|
Additionally, the abandonment will eliminate the city's liability over
<br />unimproved property.
<br />E. The proposed street abandonment is consistent with the general plan.
<br />The proposal will provide and maintain a comprehensive circulation
<br />system that facilitates the efficient movement of people and goods through
<br />the City (Circulation Element Goal 1) and fully coordinates transportation
<br />and land use planning activities in the City (Circulation Element Goal 4),
<br />as the area to be vacated is excess land and no longer part of the street
<br />system. Further, the project is consistent with goals that preserve and
<br />improve the character and integrity of neighborhoods (Land Use Element
<br />Goal 3), and ensure that impacts of development are mitigated (Land Use
<br />Element Goal 5), by improving an area that otherwise would remain
<br />unimproved and create a blight condition for the neighborhood.
<br />F. Pursuant to the provisions of section 892 of the California Streets and
<br />Highway Code, the City Council does hereby find and determine that
<br />neither said portion of the street nor any part thereof is useful as non -
<br />motorized transportation facilities, as defined in section 887 of said Code.
<br />G. In accordance with the California Environmental Quality Act, the proposed
<br />project is exempt from further review per Section 15305. Categorical
<br />Exemption No. 2014 -091 will be filed for this project.
<br />Section 2. This Council does hereby order that the unimproved excess right -of-
<br />way on Custer Street, north of Washington Avenue, as shown on Exhibit 1 attached
<br />hereto and made a part hereof by this reference, be, and the same is, hereby vacated.
<br />A. Pursuant to section 8340 of the Califomia Streets and Highways Code, the
<br />City Council reserves and excepts from the above vacation an easement
<br />and right at any time, or from time to time, to construct, maintain, operate,
<br />replace, remove, and renew sanitary sewers and storm drains and
<br />appurtenant structures, and, pursuant to any existing franchise or renewals
<br />thereof, or otherwise, to construct, maintain, operate, replace, remove,
<br />renew and enlarge lines of pipe, conduits, cables, wires, poles, and other
<br />convenient structures, equipment, and fixtures for the operation of gas
<br />pipelines, telegraphic and telephone line, railroad lines, and for the
<br />transportation or distribution of electric energy, petroleum and its products,
<br />ammonia, and water, and for incidental purposes, including access to
<br />protect these works from all hazards in, upon, and over the area of Custer
<br />Street hereby vacated. Moreover, if there are any in -place public utility
<br />facilities that are in use, the City Council reserves and excepts from the
<br />above vacation an easement and right necessary to maintain, operate,
<br />replace, remove or renew the public utility facilities.
<br />Resolution No. 2014 -
<br />Page 2 of 3
<br />55DD -14
<br />
|