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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 G:\GROUPDAT/RESOLLITI/1998/Resolutlon 1177 Panorama-Greenlawn wpd 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. S:\RON~1998\Panorama Acacia Exhibit A wpd 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 S:\DOCUMENT~FORMS~AOPOSTINGROI.WPD September 28, 1998