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HomeMy WebLinkAboutRES NO 139-98RESOLUTION NO. I 3 9 ' 9 8 A RESOLUTION ORDERING 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, on WEDNESDAY, SEPTEMBER 23, 1998, the Council of the City of Bakersfield, pursuant to the provisions of the "Public Streets, Highways and Service Easements Vacation Law," ,Government Code Section 8300 et seq of the Streets and Highways Code of the State of California, passed and adopted its Resolution of Intention NO. 1177 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 in the City of Bakersfield; 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 Sections 15061(b)(3) and 15301(c) 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; 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 General Plan; and WHEREAS, Resolution No. 109-98 adopted by City council provided for a General Plan Amendment to modify the Cimulation 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; and Page 1 of 3 Pages · WHEREAS, said 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, October 21, 1998, after notices were duly published and posted as required by law. 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. The 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, more particularly described in Exhibit "A" attached hereto, is unnecessary for present or prospective use for public street purposes and is hereby vacated. The City Clerk shall certify to the passage of this Resolution and shall cause a certified copy hereof, attested by the Clerk under the seal of the City, to be recorded in the Office of the County Recorder of the County of Kern, California. .......... o0o .......... G:IGROUPDAT~RESOLUTI\1998\VaCation of Pa~orama-Acacia.wpd Page 2 of 3 Pages I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Bakersfil~ at a regular meeting thereof held on 0~!' t ! , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMO~-r, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER ~0~ ~ COUNCILMEMBER 0A~ COUNCILMEMBER ~6A~ Council of the City of Bakersfield APPROVED OCT t t 1~8 MAYOR of the ~ty dfBakersfield APPROVED as to form: By: CITY ATTORNEY'S OFFICE of the City of Bakersfield Page 3 of 3 Pages EXHIBIT "A" Those two (2) strips of land 7.00 feet in width being portions of the Northeast 1/4 of Section 17, T. 29 S., R. 28 E., M.D.M, City of Bakersfield, County of Kern, State of California, being more particulary described as follows: Parcel 1 i 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 00°22' 31" East, along the center line of River Boulevard, 55.00 feet; Thence South 890 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 89o 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 170 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 170 48' 29" an arc distance of 606.70 feet; Thence North 890 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 : ~ (Acacia Avenue): Commencing at the East 1/4 comer of said Section 17, said comer 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 890 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 890 57' 31" West, along said North dght of way line, 20.00 feet to the TRUE POINT OF BEGINNING; Thence North 890 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. Page 2 of 2 1. IND£N North-r~ ~': '~: SCALE: I"= 200'~ ~i~ RI V~R ~' BOUL£VARD !:~'. " 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 =,u,w. R.T.Y. ENGINEERING D!rPARTMEN'F c:~,~..~ N,,ort h ~ SCALE: I · 2OC~ ~ ~ ~o ~ "~ mV£P BOUL EV~RD VACATION OF EXCESS ROAD RIGHT OF WAY ALONG THE SOUTH SIDE OF PANORAMA DRIVE AND THE NORTH SIDE OF ACACIA AVENUE, ABUTTING GREENLAWNCEMETERY. SHEET 2 OF ,..oo,~ ^'r ,A., CALIFORNIA KERN COU~, CALImRNIA ENGINEERING DEPARTMENT lY~,i,l~ TO~: aTY CTERK'$ Ot~ICJ C.l~' HALt. ,'T~O'T TRUX"~JN AVEIqUE B/~.KERSI:IELD., CALIFC"~ RNIA 933,? 1 James i~taples. Assessor-Reoorder ~(ern Oounty Of~iclal Records DOCUI~ENT #:0198153582 IIIIIIIIIIIIIIIIIIIIIIII RESOLUTION NO. I 3 9 - g 8 A RESOLUTION ORDERING 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. SOFIR Pages: 7 1/04/1998 3:15:54 Taxes Other TOTAL PAID Star Types:l WHEREAS, on WEDNESDAY, SEPTEMBER 23, 1998, the Council of the City of Bakersfield, pursuant to the provisions of the "Public Streets, Highways and Service Easements Vacation Law," Government Code Section 8300 et seq of the Streets and Highways Code of the State of California, passed and adopted its Resolution of Intention NO. 1177 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 in the City of Bakersfield; 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 Sections 15061(b)(3) and 15301(c) 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; 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 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; and Page 1 of 3 Pages WHEREAS, said 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, October 21, 1998, after notices were duly published and posted as required by law. 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. The 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, more particularly described in Exhibit "A" attached hereto, is unnecessary for present or prospective use for public street purposes and is hereby vacated. The City Clerk shall certify to the passage of this Resolution and shall cause a certified copy hereof, attested by the Clerk under the seal of the City, to be recorded in the Office of the County Recorder of the County of Kern, California. ......... -O00 .......... ST¥¢E OF CALIF©RNtA). County of Kern) i. Pamela A. McCarthy. City Clerk of the City of Bakersfield, State of California, hereby certify the ~,r. egr~in¢ and annexert to be a full, true and correctcc, py of the original ,/~J.~.~./..~ ,A/~. /~¢- 9~ ~ on file m the, C~lCe and that ! ha~/e compared the sartre with the or~JiQal. WITh~ESS my hand and seal this ¢Y_./C day ef ~.~.1~ 9_~' ~" . Pamela A. McCarthy, City Clerk City Cler~ G:\GROUPDAT~RE:SOLUTI/1998 ,Vacabon of Pa~=orama-Acacia wpd Page 2 of 3 Pages I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Bakersfield at a regular meeting thereof held on 0~1' ! ! ~ , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMO~[', ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER NO COUNCILMEMBER CITY CLERK and Ex Offi¢o Clerk of the Council of the City of Bakersfield APPROVED OCT ?, [ 1~ APPROVED as to form: By: C ~'"~~ '- -'~- ' 'T"' CITY ATTORNEY'S OFFICE of the City of Bakersfield Page 3 of 3 Pages EXHIBIT "A" Those two (2) strips of land 7.00 feet in width being portions of the Northeast 1/4 of Section 17, T. 29 S., R. 28 E., M.D.M., City of Bakersfield, County of Kern, State of California, being more particulary described as follows: Parcel I '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 00° 22' 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, 662,.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 170 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 comer of said Section 17, said comer 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 890 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 890 57' 31" West, along said North right of way line, 20.00 feet to the TRUE POINT OF BEGINNING; Thence North 890 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 440 49' 42" East, 9.86 feet to the TRUE POINT OF BEGINNING. Page 2 of 2 :~ ~ LINDEN STREET North SCALE: I'"' 200'~ RIVER BOULEVARD 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 2 OF ..co.o.o ,.__ Cl'iY OF BAKERSFIELD ,..ooK ^~ "^°K CALIFORNIA KI[RN COUN'TY, CA~IFO~INIA ENGINEERING DEPARTMENT 2 PROPOSED VA CA T/ON RIVER ~ BOULEVARD VACATION OF EXCESS ROAD RIGHT OF WAY ALONG THE SOUTH SIDE OF PANORAI~IA DRIVE AND THE NORTH SIDE OF ACACIA AVENUE, GREENLAWN CEMETERY. SHEET I OF 2 ..co,,o.- ,.-- CITY OF BAK£RSFI£LD .ooze ^'~ ,.^G~ CALl FORNIA o,,*w. R.T.Y. N COUi~Fy' C&[..lp,ORNi^ ENGINEERING DEPARTMENT c. ec~o