R-106-16 Summarily vacate a portion of Excess Right of Way along Colton Avenue located on the Northeast Corner of B St and Colton Ave

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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-106-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA TO SUMMARILY VACATE A PORTION OF EXCESS RIGHT-OF-WAY ALONG COLTON AVENUE LOCATED ON THE NORTHEAST CORNER OF B STREET AND COLTON AVENUE, 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 Colton Avenue located on the Northeast Corner of B Street and Colton Avenue (hereinafter references as "Portion of Colton Avenue"); 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. 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. 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) The excess right-of-way to be vacated does not contain active public utility facilities. (d) Those properties adjoining the excess right-of-way to be vacated will continue to have access.