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Home My WebLink AboutRES NO 086-05Recording requested by and for the benefit of the CITY OF BAKERSFIELD WHEN RECORDED MAIL TO: CITY OF BAKERSFIELD CITY CLERK 1501 TRUXTUN AVENUE BAKERSFIELD, CA 93301 James W. Fitch, Assessor-Recorder SABRINA Kern County Official Records 4/27/2005 Recorded at the request of 0:50 AM Public ooc#: 0205105246 Stat Types: 1 Pages: 6 Fees 0.00 Taxes 0.00 Others 0.00 PAID $0.00 RESOLUTION NO. 086-05 A RESOLUTION ORDERING 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 RESOLUTION NO. ~ ' 0 ~ A RESOLUTION ORDERING 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, on WEDNESDAY, /~PR 1 3 ;~005 , 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. 1358 declaring its intention to order the vacation of that portion of Progress Road between Harris Road and Panama Lane in the City of Bakersfield; 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 WEDNESDAY, April 13, 2005, after notices of said hearing was 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 vacation could have a significant effect on the environment; and WHEREAS, at its meeting on October 12, 2004, the proposed vacation was duly heard and considered by the Planning Commission and was 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. The Council hereby orders 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" and shown in Exhibit "B" attached hereto and made a part hereof by this reference. 3. City maintained facilities, within said vacating area, such as sewer and storm drain facilities, street lights, street signs, pavement, curb, and gutter, and sidewalks shall be privately maintained upon adoption and recordation of this resolution. 4. There is no condition of completion for the said street vacation, pursuant to Section 8324(b) of the Streets and Highways Code of the State of California. Apdl 6, 2005, 10:29AM G:\GROUPDAT'~ADMINRpT~.005\04-13\RO11358 Admin-flnal hearingdoc.doc 5. The City Clerk shall certify to the passage of this Resolution and shall cause a certified copy hereof, attested by the Clerk under seal of the City, to be recorded in the Office of the County Recorder of the County of Kern, California. ............... 000 ............... I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of th~eA.,.City of Bakersfield at a regular meeting thereof held on APR ii .q zuu~ by the following vote: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNC[LMEMBER COUNCILMEMBER COUNCILMEMBER CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED APR 1 21)I APPROVED as to form VIRGINIA GENNARO City Attorney Apdl 6, 2005, 10:29AM G:\GROUPDA%ADMINRPT~.005\04-13\RO11358 Admimfinal hearingdoc.doc 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, MD.M, in City of Bakersfield, County of Kern, State of California, more particularly described as follows: Excepting the southerly right of way of Harris Road and the northerly right of way of Panama Lane; the west 20.00 feet of the southeast quarter and the east 20.00 feet of the southwest quarter of said Section 20. April 6, 2005, 10:29AM G:\GROUPDAT~,DMINRP'r~2005\04-13\RO11358 Admin-flnal headngdoc.doc TENTATIVE TFIAOT ! II ~ r NOTICE OF STREET VACATION NOTICE IS HEREBY GIVEN THAT THE CITY OF BAKERSFIELD WILL ON MARCH 30, 2005, ADOPT A RESOLUTION OF INTENTION 1358 WHEREIN THE SAID CITY COUNCIL WILL DECLARE ITS INTENTION TO ORDER THE VACATION OF PROGRESS ROAD BETWEEN HARRIS ROAD AND PANAMA LANE Section 1: 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 part hereof. Section 2: Pursuant to Section 8324(b) of the Streets and Highways Code of the State of California, there is no condition of completion for the proposed street vacation. Section 3: That the hour of 7:00 P.M. on Wednesday April 13, 2005, in the Council of Chambers in the City Hall, 1501 Truxtun Avenue, Bakersfield, California, be and the same is hereby fixed as the time and place when and where all persons interested in or objecting to said proposed vacation may appear before the Council and offer evidence in relation thereto. Section 4: That the proposed vacation shall be done and carried through pursuant to an Act of Legislature of the State of California, designated as the "Public Streets, Highways, and Service Easements Vacation Law" being Chapter 3, of Part 3 of Division 9 of the Streets and Highways Code of the State of California. FOR FURTHER PARTICULARS, REFERENCE IS HEREBY MADE TO SAID RESOLUTION OF INTENTION NO. 1358 ON FILE IN THE OFFICE OF THE CLERK OF THE CITY OF BAKERSFIELD, CALIFORNIA. DATE: March 22, 2005 /S/Raul M. Rojas, Street Superintendent of the CITY OF BAKERSFIELD