R-094-22 Vacating Certain Portions of South Terrace Ave and De Berry St, Vacation is Consistent with General Plan

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2 3 4 5 6 7 8 9 10 11 12 13 14' 15 16 17 23 24 25 26 27 281 WHEREAS, proper notice giving the date,: time and place of the public hearing was published in the manner prescribed by law; and WHEREAS, notices of the proposed vacation of the Vacated Area, stating the purpose -of the Resolution of Intent and the time and place set for the public: hearing, were posted in the Vacated Area in. the manner prescribed by law; and WHEREAS, on October 4, 2022, at 6.00 p.m. in. the.. City Council Chambers, the City Council heard any and all :persons interested in or objecting to the proposed vacation of said portions :of the public right-of-way. WHEREAS, the. Mayor is hereby authorized to execute and deliver quitclaim deeds evidencing city's transfer of any interest in the subject vacated area to the.fee owners. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Colton` SECTION 1. General Plan Consistent . The City Council hereby finds that vacation of the Vacated Area, as more specifically described and depicted in the attached Exhibits A and B, is consistent and in conformity. with the General Plan of the City of Colton. Specifically, the. vacation is consistent with the General Plan in that the Vacated Area although depicted in the Mobility Element of the Gene.ral..Plan as being part of the City's Circulation Plan, the Vacated Area described in the Mobility Element is not needed for future use. SECTION 2. Findings of No Need for Vacated Area. The Vacated Area as described and depicted in Exhibits. A and B of this Resolution. is not necessary for prospective vehicular traffic., non -vehicular traffic; or other public street purposes. To support this finding, staff obtained letters of non -objection from the affected utilities, ensured that the Aeveloper worked with. the. Elsinore Valley Municipal Water District (EVMWD). to maintain continued access to. EVM..WD's: adjacent property, and verified that vacating the area in question will not otherwise cut off access to. any person's property or terminate a .public service easement being used for the purpose for which it was dedicated. SECTION 3. Order of Vacation. Based on the above stated facts, conclusions; and findings, the City Council hereby vacates the Vacated Area described and depicted in Exhibits A and B to this Resolution. SECTION 4. Reservation of Easements. The City of Calton, through action of its.City Council, hereby reserves for the benefit of the public, Southern California Gas: Company, AT&T, Calton Water; Calton Wastewater, Calton Electric; and Lumen Technologies, and their respective successors, heirs, and assigns, a temporary easement in, upon, over, and across the entire. area proposed to. be vacated; to use, construct, place, operate, inspect, maintain, enlarge, repair, replace, and remove any existing and future facilities, and necessary fixtures and. appurtenances, and said easement shall include rights of ingress and egress thereto..