HomeMy WebLinkAboutRES NO 087-10
1
James W. Fitch Assessor-Recorder TELFOROT
Kern County Official Records 811212010
10:32 AM
Recorded at the request of
Recording Requested by Public
and for the benefit of: D o c # : 0210108720 slat Types:1 Pages: 6
CITY OF BAKERSFIELD
Fees 0.00
And When Recorded Mail to: Taxes 0.00
Others 0.00
City Clerk PAID $0.00
CITY OF BAKERSFIELD
1600 Truxtun Avenue
Bakersfield, CA 93301
RESOLUTION NO. 087-10
RESOLUTION OF THE COUNCIL ORDERING THE VACATION OF THE 40'
PEDESTRIAN EASEMENT LOCATED AT THE SOUTH END OF MOROCCO
COURT IN TRACT 4624.
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RESOLUTION NO. 087- 10
RESOLUTION OF THE COUNCIL ORDERING THE VACATION OF
THE 40' PEDESTRIAN EASEMENT LOCATED AT THE SOUTH END
OF MOROCCO COURT IN TRACT 4624
WHEREAS, on WEDNESDAY, JUNE 30, 2010, 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. 1666
declaring its intention to order the vacation of the 40' pedestrian easement located at
the south end of Morocco Court in Tract 4624, as dedicated on the Final Map for Tract
4624; and
WHEREAS, the Council did fix a time and place for hearing all persons interested
in or objecting to said proposed vacation, which hearing was held on July 21, 2010,
after notices of said hearing were 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 April 29, 2010 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 40' pedestrian easement located at the
south end of Morocco Court, as dedicated on the Final Map for Tract 4624, in the City
of Bakersfield, County of Kern, State of California, more particularly described on
Exhibits "A" and "B" attached hereto and made a part hereof.
4, The City will retain the 40' storm drain and sewer easement as dedicated on the
Final Map for Tract 4624,
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5. The applicant has been notified that they will be responsible for closing the
pedestrian access via either construction of a wall or fence,
6. 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,
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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
JUL 2 1 2010 by the following vote:
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COUNCILMEMBER COUCH, CARSON, BENHAM, WEIR, HANSON, SULLIVAN, SCRIVNER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
SEN : ' COUNCILMEMBER UY~SL
ROBERTA GAFFORD, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
JUL 1 201
APPROVE
HARVE L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GE NARO
City Attorrid
By a
JOS A R NICK
Deputy City Attorney
Attachments: Exhibit "A"
Exhibit "B"
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EXHIBIT "A"
THAT PORTION OF LOT 1 AND LOT 40 OF TRACT 4624, RECORDED OCTOBER 17, 1983,
BOOK 32, PAGE 173, AS SHOWN AS A 40' PEDESTRIAN EASEMENT. THE CITY IS TO RETAIN
THE STORM DRAIN AND SEWER EASEMENT OVER SAID EASEMENT AS SHOWN ON SAID
MAP.
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EXHIBIT "B"
0
0
0
LOT 39
O TRACT 4624
C
LOT 1 LOT 40
TRACT 4624 TRACT 4624
40'
5'
AUBURN STREET
PEDESTRIAN ACCESS TO BE VA CA TED
STORM DRAIN AND SEWER EA SEMEN T TO
BE RETAINED.
NORTH
"THIS DRA WING IS FOR ILLUSTRA TION PURPOSES ONL Y" °
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