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HomeMy WebLinkAboutRES NO 51-98Recording requesYed by and for the benefit of the City of Bakersfield. N~,IL TO, CITY CLERK'S OFFICE CITY HALL 1.501 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 9330! RESOLUTION NO. James Maples,Assessor-Recorder Kern County Official Records DOCUMENT #:0198065710 51-98 SOFIR Pages: 3 5/19/1998 14:99:00 Taxes Other TOTAL PAID. Star Types:l A RESOLUTION ORDERING THE VACATION OF THE PUBLIC ALLEY SOUTHWESTERLY OF SYLVIA DRIVE AND SOUTH CHE~STER AVENUE (PARCEL MAP NO. 5055) IN THE CITY OF BAKERSFIELD. WHEREAS, on WEDNESDAY, FEBRUARY 25, 1998, the Council of the City of Bakersfield, pursuant to the provision 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. 1169 declaring its intention to order the vacation of the public alley southwesterly of Sylvia Drive and South Chester Avenue (Parcel Map No. 5055) in the City o£Bakersfield; and WHEREAS, for the above-described project, it was determined that the proposed vacation is exempt from CEQA, 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 (existing facilities); and WHEREAS, at its meeting on February 5, 1998, 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 hearing all persons interested in or objecting to said proposed vacation, which hearing was held on Wednesday, March 25, 1998, after notices were duly published and posted as required by law. NOW 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. All of the 30 foot wide alley in Parcel Map No. 5055, filed in Book 24 of Parcel Maps, Page 97 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. Page 1 of 3 A nonexclusive easement shall be reserved for public utilities purposes in, under, over and upon the entire aoove described 30 foot wide alley right of way. A non-exclusive easement shall be reserved for vehicular ingress, egress and access for adjacent property owners and for the public in general over the entire above described 30 foot wide alley right of way. Said easement shall not be maintained by the City of Bakersfield. An easement shall be reserved by the City of Bakersfield for paved emergency fire protection access over a 20 foot wide strip lying 10 feet on each side of the center line of the above described alley area. 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. ...... o0o ...... Page 2 of 3 ORIGINAL I HEREBY CERTIFY that the foregoing was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on ,~PR ~ 2 ~ , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, SMffH, McDERMOTT, ROWI. ES, SULLIVAN, SALVAGGIO NOES: COUNCILUEMBER AI~STAIN: COUNCILMEMBER ~ COUNCILMEMBER CITY CLERK AND EX OFFICIO~LERK of the Council of the City of Bakersfield APPROVED APR ~t BO~PRICE MAYOR of the City of Bakersfield APPROVED as to form: C~Y ATJUI~ SKT~)USR~y of the City of Bakersfield Page 3 of 3 O~IGINAL