Reso PC16-11 0075 PC Reso 1629 Main Street - Butler

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interest, as documented by deed or judgment in quiet title, in all properties, including the abandoned right of way, all as provided in more detail below. In order to process the abandonment, the applicant must submit an application, with all supporting materials to the satisfaction of the City Engineer and City Attorney and all required fees, to the City requesting that the City vacate the right of way. Upon submittal of such application, the City Council shall consider, in its sole and absolute discretion, the abandonment of the right of way. The Planning Commission's project approval, including the Vesting Tentative Parcel Map and the Architectural Permit, is separate and distinct from the City Council's consideration of the right of way abandonment, and the City Council is not in any way bound to act in a manner consistent with the Planning Commission project approval. If the abandonment is not approved, the Parcel Map cannot be approved and the project, as approved herein, cannot proceed. In addition to the abandonment, the applicant shall proceed to secure fee title interest in the remaining property not held in fee by applicant, including the abandoned right of way from the City, Caltrans and/or other parties with record title, as determined by the City. The applicant's fee title interest in the property, including abandoned right of way, shall be demonstrated by a deed or deeds conveying the fee title interest to applicant. The applicant shall provide any and all assurances, including a waiver and indemnity, the City requires in order to convey any of its interest in the vacated right of way. The Parcel Map cannot be approved if the applicant fails to secure fee title to the property, including the abandoned right of way, and the project, as approved herein, cannot proceed. 33. Easements - Prior to approval and recordation of the Parcel Map, the applicant shall include easements to provide city access on the property to allow for maintenance of the slope, and to provide access to Caltrans for outfall cleanup. [COA][PUBLIC WORKS] 34. Agreements- Prior to recordation of the Parcel Map, enter into the following agreements in a form acceptable to the City Attorney and the Community Development Director: [COA][ENGINEERING] a. A Landscape Maintenance Agreement for all assigned landscape areas in public rights of way, easements, and/or on property in which the City holds an interest to be maintained. Maintenance items shall include, but are not limited to, planting trees, shrubs, flowers, grass and all appurtenances including irrigation systems and pedestrian scale lighting as installed by this project. b. A Stormwater Treatment Measures Maintenance Agreement for all on-site stormwater treatment measures associated with the project c. An Improvement Agreement to guarantee the installation of all improvements required of the project and to provide for payment of all City inspection and plan check charges associated with the installation of public and private improvements, including, but not limited to, streets, sanitary sewers, water, storm drains and street lights. Engineering Reports and Surveys ATTY/RESO.0075/PC RESO 1629 MAIN STREET(BUTLER) REV:08-16-16 VR Page 9 of 22