HomeMy WebLinkAboutRES NO 021-06
James W. Fitch.!. Assessor- Recorder SABRINA
Kern County Official tiecords 2/06/2006
Recorded allhe request 01 8:17 AM
PUblic
DOC#: 0206030219
Stat Types: 1 Pages: 5
Recording requested by
and for the benefit of the
CITY OF BAKERSFIELD
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WHEN RECORDED MAIL TO:
CITY OF BAKERSFIELD
CITY CLERK
1501 TRUXTUN AVENUE
BAKERSFIELD, CA 93301
RESOLUTION NO. 021-06
A RESOLUTION OF THE COUNCIL ORDERING THE V ACA TION OF PUBLIC
UTILITIES EASEMENTS ON PORTION OF 36TH STREET, WEST OF
CHESTER A VENUE
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RESOLUTION NO. 0 2 1 -;;; 0 6
A RESOLUTION OF THE COUNCIL ORDERING
THE VACATION OF THE PUBLIC UTILITIES EASEMENTS
ON PORTION OF 36TH STREET, WEST OF CHESTER AVENUE
WHEREAS, on WEDNESDAY,.JßN. ft 5 ~ ,the Council of the City of
Bakersfield, pursuant to the provisions of the "Public Streets, Highways and Service
Easements Vacation Law," Government Code Sections 8300 et seq. of the Streets and
Highways Code of the State of California, passed and adopted Resolution of Intention
No. 1426 declaring its intention to order the vacation of the Public Utilities Easements
on that portion of 36th Street, West of Chester Avenue in the City of Bakersfield; and
WHEREAS, the Council did fix a tirne and place for hearing all persons
interested in or objecting to said proposed vacation, which hearing was held on
January 25, 2006, after notices of said hearing was duly published and posted as
required by law; and
WHEREAS, for the above-described project, it was determined that the proposed
vacation is exempt from CEQA, pursuant to Section 15061 (b) (3) of CEQA Guidelines
(General Rule) in that there is no possibility that the proposed action could have a
significant effect on the environment; and
WHEREAS, Planning department approved the vacation on December 8, 2005
per local ordinance and found to be consistent with the Metropolitan Bakersfield
General Plan.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield
as follows:
1. The above recitals are true and correct and are incorporated herein.
2, This Resolution is adopted pursuant to Section 8300, et seq, of the Streets and
Highways Code of the State of California.
3, The Council orders the vacation of the Public Utilities Easements on that portion
of 36th Street, West of Chester Avenue in the City of Bakersfield, County of Kern, State
of California, more particularly described in Exhibit "A" and shown in Exhibit "B"
attached hereto and made part hereof.
4. As a condition of the completion of said vacation, pursuant to Section 8324(b) of
the Streets and Highways Code of the state of California, the City Clerk shall not record
any final adoption of said vacation until the applicant provides for the realignment of the
facility lines within the vacating area to the satisfaction of the affected utility companies
and the City of Bakersfield Public Works Department. If needed the applicant shall
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provide adequate easements for any relocated public utility across private property to
be approved by the City of Bakersfield and or the public utility company.
5. 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---------------
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
TlIN 2 5 ?nM by the following vote:
CW)
NOES:
ABSTAIN:
ABSENT:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
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PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
JAN 2 5 201m
HARVEY L HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
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EXHIBIT "'A"
LEGAL DESCRIPTION
FOR
VACATION OF EASEMENTS
FOR THAT PORTION OF 36TH STREET
ABANDONED BY THE KERN COUNTY BOARD OF SUPERVISORS
PER RESOLUTION NO. 75.457
PARCEL 1
That certain EMERGENCY FIRE ACCESS EASEMENT as described in Kern County
Board of Supervisors Resolution No, 75-457 recorded October 1, 1975 in Book 4917,
Page 408, Official Records,
PARCEL 2
That certain easement and right at any time, or from time to time, pursuant to any
existing franchise or renewal thereof, to construct, maintain, operate, replace, remove,
renew and enlarge lines of pipe, conduits, wires, poles, and other convenient structures,
equipment and fixtures for the operation of gas pipelines, telegraphic of telephone lines
and for the transportation and distribution of electric energy, petroleum and its products,
including access to protect the property from all hazards in, upon and over the property
abandoned as described in Kern County Board of Supervisors Resolution No. 75-457
recorded October 1, 1975 in Book 4917, Page 408, Official Records. (Public Utilities
Easement).
PARCEL 3
That easement for ingress, egress, parking and road purposes as described in that
certain document recorded May 23, 1985 in Book 5763, Page 68, Official Records,
(Public Access Easement).
PARCEL 4
That easement for drainage purposes as described in that certain document recorded
May 24, 1985 in Book 5763, Page 811, Official Records,
PARCEL 5
That easement for sewer purposes as described in that certain document recorded July
25,1985 in Book 5772, Page 1293, Official Records,
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CHRISTOPHER L. CONWAY
DATE
THA T PORTION OF 36TH STREET WEST OF CHESTER
AVENUE AS ABANDONED BY KERN COUNTY BOARD
OF SUPERVISORS RESOLUTION NO. 75-457
RECORDED OCTOBER 1, 1975 IN BOOK 4917, PAGE
408, OFFICIAL RECORDS, IN THE OFFICE OF THE
KERN COUNTY RECORDER.
PORTER . ROBERTSON
ENGINEERING !. SURVEYING, INC,
661/327-0362 FAX 661 ¡.m-10B:'
EXHIBIT "8" " 0><1' ~
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ABANDONED 36TH STR~ET ~~
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EASEMENT VACA TIOWORIGINAL- ~
IN THE CITY OF BAKERSFIELD ~
05-2028
DA TE: OS/25/05
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