2019-005 - Vacating All of Breeden Street

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H. The City Council finds from all the evidence submitted that the Vacation Area is unnecessary for present or prospective public use, based upon the following findings of fact: 1. The Vacation Area is not necessary to provide access to abutting property owners; and 2. The Vacation Area is unnecessary for present or prospective public use. Section 2. This vacation is categorically exempt from the California Environmental Quality Act under Class 1, Section 15301 (Existing Facilities) of the State CEQA Guidelines. Section 3. The Vacation Area is hereby vacated, except for the reservation of easement described herein, upon the satisfaction of the following conditions: A. The Tom's Trucks Center residential development (Tom's Tntcks) shall irrevocably offer for dedication the land for the extension of Standard Avenue (64' wide) between Third Street and Fourth Street as depicted in Tentative Tract Map No. 2017-03, in a form approved by the City Attorney. B. Tom's Trucks shall provide to the City an improvement bond, in an amount determined by the City Engineer and in a form approved by the City Attorney, to guarantee the construction of all necessary roadway, utility and related improvements for the said extension of Standard Avenue (64' wide) between Third Street and Fourth Street. C. Tom's Trucks shall coordinate with the property owner of the property at 1030 East Fourth Street (Extra Space Storage) to remove the remnants of Breeden Street and Third Street street features, including without limitation existing pavement, sidewalk, curb and gutter, street trees and street lights. Alternatively, in the event that Tom Truck's does not reach an agreement with Extra Space Storage to remove the remnant improvements within the area that is outside of Tom's Trucks control, Tom's Trucks may provide a bond, in an amount determined by the City Engineer and in a form approved by the City Attorney, to guarantee the removal of any segments of Breeden Street or Third Street not under its control. D. The City Engineer shall advise the Clerk of the Council that the above conditions have been satisfied and that this vacation is therefore effective. Section 4. The City hereby reserves and excepts from vacation, pursuant to section 8340 of the California Streets and Highways Code, the easement and right at any time, orfrom time to time, to remove street features including, but not limited to pavement, curb and gutter, sidewalk, street trees, street light systems, and traffic signs, and construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in, upon, over, and across a street or highway proposed to be vacated and, pursuant to any existing franchise or renewals thereof, or Resolution No. 2019-005 Page 2 of 5