2009 RES R-04-09 - Laserfiche WebLink

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I RESOLUTION NO. R-04-09 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, TO SUMMARILY VACATE A PORTION OF MILL STREET 4 BOUNDED BY ATCHISON TOPEKA AND SANTA FE RAILROAD COMPANY AND BORDWELL COURT, PURSUANT TO CALIFORNIA 5 STREETS AND HIGHWAYS CODE SECTION 8330 ET SEQ. 6 WHEREAS, the City of Colton ("City") holds a right-of-way for street and public utility 7 purposes over, under and upon a portion of Mill Street, located west of Bordwell Court, north of Atchison Topeka and Santa Fe Railroad Company, measuring approximately 527.45 long and 82.50 8 feet wide, which terminates at the parcel of land owned by Atchison Topeka and Santa Fe Railroad 9 Company, which area is more fully described and depicted in Exhibit "A" attached hereto and 10 incorporated herein by reference (hereinafter, "Portion of Mill Street"); and 11 WHEREAS, the City has received a request to summarily vacate the Portion of Mill Street 12 from a property owner, Atchison Topeka and Santa Fe Railroad Company, which owns the parcel 13 accessing the Portion of Mill Street, and 14 WHEREAS, the California Streets and Highways Code provides thata streetorhighway may 15 be summarily vacated if certain conditions are met; and 16 17 WHEREAS, the Portion of Mill Street meets the statutory conditions for summary vacation, which include the following facts: (A) The Portion of Mill Street has been impassable to vehicular 18 and pedestrian travel for the past five (5) years; (B) No public money has been spent on 19 improvements to the Portion of Mill Street for the past five (5) years; and (C) No in-place public 20 utility facilities will be affected by this summary vacation; and 21 WHEREAS, the City shall reserve and except from the vacation all easements and rights regarding public utilities and future streets or highways, pursuant to California Streets and Highways 22 Code section 8340; and 23 24 WHEREAS, this summary vacation of the Portion of Mill Street is made pursuant to the 25 requirements of California Streets and Highways Code, Division 9, Part 3 (Sections 8300 et seq.), Chapter 4. — Summary Vacation ; and 26 27 WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. 28 BE IT NOW THEREFORE RESOLVED AS FOLLOWS: 1