HomeMy WebLinkAboutRES NO 24-98I
James Hap les,Assessor-Recorder
Kern County O{{i¢ial Records
DOCUI~ENT #:0198028098
PATTi
Pages: 4
3/06/1998
8:09:38
Other.
TOTAL
PAID
RESOLUTION NO. 4 - 9 8
Stat Types:l
A RESOLUTION ORDERING THE VACATION OF THE 20
FOOT W1DE ALLEY CONNECTING 22~r~ AND 23e'~
STREETS BETWEEN "H" AND EYE STREETS (IN CITY
BLOCK 164) IN THE CITY OF BAKERSFIELD.
WHEREAS, on WEDNESDAY, JANUARY 28, 1998, the Council of the City of
Bakersfield, pursuant to the provisions of the"Public Streets, Highways and Service Easements
Vacation Law," being Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the
State of California, passed and adopted its Resolution of Intention No. 1168 declaring its intention
to order the vacation of the 20 foot wide alley connecting 22"a and 23~ Streets between "IT' and Eye
Streets (in City Block 164) in the City of Bakersfield; and
WHEREAS, for the above-described project, it was determined tht the proposed
vacation is exempt from CEQA according the Section IVB3(f) of City of Bakersfield CEQA
Implementation Procedures, pursuant to Section 15305 of CEQA Guidelines in that there is no
possibility that the alley right of way vacation and proposed use could have a significant effect on the
environment (minor alterations in land use limitations); and
WHEREAS, at its meeting on December 18, 1997, the vacation was duly heard and
considered by the Planning Commission and was found to be consistent with the Metropolitan
Bakersfield General Plan; and
WHEREAS, said Council did fix a time and place for heating all persons interested
in or objecting to said proposed vacation, which hearing was held on Wednesday, February 25,
1998, after notices were duly published and posted as required by law.
Page 1 of 3
ORIGINAL
as follows:
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Bakersfield
The above recitals are true and correct and are incorporated herein.
All of the 20 foot wide public alley right of way in City Block 164 bounded by
prolongations of the north and south lines of said Block 164 as said alley and block
are shown on "Map of the City &Bakersfield" filed for record November 25, 1898
in the Office of the Kern County Recorder, is unnecessary for present or prospective
use for public alley purposes and is hereby vacated, subject to the conditions
enumerated herein.
A nonexclusive easement shall be reserved for public utilities purposes in, under, over
and upon the above described 20 foot wide alley fight of way in said Block 164 and
shall remain in effect subject to following Item 4.
Any superceded or diminished portion of the reserved public utilities easement (Item
3) within said vacated alley shall automatically terminate and be abandoned as an
easement when the applicant provides the following:
Applicant shall relocate the existing public utilities to the effective utility
company's satisfaction and acceptance.
Dedication of an adequate easement if any relocated public utility facilities
extend through private property with alignment and width thereof approved
by the City of Bakersfield and the utility company.
The reserved public utilities easement (Item 3) shall be released by an
instrument approved by the City of Bakersfield and the applicable utility
company which instrument shall be recorded in the Office of the County
Recorder of the County of Kern, State of California.
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
Page 2 of 3
ORIGINAl
I HEREBY CERTIFY that the foregoing was passed and~_opted by the Council of
the City of Bakersfield at a regular meeting thereof held on FEB 2 5 11198 , by the
following vote:
AYES: COUNClI..~EMI3ER Oe~OND, CARSON~ SMITH
NOES: COUNCI~EMBER
~TAIN: COU~ILMEMBER
~ ~UNCI~E~R
CITY CLERK AND EX OFFICIO C~ERK of
the Council of the City of Bakersfield
APPROVED
VI CE -MAYOR of the City of Bakersfield
APPROVED as to form:
JU~Y~SKOU-S~N
~TY ATTO~/NEY of the City of Bakersfield
Page 3 of 3
ORIGIk~AL
ii?
STATE
ROUTE 178
ROUTE /78
25TH
/' LI J s
24 TH
23 RD
,s l! K
22 NO
- a:
,.... ..,'.. ~ t, !,..,.. :. ;,,4
~ I ~ zorn
VACATION OF THE 20 FT. WIDE
I": 200'
/s % d '
ALLEY IN BLOCK 164.
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or~:c[~ RZCORDm OF CH[CKE~ORI~iA~i~
IK~RN ChUNk. C~.I.tFORN~ ENGINEERING DEPARTMENT