Susana Alcala Wood, City Attorney Jorge Oseguera, City Auditor Mindy Cuppy, City Clerk Howard Chan, City Manager John Colville, City Treasurer City Council Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-00647 April 05, 2022 Public Hearing 15
Title: The Vacation of ‘Neighbors’ Alley Bounded Between 8th Street and 9th Street Vacation Proceeding No. VAC21-0001 [Noticed 3/21/2022 & 3/28/2022]
Location: Neighbors Alley between 8
th and 9th Streets and N and O Streets, District 4
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution vacating the 20-foot-wide public right of way known as ‘Neighbors’ Alley.
Contact: Jimmy Byrum, City Surveyor, (916) 808-7918, [email protected]; Jennifer Johnson, Supervising Engineer, (916) 808-7754, [email protected]; Ofelia Avalos, Engineering Services Manager, (916) 808-7035, [email protected], Department of Public Works
Presenter: Jimmy Byrum, City Surveyor, (916) 808-7918, [email protected], Department of Public Works
A
ttachments:
1-Description/Analysis
2-Resolution
3-Exhibit A: Legal Description of Area to be Vacated/Public Service Easement Reservation 4-Exhibit B: Plat/Map of Area to be Vacated/Public Service Easement Reservation 5-Exhibit C: Quitclaim Deed and Certificate of Acceptance (form of document)
File ID: 2022-00647 Public Hearing 15
April 05, 2022
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City of Sacramento
Description/Analysis
Issue Detail: The State of California Department of General Services is undergoing a comprehensive renovation of the existing Resources Building within the block bounded by 8th Street, 9th Street, N Street, and O Street in downtown Sacramento. The project requires the vacation of the public right-of-way known as ‘Neighbors’ Alley. The owner is proposing this vacated area to be incorporated into the project site. The existing public utilities are proposed to be retained and a public service easement more specifically described herein will be reserved. The State of California is requesting that the City execute a quitclaim deed once all conditions have been satisfied and the Resolution is recorded.
Policy Considerations: The City Council action recommended in this report is consistent with the Sacramento 2035 General Plan policies to support development downtown and preserve existing buildings within their historic context, and in compliance with the California Streets and Highways Code, Sections 8300-8325.
Economic Impacts: None.
Environmental Considerations:
California Environmental Quality Act (CEQA): The Community Development Department, Environmental Planning Services Division has reviewed this vacation/ abandonment of the public right-of-way and determined that this is exempt from the provisions of the California Environmental Quality Act (CEQA) Section 15305, Minor Alteration in Land Use Limitation. The project consists of the minor alteration in land use limitations with an average slope of less than 20%, which do not result in any changes in land use or density.
Sustainability: Not applicable.
Commission/Committee Action: None.
Rationale for Recommendation: The approval of this vacation/abandonment request will allow the State of California the ability to renovate the General Services Resources Building without restriction of the existing 20-foot-wide right of way known as “Neighbors Alley”. A public service easement will be reserved over the entire alley area. Clearance has been given by affected City agencies and utility companies supporting the vacation of this public alley and staff finds that this request for vacation is in conformance with the Streets and Highways Code (S&HC) Section 8300-8325.
File ID: 2022-00647 Public Hearing 15
April 05, 2022
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City of Sacramento
Financial Considerations: The applicant is responsible for all fees required to process this application at no cost to the City.
Local Business Enterprise (LBE): Not applicable.
RESOLUTION NO. 2022-
Adopted by the Sacramento City Council
April 5, 2022
The Vacation of ‘Neighbors’ Alley Bounded Between 8th and 9th Streets Vacation Proceeding No. VAC21-0001
BACKGROUND
A. The State of California Department of General Services has requested vacation of the public right-of-way known as ‘Neighbors’ Alley in the block bounded by 8th, 9th, “N”, and “O” Streets in downtown Sacramento for development purposes.
B. The City will reserve a public service easement more specifically described herein over the entire width and length of ‘Neighbors’ Alley.
C. The City of Sacramento’s Planning Director reviewed this vacation proceeding pursuant to Sacramento City Code 17.912.030 and State of California Government Code Section 65402 and concluded that this vacation is consistent with the City of Sacramento’s 2035 General Plan.
BASED ON THE FACTS SET FORTH IN THE RECITALS, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The public right-of-way known as ‘Neighbors’ Alley located in the block bounded by 8th, 9th, “N”, and “O” Streets in downtown Sacramento within Council District 4, more specifically described in Exhibits A and B of this Resolution is unnecessary for present or prospective public use and is vacated subject to the reservation below in section 2.
Section 2. Pursuant to Streets and Highways Code Section 8306 and 8340, the City of Sacramento reserves a public service easement which is more specifically described in Exhibits A and B of this resolution, for all purposes and reasons described in Streets and Highways Code Sections 8306 and 8340 including but not limited to the right at any time, or from time to time, to construct, maintain, operate, replace, remove, or renew the public service facilities, upon, under, over and across the subject property to be vacated.
Section 3. The vacation of the public alley more specifically described in Exhibits A and B, is made pursuant to the State of California Streets and Highways Code, Division 9, Parts 3, Chapters 1-3, Sections 8300-8325.
Section 4. The City Council finds that the vacation has been submitted to and reported on by the City of Sacramento’s Planning Director and finds that the vacation is consistent with the City of Sacramento’s 2035 General Plan.
Section 5. Once this resolution has been approved, the City Clerk shall cause a certified copy of this Resolution, attested by City Clerk under seal to be recorded. The vacation shall be effective when a City designee records this Resolution in the office of the County Recorder.
Section 6. Concurrent with the recordation of this Resolution by the City Clerk, the City Manager or designee shall execute, acknowledge, and deliver a quit claim deed to the State of California for acceptance and recordation by the State substantially in the form attached as Exhibit C.
Section 7. Exhibits A, B, & C are incorporated into and made part of this resolution.
Table of Contents:
Exhibit A - Legal Description of Area to be Vacated/Public Service Easement Reservation
Exhibit B - Plat/Map of Area to be Vacated/Public Service Easement Reservation Exhibit C – Quitclaim Deed and Certificate of Acceptance (form of document)
EXHIBIT C
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EXHIBIT C
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EXHIBIT C
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EXHIBIT C
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EXHIBIT C
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