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HomeMy WebLinkAboutROI NO 2216RESOLUTION OF INTENTION NO.2216 A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO ORDER THE VACATION OF EAST 30' OF STREET RIGHT-OF-WAY FOR PROGRESS ROAD LOCATED WITHIN PARCELS 1-3 OF PARCEL MAP WAIVER 21-0369 (WARD 5) WHEREAS, the City has received a request from the property owner to the subject property to vacate east 30' wide street right-of-way for Progress Road within Parcels 1-3 of Parcel Map Waiver21-0369 (Ward 5); 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, in accordance with Bakersfield Municipal Code Section 2.28.120, the proposed vacation was found to be consistent with the Metropolitan Bakersfield General Plan pursuant to Government Code 65402 on September 24, 2024, by the Planning Director. 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 of Intention is adopted pursuant to Section 8300, et seq. of the Streets and Highways Code of the State of California. 3. The Council intends to order the vacation of the east 30' wide street right-of-way of Progress Road within the property of Parcels 1-3 of Parcel Map Waiver 21-0369, all in the City of Bakersfield, County of Kern, State of California, more particularly as shown on Exhibit "B" attached hereto and made part hereof. 4. 5:15 PM, or as soon thereafter as the matter may be heard, on Wednesday, November 20, 2024, in the Council Chambers, City Hall, 1501 Truxtun Avenue, Bakersfield, California, is hereby fixed as the time and place when all persons interested in or objecting to the proposed vacation may appear before the City Council and be heard. 5. The City Clerk shall cause notice of the date, hour, and place of said hearing on this Resolution of Intention to be published for two successive weeks prior thereto in The Bakersfield Californian and the Superintendent of Streets of the City of Bakersfield, California, shall cause "Notice of Vacation" to be posted as required by Section 8323 of the Streets and Highways Code of the State of California. C:\USERS\JDRIMAKIS\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\YGYXDUGE\RES OLUTION OF INTENTION NO. 2216 - REVISED.DOC t m U p ORIGINAL 6. The City Clerk shall certify to the passage of this resolution and shall cause the some to be posted on the bulletin board at City Hall, 1600 Truxtun Avenue, in the City of Bakersfield, within fifteen (15) days after its passage. --------------- 000 --------------- C:\USERS\JDRIMAKIS\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\YGYXDUGE\RES _ 2 _ OLUTION OF INTENTION NO. 2216 - REVISED.DOC � TI C.i Q CRiGINAL I HEREBY CERTIFY that the foregoing Resolution/Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on OCT 2 12024 by the following vote: v r ✓ V- ,1 YES COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH, FREEMAN,-GR , KAUR NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: SENT• COUNCILMEMBER: GsM�. J LIE DRIMAKIS MMC CITY CLERK and Ex Officio Clerk -of the Council of the City of Bakersfield APPROVED: OCT 2 3 2024 By: KAREN GOH Mayor of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO CITY ATTORNEY By. VIRIDIANA GALLARDO-KING Deputy City Attorney II Attachments: Exhibit "A"& "B" C:\USERS\JDRIMAKIS\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\YGYXDUGE\RES _ 3 _ OLUTION OF INTENTION NO. 2216 - REVISED.DOC � r v o ORIGINAL EXHIBIT 66 A 99 PORTION OF PROGRESS ROAD STREET RIGHT OF WAY VACATION !LEGAL DESCRIPTION ALL THAT PORTION OF THE SOUTHEAST QUARTER- OF SECTION ,29, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M AND BEING A PORTION OF PARCELS 1-3 OF PARCEL MAP WAIVER No. 21-0369 AS SHOWN ON CERIFICATE OF COMPLIANCE RECORDED DECEMBER 29, 2021 AS DOCUMENT No. 221242489 OF OFFICIAL RECORDS IN THE OFFICE OF THE KERN COUNTY RECORDER, CITY'OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY 30.00 FEET OF PROGRESS ROAD LYING' SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY' LINE OF BERKSHIRE ROAD AS DESCRIBED IN CITY -OF BAKERSFIELD STREET RIGHT OF WAY DEDICATION RECORDED MAY 9, 2007- AS DOCUMENT No 207098970 IN THE OFFICE OF SAID RECORDER AND LYING NORTHERLY OF THE NORTHERLY RIGHT OF WAY OF McCUTCHEN ROAD AS DESCRIBED IN SAID CITY OF BAKERSFIELD STREET'RIGHT OF WAY DEDICATION. CONTAINING 1.75 ACRES MORE, OR LESS. AL MCINTOSH & AssocIATES NEW . GEN . ENGINEERING GROUP' 661-834-4814- 661-834-0972 10800 Stockdale Hwy, Suite 103 •'Bakersfield, CA 933,111 P:IPROJECTS118069.01-T6880LEN1LegalslPr6gress Rd Vacation:docx BRB 6/6/2024 ONP� LAH4 5` s o , BRIAN R. 0 a BLAGKLOCK LS 861.2 200 O 400ac IIT "" I 400 100 BERKSHIR i i � E ROAD �I - (SALES MAP LINE) 1 -- - - -- --�� CITY OF BAKERSFIELD STREET �Q� ONALtq RIGHT-OF-WAY DEDICATION PER 4 1R' BCC G9 f DOC- No. 0207098970 C.R. Q fI -_ m 0 o I PARCEL 1 I P.M.W. NO. 21-0369 s"v( DOC. No. 221242489, O.R. I FCALIF0R if II 0 0 � � .a \ N N CN �\ ¢ CD O II �I `'j s PARCEL 2 N Ln Ln P.M.W. NO. 21-0369 o w 1 STREET DOC. No. 221242489, O.R � ' g RIGHT-OF-WAY o 1 `� VACATION z 1.75 AC LLj 30' WIDE PUBLIC ROAD EASEMENT PER _ SALES MAP OF LANDS OF KERN COUNTY it 0 z LAND COMPANY FILED JUNE 16; 1897 N a (TO BE VACATED) PARCEL 3 � P.M.W. NO. 21-0369 o uj DOC. No. 221242489, O.R I I a v I II I caJ I I CITY OF BAKERSFIELD STREET I I RIGHT-OF-WAY DEDICATION I I PER DOC. No. 0207098970 O.R. McCUTCHEN ROAD \ (S. LINE OF SEC. 29, 30/27) SEE DETAIL "Al' 30 WIDE PUBLIC ROAD EASEMENT PER M1 SALES MAP OF LANDS OF KERN COUNTY LAND COMPANY FILED JUNE 16, 1897 I 1 I SCALE: 1 " = 400' CINTOSH LENNAR HOMES of CALIFORNIAF]MLLC JOB :0.18-/69.01 � DATE: 06/27 24 A, PORTION OF SEC. 29, T.30S., R.27E., IVI.ID M FILE NO. 1806901EM17 DONE BY: EBT NEW GEN ENGI"NEERING .GROUP STREET RIGHT-OF-WAY VACATION SHEET' 1 OF 2 18&"A ST=OFLE NYY, S1E IM BAMS "U. a 33311 (881) 831-4814 P:\PROJECTS\18069.01--T688CLEN\X-PROJ\DWG\EXHIBIT\1806901EM17-RW VACATION PROGRESS ROAO.DWG S'n r v � ORIGINAL MONUMENT LEGEND: IM1 S. 1/4 COR .- SEC. 29, 30/27 FD. K.C.S. 2" I.P. W/B.C. MRK'D. FOR COR. & NOV.` 1975 PER R/S BK. 24, PG. 71 M2 S:W. COR. LOT 30, SALES- MAP FD. KCS._ 2" 'I.P'. PER K.C.S. FILED MAP -No. 7'-1` BK. 6, PG. 26 POINT OF I BEGINNING L4 o ;n �I I CITY OF BAKERSFIELD Lo I STREET RIGHT-OF-WAY a DEDICATION PER DOC. rn I I No. 0207008970 O.R. z I w --- p. I N-S MID -SECTION LINEN m" SEC. 29, 30/27 N00'34`56''E II N u., a 1130' WIDE PUBLIC ROAD v EASEMENT PER SALES MAP " OF LANDS OF KERN IICOUNTY LAND COMPANY I I FILED" -JUNE 16, 1897 POINT OF M1 COMMENCEMENT . L1 I MCCUTCHEN ROAD. (S.- LINE OF SEC. 29, 30/27) DETAIL "A"- SCALE: 1," .= 10' , EXHIBIT 111111 LINE TABLE LINE BEARING DISTANCE L1 N 89'1.7'44" W , 1.77' L2 N 00'36'54" E '55.00' L3 S 8917'23" E 30.00' L4 N 89'17'55' W 30.00, ICINTOSH LENNAR HOMES ,of CALIFORNIA, LLC JOB NO. 18-069.01DATE: 06/27/24 FILE NO. 1806901EM17 /�SS�IATES A PORTION OF SEC. 29, T.30S., .R.27E., M.D.M. DONE. BY: EBT 4�A c^ NEW °E" E"""E CADS °"°°1 STREET RIGHT-OFMAY VACATION SHEET z of g�T I0000 SIOdtUNE HNY, 51E. I03 BNffRSJrd. G 97711 (661):BN^1614 ;\PROJECTS\18069.01-T66BOLEN\%=PROJ\DWC\EXHIBIT\1806901EM17_RW VACATION PROGRESS ROAD,DWG ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) County of Kern ) ss. JULIE DRIMAKIS, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 25th day of October 2024, she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 2216 passed by the Bakersfield City Council at a meeting held on the 23rd day of October 2024 and entitled: RESOLUTION OF INTENTION NO. 2216 A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO ORDER THE VACATION OF EAST 30' OF STREET RIGHT-OF-WAY FOR PROGRESS ROAD LOCATED WITHIN PARCELS 1-3 OF PARCEL MAP WAIVER 21-0369. (WARD 5) JULIE DRIIMAKI.S, MMC_ City Clerk -and Ex_O_fficio of the Council=of the City,-of`Bake�sfield B 4LIYCitftle�rk SADOCUMENT\FORMSWOP.ROI.wp F-- m 0 CRIGINAL