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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <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 />SECTION 3. Order of Vacation. The City Council, under the authority vested in it by the <br />California Streets and Highways Code, hereby orders the vacation of the excess right-of-way described <br />herein as that portion of excess right-of-way located along the Burlington Northern Santa Fe Railway at E <br />Street and H Street, referenced herein as the Portion of E Street and H Street, which location is more <br />particularly described in Exhibit "A," and which is attached hereto and incorporated herein by this <br />reference. <br />SECTION 4. Certification. Recordation and Retention. The City Clerk shall cause a certified <br />copy of this Resolution, attested by the City Clerk under seal, to be recorded without acknowledgment, <br />certificate of acknowledgment, or further proof, in the office of the San Bernardino County Recorder. <br />Pursuant to California Streets and Highways Code section 8336, no fee shall be charged for such <br />recordation. The City Clerk shall permanently maintain a true and correct copy of this Resolution. <br />SECTION 5. Completion of Vacation. Upon the date this Resolution is recorded, the vacation <br />shall be complete and the excess right-of-way described herein will no longer constitute a right-of-way. <br />SECTION 6. Effective Date. This Resolution shall become effective upon its adoption. <br />SECTION 7. California Environmental Quality Act. The City Council hereby finds that this <br />action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections <br />15060(c)(2) [the activity will not result in a direct or reasonably foreseeable indirect physical change in the <br />environment] and 15060(c)(3) [the activity is not a project as defined in Section 15378] of the CEQA <br />Guidelines, California Code of Regulations, Title 14, Chapter 3, because this action has no potential for <br />resulting in physical change to the environment, directly or indirectly. Therefore, no further <br />environmental assessment is required. <br />PASSED, APPROVED AND ADOPTED THIS 17th day of July, 2018. <br />RICHARD A. DELAROSA, Mayor <br />ATTEST: <br />CAROLINA R. PADILLA, City Clerk <br />-2- <br />