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4 <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 />RESOLUTION NO. R-132-08 <br />RESOLUTION OF INTENTION TO SET THE HEARING DATE TO CONSIDER THE <br />VACATION OF MILL STREET BOUNDED BY ATCHISON TOPEKA AND SANTA <br />FE RAILROAD COMPANY AND BORDWELL COURT. <br />WHEREAS, the City of Colton is a municipal corporation duly organized and existing <br />pursuant to the Constitution and laws of the State of California ("City"); <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DO HEREBY <br />RESOLVE AS FOLLOWS: <br />SECTION 1. That the vacation is made pursuant to the requirements of the Summary <br />Vacation chapter of the Streets and Highways Code (Section 8330 et seq.); <br />SECTION 2. City of Colton or any other agencies shall retain all the utility easements. <br />SECTION 3. As per subsection (b) of Section 8331 of the Street and Highways Code <br />provides that the legislative body of a local agency may summarily vacate a `portion of a <br />street or highway that the street or highway has been impassable for vehicular travel for five <br />(5) consecutive years; and no public money was expended for maintenance on the street or <br />highway during such period. <br />SECTION 4. The owner of the surrounding properties to this street are the City of <br />Colton Atchison Topeka and Santa Fe Railroad Company who requested the street <br />abandonment. <br />SECTION 5. Findings can be made that the street, as described on the <br />attached legal description and plat (Exhibit `A') may be summarily vacated <br />because it meets the above stated statutory criteria. <br />SECTION 6. The fact that from and after the date the date the resolution is recorded, <br />the street, highway or public service easement will no longer constitute a street, highway or <br />public service easement. <br />PASSED, APPROVED AND ADOPTED THIS 2nd DAY OF DECEMBER 2008. <br />KELLY J. -`HAjrAIN, Mayor <br />ATTEST: <br />EILEEN C. GOMEZ, Ci rk <br />