HomeMy WebLinkAboutROI NO 1342RESOLUTION OF INTENTION NO. 1342
A RESOLUTION OF THE COUNCIL DECLARING ITS
INTENTION TO ORDER THE VACATION OF PACHECO ROAD
BETWEEN BUENA VISTA ROADAND OLD RIVER ROAD
WHEREAS, Smith Tech / USA, Inc. on behalf of Fairway Oaks South, L.P. and Lennar,
Bakersfield Inc., submitted a request for the vacation of Pacheco Road between Buena Vista
Road and Old River Road; and
WHEREAS, it has been determined that the subject portion of Pacheco Road (as
described in Exhibits "A" & "B", attached hereto and made a part hereof) is City street right of
way and that the adjoining property on the south side is owned by Fairway Oaks South, L.P. and
Lennar, Bakersfield, Inc.; 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, at its meeting on May 20, 2004, the vacation was duly heard and
considered by the Planning Commission and found to be consistent with the Metropolitan
Bakersfield 2010 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 intends to order the vacation of the portion of Pacheco Road between Buena
Vista Road and Old River Road in the City of Bakersfield, County of Kern, State of California,
more particularly described in Exhibits "A" & "B" attached hereto and made a part hereofi
4. A nonexclusive easement shall be reserved for public utilities purposes and for City
sewer main purposes in, under, over and upon the entire above described public street right of
way area and full access for utilities shall be maintained to the greatest extent possible.
5. 5:15 PM on Wednesday, §eptember 22, 2004, in the Council Chambers, City I-Iall, 150l
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.
7. The City Clerk shall cause notice of the date, hour, and place of said hearing on this
Resolution 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
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Vacation" to be posted as required by Section 8323 of the Streets and Highways Code of the
State of California.
8. The City Clerk shall certify to the passage of this resolution and shall cause the same to
be posted on the bulletin board at City Hall, 1501 Truxtun Avenue, in the City of Bakersfield,
within fifteen (15) days after its passage.
............... 000 ...............
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
SIP fl 8 ?flrll by the following vote:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHAMI MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNClLMEMBER
COUNClLMEMBER
COUNCILMEMBER -~z...~ O('~.~v'~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
S£P 0 8 2004
APPROVED as to form
VIRGINIA GENNARO
City Attorney
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EXHIBIT "A"
PACHECO ROAD BETWEEN BUENA VISTA ROAD & OLD RIVER ROAD
Abandonment of Pacheco Road between Buena Vista Road and Old River Road described as
follows:
That portion of Pacheco Road within the North 1/2 of Section 19, T. 30 S., R. 27 E., M.D.B.M.,
City of Bakersfield, County of Kern, State of California, described as an easement for Public
Highway and incidental purposes, recorded January 11, 1909 in Book 208 of Deeds, Page 292.
TOGETHER WITH:
That portion of Pacheco Road described as an easement for Public Roads or Highways as
shown on the Kern County Land Company Sales map of Section 19, Township 30 South,
Range 27 East, M.D.B.M. filed August 27, 1891 located within the Northerly 30 feet and the
Westerly 30 feet of said Section 19.
EXCEPT the West 55 feet and the East 55 feet of said Section 19, together with the East 45
feet and West 45 feet from the center section line of said Section 19.
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kem )
PAMELA A. McCARTHY, 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 8th day of September . 2004 she posted on the Bulletin
Board at City Hall, a full, true and correct copy of the following: Resolution of
Intention No. 1342 .passed by the Bakersfield City Council at a meeting held on the
8th day of September 2004 and entitled:
A RESOLUTION OF THE COUNCIL DECLARING ITS
INTENTION TO ORDER THE VACATION OF PAGHECO
ROAD BETWEEN BUENA VISTA ROAD AND OLD RIVER
ROAD.
/s/PAMELA a. McCARTHY
City Clerk of the City of Bakersfield
Deputy City ~erk o
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