HomeMy WebLinkAboutROI NO 1358RESOLUTION OF INTENTION NO. 1358
A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION
TO ORDER THE VACATION OF THAT PORTION OF PROGRESS ROAD IN
SECTION 20, T. 30 S., R. 27 E. M.D.M.
BETWEEN HARRIS ROAD AND PANAMA LANE
WHEREAS, Porter Robertson Engineering & Surveying on behalf of McMillin
Albany, LLC, submitted a request for the vacation of that portion of Progress Road in
Section 20, T. 30 S., R. 27 E. M.D.M. between Harris Road and Panama Lane; and
WHEREAS, it has been determined that said road is a dirt road located just east
of the proposed Tract 6169, and east of the Sunset Railroad right of way and due to its
location, said road will never serve as access to any portion of Tract 6169 or to any
future development to the east.
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 October 12, 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 Progress Road between Harris Road
and Panama Lane in the City of Bakersfield, County of Kern, State of California, more
particularly described in Exhibit "A" attached hereto and made a part hereof.
4. 5:15 PM on Wednesday, April 13, 2005 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 to be published for two successive weeks prior thereto in The
Bakersfield Californian and the Superintendent of Streets of the City of Bakersfield,
Y:xStreet Vacations~Progress Rd btwn Harris & Panama\ROI 1358 DO('
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.
6. 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 ...............
Y:'Street Vacations~Progress Rd btwn Harris & Panama\ROI 1358.DO(' - 2 -
the
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by
Council of the City of Bakersfield at a regular meeting thereof held on
M~.I~ ~ 0 200§ by the following vote:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNClLMEMBER
COUNClLMEMBER
-P~A~'EL~ A~McCARTHY, CI~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED ~AR $ 0 2005
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
Y3Strect Vacations\Progress Rd btwn Hams & Panama,ROi 1358.D(X; .3 -
EXHIBIT "A"
That portion of the public right of way situated in the south half of Section 20, Township
30 South, Range 27 East as shown on the Sales Map of Lands of Kern County Land
Company, filed for record on May 28, 1892 in the Office of the Kern County Recorder,
M.D.M., in City of Bakersfield, County of Kern, State of California, more particularly
described as follows:
The west 20.00 feet of the southeast quarter and the east 20.00 feet of the southwest
quarter of said Section 20.
Y:tStreet Vacations\Progress Rd btwn Harris & Panama\ROI 1358.DOC - 4 -
~ MID ~F~CTIC~ LINE
R27E,
MDM
~ VACATING ~88 ROAD BETWEEN
~ PANAMA LANE AND HARRt8 ROAD
........................... ~ ............ -:-'~.,-7-- ~at~ua t_at~
N BOOK ATP, t,~E -- CAUFO~I~ DFt41~4 ;; ~C, ...
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS,
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duty appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 31st day of March ,2005 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1358,
passed by the Bakersfield City Council at a meeting held on the 30th day of March,
2005 and entitled:
A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION
TO ORDER THE VACATION OF THAT PORTION OF PROGRESS
ROAD IN SECTION 20, T. 30 S., R. 27 E. M.D.M. BETWEEN HARRIS
ROAD AND PANAMA LANE
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
DEPUTY Cit~ Clerk
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