HomeMy WebLinkAboutRES NO 163-89o3qo!{
Recording'requested by and for the
.I;~ nefit of the City of Bakersfield.
MAIL TO, CITY CLI~RK'$ OFFICE
CITY HALL
1501 TRUXTUN AVENUE
BAKERSFIELD, CALIFORNIA 93301
RESOLUTION NO. 163-89
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ORDERING THE SUMMARY VACATION
OF TI{E DRAINAGE EASEMENT IN PARCEL 2 OF
PARCEL MAP NO. 4821 ADJACENT TO FAIRVIEW
ROAD, WEST OF GOLDEN STATE HIGHWAY, IN THE
CITY OF BAKERSFIELD.
~, Chapter 4 of Part 3 of Division 9 of the
Streets and Highways Code authorizes the City Council to
summarily vacate certain easements; and
WtIEREAS, Wagner & Associates, Inc., petitioned the
Council to vacate 'the drainage easement on Parcel 2 described on
Parcel Map No. 4821, described in full in Exhibit "A" and
depicted in Exhibit "B", attached hereto and incorporated as
though fully set forth herein; and
WH]iREAS, the subject easement is eligible for summary
vacation on the basis that the easement was dedicated in 1978 and
has never been used for the purpose for which it was dedicated;
and
W~Kw. EAS, the subject easement is unnecessary for
present or prospective drainage purposes; and
W~i~RIEAS, the Planning Commission at its meeting of
August 17, 1989, 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 & Highways Code, the drainage easement in Parcel 2 on
Parcel Map 4821, 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 drainage
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.
..... ooo .....
6286 :1.062
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 AuKust 30, 1989 , by
the following vote:
AYES COUh.~SiL~EMBERS: ANTHONY, DeMOND SMITH RATrY
NOES COUNCILMEMSER.~F.., ~O~ ~ P~ERSON McDERMO~,SALVAGG~O
ABSENT: COUNCILMEMBERS ~O~
/s/ CAROL WILLIAMS
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
August 30, 1989
Is/
CLARENCE E. 5~EDDERS
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
/s/ ARTHUR J. SAALFIELD ARTHUR J. SAALFIELD
CITY ATTORNEY of the City of Bakersfield
AJS/meg
Attachment
Exhibit "A"
Exhibit "B"
VAC-EASE.R
8/23/89
- 3
EXHIBIT A
LEGAL DESCRIPTION
ALL ~6AT PORTION of Lot 10 of Section 19,
Township 30 South, Range 28 East, Mount
Diablo Meridian, Kern County, California,
according to Sales Map No. 1 of Lands of
J.B. Haggin, filed in the Office of the
County Recorder on May 3, 1889, being
more particularly described as follows:
COMMENCING at the East quarter corner of
said Section; thence N89°30'50"W along
the south line of the North half of said
Section, 638.55 feet; thence N00°36'50"E
parallel with the east line of said
Section, 45.00 feet to the True Point of
Beginning; thence continuing N00°36'50"E,
140.00 feet; thence N89°30'50"W, 120.00
feet; thence S00°36'50"W, 140.00 feet;
thence S89°30'50"E, 120.00 feet to the
point of beginning.
VAC-EASE.R
8/23/89
MEG
Scale: I"= 200'
, FAIRVIEW
9
PAR, I pAR. 2 PAR.
PAR. 4
P.r,/1. No. 4821
Po,, lion of Lot I0
P.M. Bk. 2~!~ Pg. 29
C-OrRD;-NO:-. 7 8-2,
CLOSING
'~---.(--.~'-- RD.
Pt?OPOSED
II
ABANDONMENT
TO DEDICATE
PARCEL 2 OF
OF IRREVOCABLE OFFER
DRAINAGE EASEMENT IN
PARCEL MAP NO. 4821.
x.
N.
%.
N.
N
N.
x. 0
EXHIBIT B,,
CITY OF BAKERSFIELD o,,.~,:
CALIFORNIA
ENGINEERING DEPARTMENT