2009 RES R-04-09 - Laserfiche WebLink

Browse Search

1 1 . 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. 2 3 2. Order of Vacation. The City Council, under the authority vested in it by the 4 California Streets and Highways Code, hereby orders the vacation of the Portion of Mill Street, located west of Bordwell Court, North of Atchison Topeka and Santa Fe Railroad Company and 5 Bordwell Court, measuring approximately 527.45 long and 82.50 feet wide, which terminates atthe 6 parcel of land owned by Atchison Topeka and Santa Fe Railroad Company. 7 8 3. Reservations and Exceptions. Pursuant to California Streets and Highways Code section 8340, the City Council reserves and excepts from the summary vacation: (1) all 9 easements and rights regarding construction, maintenance, operation, replacement, removal and or 10 renewal of any public utilities; (2) any easement for a future street or highway; (3) all easements and 11 rights regarding in-place public utility facilities; and (4) all easements and rights for vehicular and non -vehicular trails for use by the public over the area to be vacated, including granting such 12 easements or rights to another state or local public agency. 13 14 4. Certification, Recordation and Retention. The City Clerk shall cause a 15 certified copy of this Resolution, aftested by the City Clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, orfurther proof, in the office of the San Bernardino 16 County Recorder. Pursuant to California Streets and Highways Code section 8336, no fee shall be 17 charged for such recordation. The City Clerk shall permanently maintain a true and correct copy of 18 this Resolution. 19 5. Completion of Vacation. Upon the date this Resolution is recorded, the 20 vacation shall be complete and the Portion of Mill Streetwill no longer constitute a street or highway. 21 22 6. California Environmental Quality Ac. The City Council hereby finds and determines that it can be seen with certainty there is no possibility that this action may have a 23 significant adverse effect on the environment. Thus, the action under this Resolution is exempt from 24 the requirements of the California Environmental Quality Act (Public Resources Code §§ 21000 et 25 seg.) ("CEQA") pursuant to Section 15061 (b)(3) of the State CEQA Guidelines. Staff is directed to file a Notice of Exemption with the San Bernardino County Clerk's Office as soon as possible upon 26 the adoption of this Resolution. 27 28 2