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RESOLUTION k~O. )05-00
TITLE OF DOCUMENT
RESOLUTION NO. 10 5 - 0 0
A RESOLUTION ORDERING THE SUMMARY
ABANDONMENT OF THE WEST 130 FEET
OF THE 5 FOOT WIDE PUBLIC' UTILITY
EASEMENT ALONG THE SOUTH LINE OF
LOT 3 OF TRACT NO. 5698
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, HARRY C. ELLINGSTON, JR. ON BEHALF OF OWNERS OF
LOTS 2, 3 AND 4 OF TRACT NO. 5698, petitioned the Council for the summary
abandonment of the west 130 feet of the 5 foot wide Public Utility Easement along the south line
of Lot 3 of Tract No. 5698 in the City of Bakersfield, described more particularly as all of the
west 130 feet of the 5 foot wide Public Utility Easement within and adjoining the south line of
Lot 3 of Tract No. 5698 filed in Book 42 of Maps, at Page 175 in The Office of the Kem County
Recorder.
WHEREAS, the subject easement is eligible for summary vacation on the basis that the
easement has been superseded by retocation and no other public facilities are located within the
easement; and
WHEREAS, the public utility easement is unnecessary for present prospective public
purposes; and
WHEREAS, The Planning Commission, at its meeting on August 3, 2000, considered
and found that the proposed abandonment is consistent with the Metropolitan Bakers field 2010
General Plan.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Bakers~eld as
follows:
1. All the foregoing recitals are found to be true and correct.
2. The proposed abandonment is consistent with the Metropolitan 2010 General Plan.
In accordance with Section 8333 (c) of the Califomia Streets & Highways Code, the
public utility easement in the City of Bakersfield described more particularly in the above
recital has been superseded by relocation and therefore may be summarily abandoned by
OR~INAL
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 (general role), because
them 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 public utility 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 Kem, California.
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ORiGiNAL
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the City Council of the City of Bakersfield at a regular meeting thereof held on
AUG 3 0 Z000 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, G~E~ ,SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
APPROVED AUG 3 0 ;2000
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
ORdiNAl,
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PANAMA LANE
THE ABANDONMENT OF THE WEST 130 FEET OF THE 5 FOOT
PUBLIC UTILITY EASEMENT ALONG THE SOUTH LINE OF LOT 3 OF
TRACT NO. 5698.
RE'OR"'" " CITY OF BAKERSFIELD
,..ooK ^'~ ,.A,r CALIFORNIA i.--
OFFICIAL RECORDi OF '~
KERN COUP. CAU~RmA ENGINEERING DEPARTMEN~