Loading...
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. .~:~c°"°'~".oo. .,,-~ .~.. ..-- Ci~ CALIFORNIA J or~:c[~ RZCORDm OF CH[CKE~ORI~iA~i~ IK~RN ChUNk. C~.I.tFORN~ ENGINEERING DEPARTMENT