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
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Pages: 3
If/13/]997
13:22:23
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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the public service easements has been superseded by relocation and there are no other public utility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.
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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 ......
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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
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G:~LEGAL\1997LRSPM~723 .wpd
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October 21, 1997
ORIGINAL