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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 G:\GROUPDAT\DhillonL2004\Pacheco Road abandonment\Resol of Intent t342 (Pacheco Rd}.DOC ORIGINAl 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 G:\GROUPDAT~Dhillon~2004\Pacheco Road abandonment\Resol of [ntl~t 1342 (Pacheco Rd).DOC ,.,Ri~2 ~h~AL 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. G:\GROUPDAT~Dhillon~O04\Pacheco Road abandonment\Exhibit A Pacheco Rd.doc ORiGINAl_ 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 ORIGINAL