R-076A-18 Vacate a portion of Excess right-of-way along E street and H street.

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1 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 RESOLUTION NO. R -76A-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA TO SUMMARILY VACATE A PORTION OF EXCESS RIGHT-OF-WAY ALONG E STREET AND H STREET LOCATED ON THE BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY ("BNSF"), PURSUANT TO CALIFORNIA STREETS AND HIGHWAYS CODE SECTION 8330, ET SEQ. WHEREAS, the California Streets and Highways Code provides that an excess right-of-way of a street or highway may be summarily vacated if certain conditions are met; and WHEREAS, the City of Colton ("City") holds a right-of-way for street and public utility purposes over, under and upon that Portion of E Street and H Street located on the Burlington Northern Santa Fe Railway Company (`BNSF") (hereinafter references as "Portion of E Street and H Street'); and WHEREAS, there are existing public utilities and easements for public utilities in the Vacated Area and appurtenant rights thereto that will be reserved for the City in accordance with California Streets and Highways Code Section 8340; and WHEREAS, the excess right-of-way described herein is not required for street or highway purposes; and WHEREAS, this summary vacation is made pursuant to the California Streets and Highways Code, Division 9, Part 3 (sections 8300 et seq.), Chapter 4 — Summary Vacation. WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Incomoration 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. SECTION 2. Findings. The City Council further finds that: (a) The subject excess right-of-way to be vacated is not required for present or prospective public use, either for street or highway purposes or for any other public circulation use such as pedestrian, bikeway, or other non -motorized transportation access. (b) The subject excess right-of-way has not been used for the purpose for which it was acquired. (c) Those properties adjoining the excess right-of-way to be vacated will continue to have access. (d) The legal description and plat map are technically correct and in compliance with the aforementioned sections of the California Streets and Highways Code and other applicable State and local laws.