EDWARDS, De~OND, SMITH, RRUNNL PETERSON, McDERMOTT, SALVAOOIO NOES; COUNCILMEMBERS ABSENT COUNCILMEMBERS' ABSTAIN: COUNCILMEMBERS /V~/~' CITY CLERK and EX OFFICIO CLERK of the Council of the City of Bakersfield APPROVED NOV ? 1990 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: ACTING CITY ATTORNEY of the City of Bakersfield LCM/RY/meg SUMMARY.VAC\ SEWER-LN.EAS 10/26/90 Attachments Exhibit "A" Exhibit E)~IBIT "A" 6454 2301 All of the 15 foot wide sewer easement extending across a portion of lots 16 through 21 as shown on map of Tract no. 4673 filed in Book 34 of maps, Page 104 and also across a portion of lots 12, 13 and 14 as shown on map of Tract No. 4242-Unit 1 filed in Book 31 of maps, Page 152 in the office of the Kern County Recorder. 4:EXH.1023 RTY :wrn 66 NORTH SC4££.' /"=pO0' ~ '.~" ; K YNE 0 ~V£/L L % 4V£NUE 15 SEWER LINE EAS~ENT~~I(~ ~' I' ' ~ , ~ ~ - ,~ .... , .~ ,, ~.,,.~o ~, ~ ,~ ~.' ,, I'~ I~,~,,t,. ~o ~, ' . /~ ,JIMSON CANYON ' ~ COURT -I ' .....' -:1r, ~ " ..............= '---~-" f~IRWE~ RO~D '~'ACATION OF THE 15 FT. WIDE SEWER IN TRACT NO. 4673 AND TRACT LINE EASEMENT NO. 4242- I CiTY OF BAKERSFIELD CALIFORNIA ENGINEERING DEPARTMENT