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Home My WebLink About7667 RECORDING REQUESTED BY Electronically Recorded in Official Records,County of San Bernardino 910812016 0&53 AM BOB DUTTON NC, AND WHEN lz�z�1� �, ASSESSOR-RECORDER-CLERK NAME CITY CLERK ION'fr 367 City of Redlands Clerk CITY OF REDLANDS STREET ADDRESS P.O . BOX 3005 Doc#: 2016-0368219 Titles: 1 Pages' 7 CITY,STATE;,& REDLANDS, CA 92373 Fees .00 ZIP CODETaxes .00 Other .00 PAID .00 FEES NOT REQUIRED SPACE ABOVE FOR RECORDER'S USE ONLY PER GOVERNMENT CODE SECTION 61.013 STREET VACATION RESOLUTION NO. 7667 Title of Document le� Cu D ED ........... CD fr\�' UO ED D 11 01 0 THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) RESOLUTION NO. 7667 A RESOLUTION OF THE CITY COUNCIL OFTHE CITYO[�' REDLANDS SUMMARILY VACATING AN UN-NAMED TWELVE FOOT ALLEYAS SHOWN ONTHE STONES SLIBDMSION LOCATED AT 212 BROOKSIDE AVENUE AS EXCESS STREETRIGH'T-OF-WAY WHEREAS,Section 8334 ofthe California Streets and Highways Code authorizes the City Council to,summarily vacate excess right-of-way of a street not required for Street purposes', and WHEREAS, pursuant to Section 8340 of the California Streets and Highways Code,the City may for public convenience and necessity reserve and except public service casements frorn a street vacation; and WHERAS, to facilitate the City's sale of the real property located at 212 Brookside Avenue, the escrow company is requesting a resolution vacating an un-named twelve foot alley that has no assessor's parcel number, which was granted to,the City for street purposes in 1903, and which is not used for street purposes, and WHEREAS, the City Council intends to surninarily vacate the excess right-of-way as more paillcularly described in Exhibit "A"to this resolution; and WHEREAS, the City Council has considered the staff report dated September 6, 2016, Submitted to the City Council setting forth the reasons for the summary vacation of the excess right-of-way and all other information provided at the Septeniber 6, 2016,City Council meeting; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS- SECTION 1. The City Council makes the following findings: a. That certain 12 foot alley as shown on the Stones Subdivision record in Book 5 of Maps,page 37, records of San Bernardino County, state of California (the "Excess Right-of-Way"), as depicted in Exhibit "N' attached hereto, is excess and not required now, or in the future, for public right-of-way purposes. The area to be vacated is primarily an unimproved alley with no connection to any City street and is not now, or in the future, necessary for the proper functioning of the City's right-of-way or street systern; L, b. There are no known public facilities or utilities located within the Excess Right-of-Way; c. As authorized by California Streets and Highways Code section 8331, the Excess Right-of- Way may be summarily vacated because the two fol low i ng conditions exist: (I) for a period of five consecutive years, the Excess Right-of-Way has been impassable as a public street for vehicular purposes,and(2) no public inoney was expended for street maintenance purposes for the Excess Right-of-Way during such five year period, d. The Excess Right-of-Way would not be useful as a non-inotorized transportation facility because of its ininor size and because it lies outside of the improved street and sidewalk areas; e. The City Council has considered the Redlands General Plan and finds that the vacation of the Excess Right-of-Way is in conformity with the General Plan; and f The proposed vacation of the Excess Rigbt-of-Way is categorically exempt from review under the California Environmental Act pursuant to Title 14 California Code of Regulations Section 15305 as a minor alteration in land use limitations in that the vacation would remove City street interests that encumber the fee title to the underlying property. SECTION 2. Based upon the findings made in Sectionl of this Resolution and the provisions of Section 8334 of the California Streets and Highways Code, the City Council does hereby order that the Excess Right-of Way as shown in Exhibit "A" shall be and is hereby summarily vacated. SECTION 3. The City Clerk shall cause a certified copy of this Resolution, including Exhibit "A,"to be recorded in the office of the County Recorder of San Bernardino County and return one copy to the Planning Division of the Development Services Department and the Eng 1i,neering Division of the Municipal Utilities and Engineering Department for their respective files. SECTION 4. The Excess Right-of-Way depicted and described in Exhibit"A"will no longer constitute public right-of-way from and after the date of recordation of this resolution, Paul W. Foster, Mayor ATTEST: V Sam Irwin, City Clerk 1, Sam Irwin, City Clerk of the City of Redlands, hereby certifies that the foregoing resolution was adopted by the City Council, at a regular meeting thereof, held on the 6th day of September, 2016 by the following vote: AYES: COUnCilmembers Gilbreath, Barich, James; Mayor Foster NOES: None ABSENT: Council member Harrison ABSTAIN: None Sam Irwin, City Clerk ALL CAPACITY ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF California, COUNTY OF San Bernardino On September 6, 20116 before me, Jeanne Donaldson, Deputy City Clerk (Date) (Name and utile of the off cef) personally appeared Paul W. Foster and Sam Irwin (NaMe oat person sign5g) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/thelr authorized capacft�(jes), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which t e person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph,is true and correct. WITNESS my hand and official seal. O� E ........ <) Signature of officer 1888 F 0 Rev.01/01/2015 EXHIBIT A VACATION OF ALLEY THAT CERTAIN 12 FOOT WIDE ALLEY AS SHOWN ON THE STONES SUBDIVISION RECORDED IN BOOK a OF MAPS,PACE 37, RECORDS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA. PREPARED BY. HAROLD R. HARTIIWI!CN< 'A. HAMWAX LS NO 2851 � V206ti ropL � cw DATE. Julys 25,2016 -w a cpLn ,. CT 0 0, 0 ° WCO 0 z wo L71 -4 c , 0 Co X 0 LM co r m w moo, d' o