1999 AGN FEB 02 I01 - Laserfiche WebLink

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CITY OF COLTON AGENDA REPORT For Council Meeting of February 2, 1999 TO: HONORABLE MAYOR AND CITY COUNCIL APPROVAL: HENRY T. GARCIA, CITY MANAGE FROM: CITY ATTORNEY SUBJECT: RESOLUTION NO. x -14' APPROVING VACATION OF EXCESS RIGHTS- OF-WAY, AUTHORIZING CONVEYANCE OF LAND FOR BILLBOARD PURPOSES, AND AUTHORIZING AERIAL EASEMENTS FOR BILLBOARD PURPOSES DATE: January 25, 1999 BACKGROUND: The City of Colton ("City') and Adams Advertising, Inc. ("Adams" entered into a Settlement and Release Agreement on July 1, 1993 allowing Adams to install and maintain to i (10) billboard signs in various locations along portions of Steel Road and Cooley Drive. The City was required to (1) vacate excess rights-of-way along portions of Steel Road and Cooley Drive, (2) grant to A , ams fee simple title to portions of land along Steel Road and Cooley Drive, and (3) grant perpetual aeri easements to Adams for their billboards project. In approximately January 1995, the City Council adopt d Resolutions R -05A-95 and R-18-96 to effect the City's referenced abandonment and transfer obligat ons under the Settlement and Release Agreement. Pursuant to the City's proceedings, the Californiaepartment of Transportation ("Caltrans') issued state permits required for the installation of billboards along Steel Road and Cooley Drive. However, Caltrans subsequently initiated legal proceedings against Adams claiming that Caltrans owned the property along Steel Road. As a result of Caltrans' lawsuit, the City as prohibited from executing its abandonment and transfer proceedings with respect to Steel Road. DISCUSSION/ANALYSIS: Caltrans and Adams settled their lawsuit in approximately December 1998, and Caltrans re -relinquished Steel Road to the City. The City is now required to re -vacate d re -transfer the property and aerial easements that were stayed by Caltrans' lawsuit. The attached resolul ion reconfirms stafFs original findings that conditions have been satisfied under California Streets and Highways Code Section 8334 and that the excess public rights-of-way along a portion of Steel Road are no longer required by the City for street or highway purposes. The resolution authorizes the City to (1) vacate excess rights- of-way along a portion of Steel Road, (2) grant fee simple title to Adams of said vacated property along Steel Road and Cooley Drive, and (3) grant perpetual aerial easements to Adams for billboard maintenance purposes. The City Attorney has reviewed and approved the attached Resolution, Grand Deed and Grant of Perpetual Aerial Easement. RECOMMENDATION: Approve Resolution No. INI'll , approving vacation of ex ess rights-of- way, authorizing conveyance of land, and authorizing aerial easements for billboard purposes. Item # 1