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<br />F. This Council further finds that notices of said proposed vacation stating the <br />purposes of said Resolution and the time and place set for hearing were <br />posted as directed by the Council and required by law. <br /> <br />G. This Council at the time and place set for hearing, heard any and all <br />persons interested in or objecting to said proposed vacation of said portions <br />of the streets and received and considered all evidence submitted. <br /> <br />H. This Council finds from all the evidence submitted that said portions of the <br />streets are unnecessary for present or prospective public use, based upon <br />the following findings of fact: <br /> <br />1. Said portions of said streets are not necessary to provide access to <br />abutting property owners; and <br /> <br />2. Said portions of said streets are unnecessary for present or <br />prospective public use. <br /> <br />I. Pursuant to the provisions of section 892 of the Streets and Highway <br />Code of the State of California, the City Council does hereby find and <br />determine that neither said portions of the streets nor any part thereof are <br />useful as nonmotorized transportation facilities, as defined in section 887 <br />of said Code. <br /> <br />Section 2. This Council does hereby order that those portions of Sycamore <br />Street from Washington Avenue to approximately 137 feet north of 10th Street, as <br />generally shown on the maps labeled Exhibit 1, attached hereto and made a part hereof <br />by this reference, and the same are hereby vacated if and only if the following <br />conditions have been completed to the satisfaction of the City's Engineer: <br /> <br />A. OBP shall acquire underlying fee title to all of the area to be vacated by this <br />resolution. <br /> <br />B. OBP shall irrevocably offer for dedication the land within the street vacation <br />area to the City in a form approved by the City Attorney. The term of the <br />offer shall expire upon completion of the project parking structure as <br />determined by the City's Building Official. <br /> <br />C. OBP shall provide to the City an improvement bond, in an amount <br />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 <br />restore the vacated area in the event the applicant fails to complete <br />construction of the Parking Structure. The bond will be released following <br />completion of the project parking structure. <br /> <br />D. The City owned sewer and water lines in Sycamore Street serving the <br />properties east of the area to be vacated shall be relocated to within those <br />private properties, which shall become private and OBP will accept the <br />future maintenance obligation of the sewer and water lines. <br /> <br />Resolution No. 2007-060 <br />Page 2 of 5 <br />