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HomeMy WebLinkAboutRES NO 167-97Recording requested by and for the benefit of the City of Bakersfield. /~AIL TO, CITY Ct ERK'S OFF1CE CITY HALL 1501 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 RESOLUTION NO. James Hap l es, Ass~-~sor-Recorder Kern County Off, al Records DOCUMENT #:0197150453 · 01971S0453~ 167-97 Other TOTAL PAID SOFIR Pages: 3 If/13/]997 13:22:23 Star Types:l A RESOLUTION ORDERING THE SUMMARY ABANDONMENT OF THE RESERVED 20 FOOT WIDE PUBLIC UTILITY EASEMENT LOCATED SOUTHEASTERLY OF CALIFORNIA AVENUE AND OAK STREET IN PARCEL 1 OF PARCEL MAP NO. 9723 IN THE CITY OF BAKERSFIELD. WHEREAS, Chapmr 4, Article 2, Section 8335 of the Streets and Highways Code authorizes the City Council to summarily vacate certain public service easements; and WHEREAS, ARCO PRODUCTS COMPANY, REAL ESTATE DEPARTMENT, petitioned the Council for the abandonment of the reserved 20 foot wide public utility easement located southeasterly of California Avenue and Oak Street in Parcel 1 of Parcel Map No. 9723 in the City of Bakersfield described more particularly as follows: The 20 foot wide public utility easement reserved within Parcel 1 of Parcel Map No. 9723 per map filed for record in Book 45 of Parcel Maps at Pages 116, 117 and 118 in the office of the Kern County Recorder. Excepting therefrom, the west 5.00 feet of said easement. Also excepting therefrom, the north 5.00 feet of the east 5.00 feet of said easement. WHEREAS, the subject easement is eligible for summary vacation on the basis that the public service easements has been superseded by relocation and there are no other public utility facilities located within the easement; and WHEREAS, the public utility easement is unnecessary for present or prospective public utility purposes; and WHEREAS, The Planning Commission, at its meeting on October 2, 1997, considered and found that the proposed abandonment is consistent with the Metropolitan Bakersfield 2010 General Plan. -1- 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. The proposed abandonment is consistent with the Metropolitan Bakersfield 2010 General Plan. In accordance with Section 8333 (c) of the California Streets & Highways Code, the reserved 20 foot wide public utility easement located southeasterly of California Avenue and Oak Street in Parcel 1 of Parcel Map 9723 in the City of Bakersfield described more particularly in the above recital has been superseded by relocation and there are no other public facilities located within the easement 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 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 Highway Code, the aboveq:leseribed easement is hereby abandoned and from the date of recordation of this Resolution shall no longer constitute a public utility 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, California ...... 000 ...... -2- OR,G} 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 NOV .5 1997 , by the following vote: AYES: COUNC!LMEMSER De~OND, CARSON, SEffH, McDERMOTT, ROWLEB, ~ULLIVAN, gALYA~GIO N..,.~. CO L,,,,.~L: ..~, ?l ~\'Y'~45 ABSENT: COUNCJUdE~tZSER )~ C~ . CITY CLERK and Ex Officio ~lerk of the Council of the City of Bakersfield APPROVED: }10V 5 ~997 BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: City Attorney -3- G:~LEGAL\1997LRSPM~723 .wpd RTY.cah October 21, 1997 ORIGINAL