C
ity Council Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-00962 May 31, 2022
T
itle: Vacation of 12th Street Between L Street and N Street to Support New Capitol Annex Building Vacation Proceeding No. VAC20-0007 [Noticed 5/16/2022 & 5/23/2022]
Locat
ion: District 4
R
ecommendation: Conduct a public hearing and upon conclusion, adopt a Resolution vacating the 80-foot-wide public right of way known as 12th Street between L Street and N Street.
C
ontact: 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.
P
resenter: 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
4-Exhibit B - Plat/Map of Area to be Vacated
5-Exhibit C - Quitclaim Deed and Certificate of Acceptance (form of document)
Description/Analysis
Issue Detail: The California Joint Committee on Rules, is requesting the vacation of 12th Street between L Street and N Street to accommodate the New Capitol Annex Building (NCAB). The applicant is proposing a portion of the area to be vacated be incorporated into the project site. There are no known public utility facilities within the area proposed for vacation. The State of California is requesting that the City of Sacramento execute a quitclaim once the Resolution is recorded.
Policy Considerations: The City Council action recommended in this report is consistent with the Sacramento 2035 General Plan and in compliance with the California Streets and Highways Code, Sections 8300-8325.
Economic Impacts: None.
Environmental Considerations:
California Environmental Quality Act (CEQA): Consistent with the California Environmental Quality Act (CEQA), on July 30
th, 2021, the State of California,
Department of General Services (the State), as the lead agency, certified an environmental impact report (EIR) for the Capitol Annex Project. The Capitol Annex Project consists of the demolition and reconstruction of the existing Capitol Annex, construction of a new underground visitor welcome center, and construction of a new underground parking garage. The City was listed as a responsible agency for this project. Consistent with Public Resources Code section 21002.1(d), the Community Development Department, Environmental Planning Services Division (EPS), has reviewed and considered the Capitol Annex Project EIR with respect to the project currently before the City: the proposed vacation of 12 th Street between L Street and N
street. EPS has concluded none of the circumstances set forth in CEQA Guidelines sections 15162 or 15163 exist and the preparation of a subsequent or supplemental EIR is unnecessary. (See CEQA Guidelines section 15096(f).) Further, as the State has “required” the City to vacate 12th Street and all other “streets and alleys running through [Capitol Park],” the decision to vacate 12th Street is a ministerial decision and therefore exempt from CEQA. (Cal. Stats. 1871-1872, chptr. 600, pp. 887-889; Pub. Res. Code section 21080(b)(1).)
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 move forward with the New Capitol Annex Building (NCAB) project which consists of the restoration, rehabilitation, and reconstruction of the State Capitol Annex. Clearance has been given by affected City agencies and utility companies supporting the vacation of this public right of way and staff finds that this request for vacation is in conformance with the Streets and Highways Code (S&HC) Section 8300-8325.
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
May 31, 2022
The Vacation of 12th Street Between L Street and N Street Vacation Proceeding No. VAC20-0007
BACKGROUND
A. The California Joint Committee on Rules has requested vacation of the public right-of-way known as 12th Street between L Street and N Street in downtown Sacramento for restoration, rehabilitation, and reconstruction of the State Capitol Annex.
B. 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 12th Street located 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.
Section 2. The vacation of the public right of way 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 3. 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 4. 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 5. 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 6. 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
Exhibit B - Plat/Map of Area to be Vacated
Exhibit C – Quitclaim Deed and Certificate of Acceptance (form of document)
REC
ORDING REQUESTED BY:
CALIFORNIA DEPARTMENT OF GENERAL SERVICES
WHEN
RECORDED MAIL TO:
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
ATTN: RPSS TRANSACTION REVIEW
707 THIRD STREET, 5TH FLOOR
WEST SACRAMENTO, CA 95605
OFFICIAL STATE BUSINESS – EXEMPT FROM RECORDING FEES
PURSUANT TO GOVERNMENT CODE SECTION 6103 AND DOCUMENTARY TRANSFER TAX PURSUANT TO REVENUE AND TAXATION CODE SECTION 11922
SPACE ABOVE THIS LINE FOR RECORDER'S USE
QUITCLAIM DEED
AGENCY:
PROJECT:
FILE:
PROJECT NO.:
Department of General Services
Capitol Annex
AS18014
4483
Sacramento County APN (portion): 006-0162-001
The CITY OF SACRAMENTO, a California municipal corporation, pursuant to Sacramento City Council Resolution Number does hereby REMISE, RELEASE AND QUITCLAIM to the STATE OF CALIFORNIA, its successors and assigns, any and all of its right, title, interest, and claim in and to that portion of the real property situated in the State of California, County of Sacramento, as described in the attached Exhibit “A”, consisting of one (1) page, by this reference made a part hereof, and shown in the attached Exhibit “B”, consisting of one (1) page.
DATE:
CITY OF SACRAMENTO
A CALIFORNIA MUNICIPAL CORPORATION
BY:
NAME:
TITLE:
EXHIBIT C
1 OF 4
EXHIBIT "A"
LEGAL DESCRIPTION
VACATION OF PUBLIC ROAD EASEMENT
THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SACRAMENTO, CITY OF SACRAMENTO, DESCRIBED AS FOLLOWS:
TWELFTH STREET AS SHOWN ON THE OFFICIAL MAP OF THE CITY OF SACRAMENTO FILED IN BOOK 3 OF MAPS, PAGE 27, BOUNDED BY THE SOUTH LINE OF LS TREET AND THE NORTH LINE OF N STREET, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF L STREET AND TWELFTH STREET, THENCE ALONG THE SOUTH LINE OF L STREET, SOUTH 71 °32'11" EAST 80.00 FEET TO A POINT ON THE EAST LINE OF TWELFTH STREET;
THENCE ALONG THE EAST LINE OF TWELFTH STREET, SOUTH 18°24'05" WEST 781.56 FEET TO A POINT ON THE NORTH LINE OF N STREET;
THENCE ALONG THE NORTH LINE OF N STREET, NORTH 71°31'41" WEST 80.00 FEET TO A POINT ON THE WEST LINE OF TWELFTH STREET:
THENCE ALONG THE WEST LINE OF TWELFTH STREET N 18°24'05" EAST 781.55 FEET TO THE POINT OF BEGINNING.
CONTAINING 1.435 ACRES, MORE OR LESS.
EXHIBIT C
2 OF 4
......._ -..
APN:
006-0162-001-0000
(PORTION)
STATE OF
CALIFORNIA
1255 StaJboard Dri�;91West Sacramento, CA
916-372-8124
916-372-8538 fax
STATE OF
CALIFORNIA
EXHIBIT "B" .
. Accompany Descnpt,on Plat to
12th Street
California City of Sacramento,
EXHIBIT C
3 OF 4
CERTIFICATE OF ACCEPTANCE
Thi
s is to certify that, pursuant to Sections 15853 and 27281 of the California Government Code, the interest in real property conveyed by the Quitclaim Deed dated ________________ from the CITY OF SACRAMENTO, a California municipal corporation, to the STATE OF CALIFORNIA, is hereby accepted by the undersigned officer on behalf of the State Public Works Board pursuant to the approval action by said Board and duly adopted on ________________. The Transferee consents to the recordation thereof by its duly authorized officer.
ACCEP
TED:
ST
ATE OF CALIFORNIA
STATE PUBLIC WORKS BOARD
By:
_____________________________________ Date: _______________________ ______________________, DEPUTY DIRECTOR
ACKNO
WLEDGED:
ST
ATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
____________________, DIRECTOR
By:
_____________________________________ Date: _______________________ _____________________, CHIEF
REAL PROPERTY SERVICES SECTION
EXHIBIT C
4 OF 4