HomeMy WebLinkAboutRES NO 10-90RESOLUTION NO. 10-90
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ORDERING THE SLS~%RY VACATION
OF THE CLEAR SIGHT AREA EASEMENT LOCATED ON
THE NORTH SIDE OF TRUXTUN AVENUE B~'~EEN
EMPIRE DRIVE AND BAHAMAS DRIVE, AS DESIG-
NATHD ON PARCEL MAP NO. 7310, IN THE
CITY OF BAKERSFIELD.
W~RWEAS, Chapter 4 of Part 3 of Division 9 of the
Streets and Highways Code authorizes the City Council to
summarily vacate certain easements; and
W~RREAS, Centercal Properties Partnership II,
petitioned the Council to vacate the clear sight area easement on
that portion of Parcel 1 and Parcel 4 of Parcel Map No. 7310,
more fully described 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 1985 and
has never been used for the purpose for which it was dedicated;
and
WHEREAS, the subject easement is unnecessary for
present or prospective sight line purposes; and
WHEREAS, the Planning Commission at its meeting of
January 18, 1990, 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 tlhe 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 sight line easement in Parcels 1 and
4 on Parcel Map No. 7310, described in Exhibit "A" 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 environment.
5. Pursuant to Chapter 4 of Part 3 of Division 9 of
the Streets and Highways Code, the above-described sight line
easement is hereby vacated.
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.
.......... 000 ..........
I HEREBY CERTIFY that the foregoing Resolution was
passed and adopted by the Council of the City of Bakersfield at
regular meeting thereof held on FFR ? 1§§0 , by the
following vote:
AYES: COUNCIl. MEMBERS EDWARDS, O MOND, SM TH, ~,~Ut;;;;, PETERSON, McDERMOT[, SALVABB~O
NOES: COUNCILMEMBERS:
ABSENT COUNCILMEMBERS
ABSTAIN COUNCILMEMBERS' ~/c,,~ ~'
CITY CLERK and EX OFFICIO CLERK of the
Council of the City of Bakersfield
APPROVED FE ~ '7 ,:,.
Mayor of the City of Bakersfield
APPROVED as to form:
City AttOrney of ~he City o~ Bakersfield
Attachments
Exhibit "A"
Exhibit "B"
VAC-CLEAR.RES
2/1/90
EXHIBIT "A"
That portion of Parcel 1 and Parcel 4 of Parcel Map No. 7310 filed August 23, 1985
in Book 32 of Parcel Maps at Page 80 in the office of the Kern County Recorder,
designated as a "Clear Site Area" in said parcels.
EXCEPTING THEREFRCM the 6 foot wide water line easement filed in Book 5890, Page
1672, official records in the office of the Kern County Recorder.
D15:EXBT4RTY
o
PROPOSED
ABANDONMENT
PARCEL IA PARCEL B
~1 P- M. W. NO. 2-88
~SEMENT PER B~ 58~, B. 167~
ABANDONMENT OF THE "CLEAR SIGHT AREA"
EASEMENT ON THE NORTH SIDE OF TRUXTUN
AVENUE BETWEEN EMPIRE DRIVE AND
BAHAMA,~DRIVE (PER PARCEL MAPNO.71310
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