-1-
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.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIALTO, CALIFORNIA, SUMMARI LY VACATING AND
ABANDONING A PORTION OF THE PUBLIC RIGHT -OF-WAY
FOR SLOVER AVENU E GENERALLY LOCATED ON THE
SOUTH SIDE OF SLOVER AVENUE BETWEEN CACTUS
AVENUE AND LILAC AVENUE.
THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, FINDS AND DETERMINES:
A. The City Council of the City of Rialto, California, is authorized by Division 9, Part 3, Chapter 4, of the Streets and Highways Code of the State of California (the “statute”), to summarily vacate a public street or highway, or parts thereof, within the limits of the City.
B. Pursuant to Section 833 4(a) of the statute, the City Council may consider summarily vacating an excess right -of-way of a street or highway not required for street or highway purposes.
C. On November 20, 1998, the County Recorder’s Office recorded Document # 1998-0498437, a Street and Highway Deed for a strip of land, 50 feet in width adjacent to the existing right-of-way of Slover Ave nue. The dedication, together with the original 30 feet of right-of-way on the south side of the centerline of Slover Avenue dedicated by the Subdivision of Lands Belonging to the Semi -Tropic Land and Water Company, brought the total width of right-of-way on the south side of the centerline of Slover Avenue to 80 feet wide.
D. The Rialto General Plan identifies Slover Avenue as a Major Arterial. The full width of a Major Arterial is 120 feet wide. The halfwidth is therefore 60 feet wide.
-2-
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
E. The owner of the adjoining property has requested the City of Rialto vacate the southerly 20 feet of the existing 80 feet of the public right -of-way south of the centerline of Slover Avenue, therefore leaving 60 feet of right-of-way on the south side of Slover Avenue.
F. In accordance with California Government Code section 65402, the proposed summary vac ation and abandonment of the 20 feet wide strip of Slover Avenue, was submitted to and reported upon by the Planning Commission of the City of Rialto.
G. On April 13, 2022, the Planning Commission of the City of Ria lto determined that the proposed vacation and abandonment of a 20 feet wide por tion of Slover Avenue, located as described in Exhibit A and depicted in Exhibit B , was in conformance with the Rialto General Plan.
H. The 20 feet wide strip of Slover Avenue, located as described in Exhibit A and depicted in Exhibit B , has been determined to be an excess right -of-way o f a street or highway not required for street or highway purposes in accordance with Section 8334(a) of the statute.
I. Section 21084 of the California Public R esources Code requires Guidelines for Implementation of the Califor nia Environmental Quality Act (“CEQA”) , and p ursuant to the CEQA Guidelines, Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) the action to adopt this Resolution summarily vacating the portion of Slover Avenue is considered categorically exempt from CEQA.
J. The Street and Highway Deed recorded on November 20, 1998, Document # 1998-0498437, included a conveyance of “all the right, title and interest in and to the real property” and that language is deemed a fee conveyance of that public street to the City.
-3-
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
K. Concurrently with the summary vacation and in order to eliminate any rights, title or interest in and to the excess right -of-way, the City Council of the City of Rialto shall quitclaim all the City’s rights, title, and interest to the vacated area as described in Exhibit A and depicted in Exhibit B.
THE CITY COUNCIL OF THE CITY OF RIALTO DOES HEREBY RESOLVE AS FOLLOWS:
Section 1: The findings and determinations reflected above are tru e and correct and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution.
Sect io n 2: The City Council does hereby find that the portion of Slover Avenue, located on the south side of Slover Avenue between Cactus Avenue and Lilac Avenue, as described in detail herein on Exhibit A and depicted on Exhibit B to this Resolution, are unnecessary for present or prospective use as a public street.
Sect io n 3: The City Council does hereby declare th at this summary vacation is being made under and pursuant to the California Streets and Highways Code Division 9, Part 3, Chapter 4, Summary Vacation, Section 8331.
Se ction 4 : T he City Council does hereby vacate and abandon all of the City’s right, title and interest in the Vacated Area described on Exhibit A and depicted on Exhibit B , and that from and after the date this Resolution is recorded in the records of the San Bernardino County Recorder, that portion of the public street known as Slover Avenue within the Vacated Area shall no longer constitute a public street.
Section 5: T he City Manager is hereby authorized to execute a Q uitclaim Deed for the Vacated Area on behalf of the Cit y Council of the City of Rialto in such form acceptable for recordation with the San Bernardino County Recorder shall be delivered to the City Cle rk for concurrent recordation by the City Clerk immediately before the recordation of this Resolution.
\\\
-4-
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
Section 6: The City Clerk of the City of Rialto shall cause a certified copy of this Resolution, attested by the Clerk under seal, to be recorded in the Office of the County Recorder of the County of San Bernardi no, con currently with the document furnished therewith pursuant to Section 5.
WHEREFORE, this Resolution is passed, approved and adopted this 26th day of April 2022.
DEBORAH ROBERTSON, Mayor
ATTEST:
BARBARA A. McGEE, City Clerk
APPROVED AS TO FORM:
ERIC S. VAIL, City Attorney
-5-
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
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara McGee, City Clerk of the Cit y of Rialto, do hereby certify that the foregoing Resolution No._____ was duly passed and adopted at a r egular meeting of the C ity Council of the City of Rialto held on the 26th day of April 2022.
Upon motion of Council Member__________, seconded by Counc il Member__________, the foregoing Resolution No. _____ was duly passed and adopted.
Vote on the motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this _____ day of _________________, 2022.
___________________________________
BARBARA A. McGEE, CITY CLERK
-6-
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
EXHIBIT “A” FOLLOWS THIS PAGE
-7-
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
EXHIBIT “B” FOLLOWS THIS PAGE