R-028-16 Summarily vacate a portion of excess right-of-way along the West side of old Valley Blvd at Pepper Ave (4.19.16)

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I WHEREAS, this summary vacation is made pursuant to the California Streets and 2 Highways Code, Division 9, Part 3 (sections 8300 et seq.), Chapter 4 — Summary Vacation; 3 and 4 WHEREAS, all other legal prerequisites to the adoption of this Resolution have 5 occurred. 6 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES 7 HEREBY RESOLVE AS FOLLOWS: 8 SECTION 1. Incorporation of Recitals. The City Council hereby finds and determines that the recitals of this Resolution are true and correct and are hereby 9 incorporated into this Resolution. 10 SECTION 2. Findings. The City Council further finds that: 11 (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 12 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 13 was acquired. (c) The excess right-of-way to be vacated does not contain active public utility 14 facilities. (d) Those properties adjoining the excess right-of-way to be vacated will continue 15 to have access. (e) This summary vacation is consistent with the City's General Plan since the 16 current General Plan and the proposed amended General Plan do not show a proposed 17 roadway where the excess right-of-way is located. (f) The public street system for which the excess right-of-way was originally 18 acquired will not be detrimentally affected by this vacation. (g) The legal description and plat map are technically correct and in compliance 19 with the aforementioned sections of the California Streets and Highways Code and other applicable State and local laws. 20 SECTION 3. Order of Vacation. The City Council, under the authority vested in it by 21 the California Streets and Highways Code, hereby orders the vacation of the excess right-of- way described herein as that portion of excess right-of-way along the west side of Valley 22 Boulevard, which is located southwest of the realigned intersection of Valley Boulevard and Pepper Avenue, referenced herein as the Portion of Valley Boulevard, which location is more 23 particularly described in Exhibit "A" and which is attached hereto and incorporated herein by 24 this reference. Describe in Exhibit "B" and attached hereto and incorporated herein by this reference is reciprocal access easement retained by the City. 25 SECTION 4. Certification. Recordation and Retention. The City Clerk shall cause 26 a certified copy of this Resolution, attested by the City Clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof, in the office of the 27 San Bernardino County Recorder. Pursuant to California Streets and Highways Code section 8336, no fee shall be charged for such recordation. The City Clerk shall permanently maintain 28 a true and correct copy of this Resolution. 2 23152.06160\5919214.2