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2012-16 RESOLUTION NO. 2012- 16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, APPROVING THE ASSIGNMENT AND TRANSFER OF THE PUBLIC HIGHWAY OVERPASS CROSSING AGREEMENT TO THE CITY OF COLTON. WHEREAS, on January 14, 1999, the City of Grand Terrace and the City of Colton entered into a Cooperative Funding Agreement to replace the West Barton Road Bridge over the Union Pacific Railroad, (UPRR), known as DOT No. 747-045-X. WHEREAS, the City of Grand Terrace has been the lead agency on the West Barton Road Bridge replacement project through the administration of the preliminary engineering and right-of-way procedures and now transfers the project to the City of Colton to construct. WHEREAS, on June 16, 2010, the City of Grand Terrace City Council adopted Resolution No. 2010-07, approving a Public Highway Overpass Crossing Agreement with UPRR for the construction of the West Barton Road Grade Separation. WHEREAS, the City of Colton is now the lead agency on the West Barton ` Road Bridge to construct the grade separation. WHEREAS, pursuant to UPRR, the Highway Overpass Crossing Agreement must be transferred to the lead agency that will construct the grade separation. WHEREAS, pursuant to the UPRR, under Section 14, of the Highway Overpass Crossing Agreement, the City shall not assign the Highway Overpass Crossing Agreement without the prior written consent of UPRR. WHEREAS, on March 8, 2012, UPRR sent an Assignment Rider Agreement to the City of Colton and the City of Grand Terrace for execution to transfer the Highway Overpass Crossing Agreement to the City of Colton as the lead agency, NOW THEREFORE, THE GRAND TERRACE CITY COUNCIL DOES RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS: SECTION 1. The City of Grand Terrace City Council as the "Assignor' does hereby sell, assign, transfer and set over unto the City of Colton, a California municipal corporation, to be addressed at 160 South 191" Street, Colton California 92324 (hereinafter "Assignee) all of Assignor's right, title, responsibilities and interest in the aforementioned Highway Overpass Crossing Agreement and hereby approves the attached "Assignment Rider Agreement' for said purpose. SECTION 2. The City of Grand Terrace City Council authorizes the Mayor to sign the attached Assignment Rider Agreement. SECTION 3. The City Clerk shall certify to the passage and adoption of the resolution and enter it into the books of original resolutions. PASSED, APPROVED AND ADOPTED this 27th day of March, 2012. Mayor oft ity of Grand Terrace ATTEST: r City ClerlQ of th6 City of G ralv Terrace I, TRACEY R. MARTINEZ, CITY CLERK of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 27`^ day of March, 2012 by the following vote: AYES: Cooncilmeubers McNaboe, Sandoval and Hays, Mayor Stanckiewitz NOES: None ABSENT: Mayor Pro Tem Garcia ABSTAIN: None Tracey R. Martinbz, City CI APPROVED AS TO ECRM: City Attorney f