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jmf 5/28/19 <br />2. The Vacation Area is unnecessary for present or prospective public <br />use. <br />Section 2. In 1983, the City Redevelopment Agency certified the Final <br />Environmental Impact Report ("1983 EIR") for the Fashion Square Commercial Center <br />Project ("Originally Approved Plan"). In 1996, Addendum ER 96-033 (" 1996 Addendum") <br />to the 1983 EIR was prepared and approved to evaluate a then -proposed expansion of the <br />Originally Approved Plan's commercial uses. On June 4, 2019, the City Council adopted <br />the Addendum to the Fashion Square Commercial Center Final Environmental Impact <br />Report for the MainPlace Mall Transformation Project (SCH No. 1983021103), which <br />included the vacation of the Vacation Area, and re -adopted the Mitigation Monitoring and <br />Reporting Program. The City Council concurrently found that an addendum is the <br />appropriate document for disclosing the changes to the MainPlace Mall Property, and that <br />none of the conditions identified in Public Resources Code section 21166 and State CEQA <br />Guidelines section 15162 requiring subsequent environmental review had occurred. <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. MainPlace Shoppingtown, LLC shall irrevocably offer for dedication the land <br />within the street vacation area to the City in a form approved by the City Attorney. The term <br />of the offer shall expire upon completion of the primary structure (Structure) proposed <br />within Parcel 1 of Tentative Map 2018-139. Completion of the Structure shall be <br />determined by the City's Building Official. <br />B. MainPlace Shoppingtown, LLC shall provide to the City an improvement bond, <br />in an amount determined by the City Engineer and in a form approved of by the City <br />Attorney, to guarantee the construction of all necessary improvements to restore the <br />vacated area in the event the applicant fails to complete construction of the Structure. The <br />bond will be released following completion of the Structure. <br />C. MainPlace Shoppingtown, LLC shall relocate all existing public utility lines <br />from within the street vacation area to within the to -be constructed private driveway <br />between Main Street and Bedford Road. MainPlace Shoppingtown LLC shall grant an <br />easement to the utility owner for maintenance and operation for any relocated utility lines <br />which will become public. <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 construct, maintain, operate, replace, remove, and renew <br />sanitary sewers and storm drains and appurtenant structures in, upon, over, and across a <br />street or highway proposed to be vacated and, pursuant to any existing franchise or <br />Resolution No. 2019-XXX <br />Page 2 of 5 <br />75E-6 <br />