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HomeMy WebLinkAboutRES NO 106-00RESOLUTION NO. rl 0 6 -O0 A RESOLUTION ORDERING THE SUMMARY ABANDONMENT OF THE RESERVED PUBLIC UTILITY EASEMENT IN THE EAST HALF AND THE SOUTH 6.5 FEET OF THE WEST HALF OF THE VACATED ALLEY IN BLOCK 207 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, PORTER-ROBERTSON ENGINEERING ON BEHALF OF CAL- STATE UNIVERSITY OF MERCED, BAKERSFIELD EXTENSION, petitioned the Council for the summary abandonment of the reserved public utility easement in the east half and the south 6.5 feet of the west half of the vacated alley in Block 207 in the City of Bakersfield, described more particularly as all of the east half(east 132 feet) of the vacated 33 foot wide alley in Block 207 and the south 6.5 feet of the west half(west 132 feet) of said vacated alley as City blocks are shown on "Map of the City of Bakersfield" filed for record November 25, 1898, in The Office of the Kern County Recorder; and WHEREAS, the subject easement was reserved for public utility purposes per item 3 of previously adopted City Council Resolution No. 120-97 filed for record as Document No. 0197094564, Official Records in the Office of the Kern County Recorder; and WHEREAS, the subject easement is eligible for summary vacation on the basis that the easement has been superseded by relocation and no other public facilities are located within the easement; and WHEREAS, public utility easement is unnecessary for present prospective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 Bakersfield 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. 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the public utility easement in the Ci.ty of Bakers field described more particularly in the above recital has been superseded by relocation and therefore may be summarily abandoned by the legislative body.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 (general rule), 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 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 Kern, Califomia. .......... o0o .......... I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Bakemfi=sa =f a regular meeting thereof held on AUG 3 0 200{~ , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, G~.~,E~ SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER Council of the City of Bakersfield APPROVED AUG 3 0 2G00 BOB MAYOR of the City of Bakersfield APPROVED as to form: BART J. THILTGEN C~TY ATTORNEY of the City of Bakersfield BAKERSFIELD ~CHOOL DI -46 21 3{2) "Pi~OPOS. :'D ~ 'E'N T 20 TH ST ~ THE ABANDONMENT OF THE RESERVED PUBLIC UTILITY EASEMENT IN THE EAST HALF AND THE SOUTH 6.5 FEET OF THE WEST HALF OF THE VACATED ALLEY IN BLOCK 207. CITY OF BAKERSFIELD CALl FOR N I A ~ u~,,~,~.c~.T. Y- ENGINEERING DEPARTMENT cNgCr, Eo