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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />WHEREAS, there are no in-place public utility facilities within Eucalyptus <br />Avenue that are in use or that would be affected by the vacation of Eucalyptus <br />Avenue; and <br />WHEREAS, the City has no further use for this portion of Eucalyptus Avenue <br />and the City Council desires to vacate such portion of Eucalyptus Avenue; and <br />WHEREAS, this vacation of Eucalyptus Avenue is made pursuant to the <br />requirements of Chapter 4 (Summary Vacation) of Part 3(Public Streets, Highways, <br />and Service Easements Vacation Law) of Division 9 (Change of Grade and Vacation) <br />of the California Streets and Highways Code; and <br />WHEREAS, on November 27, 2001, the Planning Commission of the City <br />considered the proposed vacation of Eucalyptus Avenue pursuant to Government <br />Code Section 65402 and found it to be consistent with the City's General Plan. <br />NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of <br />Colton that: <br />SECTION 1: Order of Vacation. The City Council, under the authority vested <br />in it by Sections 8330 et seg. of the California Streets and Highways Code hereby <br />orders the vacation of that portion of Eucalyptus Avenue more particularly described <br />in the attached Exhibit A. <br />SECTION 2: The City Council hereby determines that the public convenience <br />and necessity require the reservation of certain easements and rights-of-way <br />hereinafter described in that portion of Eucalyptus Avenue to be vacated, and it is the <br />intention of the City Council under the authority vested in it under Section 8340 of the <br />Streets and Highways Code of the State of California, to reserve and except from the <br />vacation proceedings the following easements and rights-of-way: <br />A. Such easements as may be necessary for all existing or future public <br />utilities, and their successors in interest, to construct, maintain, operate, replace, <br />enlarge, remove and renew all public utility facilities and appurtenant structures in, <br />upon, over, beneath, under, below, above, and across that portion of Eucalyptus <br />Avenue proposed to be vacated in compliance with all applicable local and state laws <br />and regulations. <br />2 <br />