2007 RES R-121-07 - Laserfiche WebLink

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2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, Section 8333 of the of the California Streets and Highways Code authorizes the City Council to summarily vacate a public service easement if the date of acquisition is more than one year, less than five years, immediately preceding the proposed vacation and the public service easement was not used continuously since that date, or where there are no public facilities located within the public service easement; and WHEREAS, this summary vacation of the Edison Easements is made pursuant to the requirements of California Streets and Highways Code, Division 9. - Change of Grade and Vacation, Part 3. - Public Streets, Highways, and Service Easements Vacation Law (sections 8300 et seq.), Chapter 4. - Summary Vacation; and occurred. WHEREAS, all other legal prerequisites to the adoption of this Resolution have BE IT NOW THEREFORE RESOLVED AS FOLLOWS: SECTION l: Incorporation of Recitals. The City Council hereby finds and determines that the Recitals of this Resolution are true and correct and are hereby incorporated into this Resolution as though fully set forth herein. SECTION 2: Order of Vacation. The City Council, under the authority vested in it by the California Streets and Highways Code, Division 9. - Change of Grade and Vacation, Part 3. - Public Streets, Highways, and Service Easements Vacation Law (Sections 8300 et seq.), Chapter 4. - Summary Vacation, hereby orders the vacation of the Edison Easements and any and all interests that the City may have therein, as more particularly described and depicted in the attached Exhibit A, which is incorporated into and made a part of this Resolution. SECTION 3: Certification. Recordation and Retention. The City Clerk shall cause a certified copy of this Resolution of vacation, attested by the City Clerk under seal, to be recorded without acknowledgement, certificate of acknowledgement, or further proof in the Office of the San Bernardino County Recorder. Pursuant to Streets and Highways Code Section 8336, no fee shall be charged for such recordation. The City Clerk shall permanently maintain a true and correct copy of this Resolution. SECTION 4: Transfer and Assignment. The City Council authorizes the City Manager to execute the necessary documents to transfer and assign the Edison Easements to the Southern California Edison Company, including the Assignment document attached hereto as Exhibit B.