|
The Vacation Area is not necessary to provide access to abutting
<br />property owners; and
<br />2. The Vacation Area is unnecessary for present or prospective public
<br />use.
<br />Section 2. This vacation is categorically exempt from the California
<br />Environmental Quality Act under Class 1, Section 15301 (Existing Facilities) of the State
<br />CEQA Guidelines.
<br />Section 3. The Vacation Area is hereby vacated, except for the reservation of
<br />easement described herein, upon the satisfaction of the following conditions:
<br />A. The Tom's Trucks Center residential development (Tom's Trucks) shall
<br />irrevocably offer for dedication the land for the extension of Standard Avenue (64' wide)
<br />between Third Street and Fourth Street as depicted in Tentative Tract Map No. 2017-03,
<br />in a form approved by the City Attorney.
<br />B. Tom's Trucks shall provide to the City an improvement bond, in an amount
<br />determined by the City Engineer and in a form approved by the City Attorney, to guarantee
<br />the construction of all necessary roadway, utility and related improvements for the said
<br />extension of Standard Avenue (64' wide) between Third Street and Fourth Street.
<br />C. Tom's Trucks shall coordinate with the property owner of the property at 1030
<br />East Fourth Street (Extra Space Storage) to remove the remnants of Breeden Street and
<br />Third Street street features, including without limitation existing pavement, sidewalk, curb
<br />and gutter, street trees and street lights. Alternatively, in the event that Tom Truck's does
<br />not reach an agreement with Extra Space Storage to remove the remnant street features
<br />within the area that is outside of Tom's Trucks control, Tom's Trucks may provide a bond,
<br />in an amount determined by the City Engineer and in a form approved by the City Attorney,
<br />to guarantee the removal of any segments of Breeden Street or Third Street not under its
<br />control.
<br />D. The City Engineer shall advise the Clerk of the Council that the above
<br />conditions have been satisfied and that this vacation is therefore effective.
<br />Section 4. The City hereby reserves and excepts from vacation, pursuant to
<br />section 8340 of the California Streets and Highways Code, the easement and right at any
<br />time, or from time to time, to remove street features including, but not limited to pavement,
<br />curb and gutter, sidewalk, street trees, street light systems, and traffic signs, and construct,
<br />maintain, operate, replace, remove, and renew sanitary sewers and storm drains and
<br />appurtenant structures in, upon, over, and across a street or highway proposed to be
<br />vacated and, pursuant to any existing franchise or renewals thereof, or otherwise, to
<br />construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits,
<br />cables, wires, poles, and other convenient structures, equipment, and fixtures for the
<br />operation of gas pipelines, telegraphic and telephone lines, railroad lines, and for the
<br />Resolution No. 2019 -XXX
<br />Page 2 of 5
<br />75B-4
<br />
|