RESOLUTION NO. 2024-XX
A Resolution of the City Council of the City of Rialto, California, Ordering the Summary Vacation of abutter’s Rights Previously Dedicated to the City via Parcel Map 12885 Prohibiting Ingress and Egress Rights to and from Cedar Avenue for precise plan of design 2021-0036 WHEREAS, 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; and WHEREAS, Pursuant to Section 8334 of the statute, the City Council may consider summarily vacating excess right-of-way of a street or highway not required for present or prospective street or highway purposes; and WHEREAS, The abutter’s rights of access along Cedar Avenue that were released and relinquished to the City of Rialto, California, as shown on Parcel Map 12885 and depicted in the attached Exhibits A and B, have been determined to not be required for present or prospective street or highway purposes in accordance with Section 8334 of the statute.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The findings and determinations reflected above are true and correct and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution.
Section 2: The City Council does hereby find that the abutter’s rights, as shown on Parcel Map 12885 and depicted in the attached Exhibits A and B, are unnecessary for present or prospective use as a public street.
Section 3: The City Council does hereby declare that 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 8334.
Section 4: The City Council does hereby summarily vacate all the City’s right, title and interest in the Vacated Area as depicted in Exhibits A and B, and that from and after the date this Resolution is recorded in the records of the San Bernardino County Recorder, the abutter’s rights of access shall no longer constitute a street or highway right-of-way.
Section 5: That pursuant to the provisions of Sections 831 of Title 3 and 1112 of Title 4, Part 2, Division 2 of the California Civil Code of the State of California, title to the above described portion of land revert to the owners of the underlying fee thereof, free from use as an easement for public street or highway purposes.
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 Bernardino. \\\\
WHEREFORE, this Resolution is passed, approved, and adopted this 25th day of June 2024. _______________________________
DEBORAH ROBERTSON, Mayor
ATTEST:
______________________________
BARBARA A. McGEE, City Clerk
APPROVED AS TO FORM:
_____________________________
ERIC S. VAIL, City Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Resolution No._____ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the 25th day of June, 2024.
Upon motion of Council Member__________, seconded by Council 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 _________________, 2024. ___________________________________
BARBARA A. McGEE, CITY CLERK
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