HomeMy WebLinkAboutROI NO 1177RESOLUTION OF INTENTION NO. 1177
A RESOLUTION OF THE COUNCIL DECLARING ITS
INTENTION TO ORDER THE VACATION OF EXCESS ROAD
RIGHT OF WAY ALONG THE SOUTH SIDE OF
PANORAMA DRIVE AND THE NORTH SIDE OF ACACIA
AVENUE ABUTTING GREENLAWN CEMETERY.
WHEREAS, THE CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT
submitted a request for the vacation of the excess road right of way along the South side
of Panorama Drive and the North Side of Acacia Avenue, abutting Greenlawn Cemetery;
and
WHEREAS, Agreement No. 96-286 entered into on October 9, 1996, between the
City and Greenlawn Cemetery stipulated that the City would initiate proceedings and use
its best efforts to complete the vacation if Greenlawn would not oppose annexation.
Greenlawn states that the area in the vacated right of way is needed for proposed
expansion; 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 in
that there is no possibility that the street right of way vacation and proposed use could
have a significant effect on the environment; and
WHEREAS, at its meeting on August 20, 1998, the vacation was duly heard and
considered by the Planning Commission and was found to be consistent with the
Metropolitan Bakersfield 2010 General Plan; and
WHEREAS, Resolution No. 109-98 adopted by City Council provided for a General
Plan Amendment to modify the Circulation Element reducing the designation of Panorama
Drive from Arterial to Collector between Union Avenue and Haley Street upon
determination that Panorama Drive must be designated as a Collector prior to any final
vacation action to diminish its width smaller than a 110 foot width.
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.
This resolution is adopted pursuant to Division 9, Part 3, Chapter 3, of the
Streets and Highways Code of the State of California.
Page I of 3
The Council intends to order the vacation of excess road right of way along
the South side of Panorama Drive and the North side of Acacia Avenue,
abutting Greenlawn Cemetery in the City of Bakersfield, County of Kern,
State of California, more particulary described in Exhibit "A" attached hereto
and made a part hereof.
7:00 PM on Wednesday, October 21, 1998, 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.
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 Vacation" to be posted as
required by Section 8323 of the Streets and Highways Code of the State of
California.
The City Clerk shall certify to the passage of this resolution and shall cause
the same to be posted on the bulletin board at the City Hall, 1501 Truxtun
Avenue, in the City of Bakersfield, within fifteen (15) days after its passage.
.......... o0o ..........
Page 2 of 3
I HEREBY CERTIFY that the foregoing Resolution was passed and aclopted by the
Council of the City of Bakersfield at a regular meeting thereof held on Slip ~ 8 ~
, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMOT'r, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER ~O~¢
COUNCILMEMBER ~O~
COUNCILMEMBER ¢o~
CITY CLERK AND EX-OFFICIpJCLERK of the
Council of the City of Bakersfiel'd
APPROVED
$EPt ~ 1998
BOBSICE ~
MAYOR of the City of Bakersfield
APPROVED as to form:
ROBERT M. SHERFY
Chief Assistant City Attorney
By
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Page 3 of 3
EXHIBIT "A"
Those two (2) strips of land 7.00 feet in width being portion.'; of the Northeast 1/4 of Section
17, T. 29 S., R. 28 E., MD.M., City of Bakersfield, County of Kern, State of California,
being more particulary described as follows:
Parcel 1 (Panorama Drive):
Commencing at a point on the East line of said Section 17 being the point of intersection
of the center lines of Panorama Drive and River Boulevard as per Map of Tract No. 2377
filed for record in Book 11 of Maps, Page 144 in the Office of the Kern County Recorder;
Thence South 00022' 31" East, along the center line of River Boulevard, 55.00 feet;
Thence South 89° 06' 49" West, 40.00 feet to the point of intersection of the West right of
way line of River Boulevard and the South right of way line of Panorama Drive;
Thence South 89° 06' 49" West, along said South right of way line, 22.24 feet to the TRUE
POINT OF BEGINNING;
Thence 89° 06' 49" West, along said right of way line, 663.58 feet to the beginning of a
1945.00 foot radius curve thereon, concave southeasterly;
Thence southwesterly along said right of way curve through a central angle of 17° 52' 32"
an arc distance of 606.82 feet to a point on the West boundary line of said Tract No. 2377;
Thence North 00° 32' 26" West, along the northerly prolongation of said West boundary
line, 7.37 feet to the beginning of a non-tangent 1952.00 foot radius curve, concave
southeasterly, having radial bearing of North 18° 41' 40" West to said beginning of curve;
Thence northeasterly along said curve through a central angle of 17° 48' 29" an arc
distance of 606.70 feet;
Thence North 89° 06' 49" East, 656.64 feet;
Thence South 45° 37' 51" East, 9.86 feet to the TRUE POINT OF BEGINNING.
Page 1 of 2
Parcel 2 (Acacia Avenue):
Commencing at the East 1/4 corner of said Section 17, said corner also being the point of
intersection of the center lines of River Boulevard and Acacia Avenue as per Record of
Survey Map filed for record in Book 6 of Record of Surveys, Page 126, in the Office of the
Kern County Recorder;
Thence North 89° 57' 31" West, along the center line of Acacia Avenue, 40.00 feet;
Thence North 00° 23' 06" East, 43.00 feet to the point of intersection of the West right of
way line of River Boulevard and the North right of way line of Acacia Avenue;
Thence North 89° 57' 31" West, along said North right of way line, 20.00 feet to the TRUE
POINT OF BEGINNING;
Thence North 89° 57' 31" West, along said North right of way line, 1258.20 feet to a point
on the West line of the Southeast 1/4 of the Northeast 1/4 of said Section 17;
Thence South 00° 32' 26" East, along said West line, 7.00 feet;
Thence South 89° 57' 31" East, 1251.18 feet;
Thence North 44° 49' 42" East, 9.86 feet to the TRUE POINT OF BEGINNING.
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Page 2 of 2
£ INDEN
STREET
North
SCALE: I"= ~00
PROPOSED
va r/oN
R! VER ~ BOUL E ~',~RD
VACATION OF EXCESS ROAD RIGHT OF WAY ALONG THE SOUTH SIDE OF
PANORAMA DRIVE AND THE NORTH SIDE OF ACACIA AVENUE, ABUTTING
GREENLAWN CEMETERY.
SHEET I OF 2
CITY OF BAKERSFIELD
CALIFORNIA o,~w.
ENGINEERING DEPAI~rMENT c,.eem T~ ,--
LINDEN STREET
~ ~ North
~- SCALE:: I", 200'
~ ,~ mYER BOULEVARD
VACATION OF EXCESS ROAD RIGHT OF WAY ALONG THE SOUTH SIDE OF
PANORAl~L~ DRIVE AND THE NORTH SIDE OF ACACIA AVENUE, ADU'I"I'L~G
GREENLAWN CEMETERY.
SHEET 2 OF 2
...oo~ ^'r ~.^.~. CALIFORNIA ..,,,. ~.T.¥. ~':
K,;.N COUNTY. c^~.:vo~m^ ENGINEERING DEPARTMENT c:~D 0~RiL?L'.A
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
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 28TM day of September ,1998 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Resolution of Intention No. 1177
passed by the Bakersfield City Council at a meeting held on the. 23r~ day of September.
1998. and entitled:
A RESOLUTION OF THE COUNCIL DECLARING ITS
INTENTION TO ORDER THE VACATION OF EXCESS ROAD
RIGHT OF WAY ALONG THE SOUTH SIDE OF PANORAMA
DRIVE AND THE NORTH SIDE OF ACACIA AVENUE
ABUTTING GREENLAWN CEMETERY.
Is/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUTY City Clerk
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September 28, 1998