City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-01683 10/11/2022 Public Hearing Item 22.
Vacation of a Portion of a 50-Foot-Wide and 6-Foot-Wide Public Utility Easement South of Broadway at Land Park Drive, Proceeding No. VAC22-0005 [Noticed 09/26/2022 & 10/03/2022] File ID: 2022-01683
Location: Between the southeast corner of Broadway, Land Park Drive and Burnett Way and 16th Street, District 7
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution vacating a portion of a 50-foot-wide public utility easement and a 6-foot-wide public utility easement.
Contact: Thomas Adams, Project Manager, (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: Thomas Adams, Project Manager, (916) 808-7929, [email protected], Department of Public Works
Attachments:
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
Description/Analysis
Issue Detail: This public utility easement vacation request is made to facilitate a proposed five-story, 60,000 plus square foot mixed use development located at the southeast corner of Broadway and Land Park Drive. The development will include 53 dwelling units along with over 14,205 square feet of commercial space on the roughly one-acre site. The project is referenced under City Planning number IR20-345. No City utilities are located within the two public utility easements detailed for vacation in this staff report. The proposed vacation is conditioned on the relocation of AT&T facilities currently located within the 50-foot easement prior to recording of the attached Resolution in this staff report once approved by the City Council.
City of Sacramento Page 1 of 2
File ID: 2022-01683 10/11/2022 Public Hearing Item 22.
Policy Considerations: The 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): The Community Development Department, Environmental Planning Services Division has reviewed this vacation/abandonment of the public highway easements and determined that this is exempt from the provisions of CEQA Section 15305, as a 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 applicant is requesting that a portion of the 50-foot-wide public utility easement that was reserved over the previously abandoned 16 th Street and the 6-foot-
wide public utility easement, be vacated to help facilitate the proposed 60,000 plus square foot mixed -use development located on the southeast corner of Broadway and Land Park Drive. The development will provide 53 dwelling units and provide over 14,205 square feet of commercial space for restaurants. The public utility easements for both locations are unnecessary for present or prospective public use and will help facilitate the proposed development that will provide additional housing and amenities to the Sacramento community.
Approval of this vacation request is consistent with the 2035 General Plan land use designation and the permissible densities and intensities of use for the project site. City staff, along with various agencies, support the vacation request.
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.
City of Sacramento Page 2 of 2
RESOLUTION NO. 2022-
Adopted by the Sacramento City Council
October 11, 2022
Vacation of a portion of a 50-Foot-Wide and 6-Foot-Wide Public Utility Easement South of Broadway at Land Park Drive, Proceeding No. VAC22-0005
BACKGROUND
A. 16LPB, LLC has requested the vacation of a portion of the 50-foot-wide public utility easement along with a 6-foot-wide public utility easement, located on the southeast corner of Broadway and Land Park Drive. Said 50-foot-wide public utility easement was reserved per the abandoned portion of 16 Street as recorded in book 761206, page 69, Sacramento County Official Records.
B. The vacation request of both public utility easements is to help facilitate a proposed 60,000 square feet mixed-use development that provide 53 dwelling units per planning document IR20-345.
C. The applicant will be responsible for any existing utilities affected by this vacation request and will be responsible for relocation.
D. 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 portion of the 50-foot-wide and 6-foot-wide public utility easements, more specifically described in Exhibits A and B of this Resolution, are unnecessary for present or prospective public use and are vacated subject to the conditions specified in Section 3 below.
Section 2. The 50-foot-wide and 6-foot-wide public utility easements for public utilities, more specifically described in Exhibits A and B, is made pursuant to the State of California Streets and Highways Code, Division 9, Part 3, Chapters 1-3, Sections 8300-8325.
Section 3. The vacation is subject to the following condition:
a. The applicant shall dedicate an easement to AT&T, record the easement, and relocate existing AT&T facilities all to the satisfaction of AT&T.
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. The condition specified in Section 3 of this Resolution must be completed within two years of the date of this Resolution or said Resolution shall become void unless the City Council grants discretionary time extensions. Once the conditions listed in Section 3 of this Resolution have been satisfied, 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. Exhibits A and B 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 “A”
LEGAL DESCRIPTION
THE VACATION OF PUBLIC UTILITY EASEMENTS
PAGE 1 OF 3
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF SACRAMENTO,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA, BEING A PORTION OF THOSE PUBLIC UTILITY EASEMENTS (P.U.E.), DEDICATED ON THAT CERTAIN MAP ENTITLED “PLAT OF J.C. CARLY CO. HOMELAND” FILED FOR RECORD ON FEBRUARY 09, 1924 IN BOOK 17 OF MAPS AT PAGE 37, SACRAMENTO COUNTY
RECORDS, AND A PORTION OF THAT PUBLIC UTILITY EASEMENT RESERVED IN THE ABANDONING AND VACATING OF 16
TH STREET IN ORDINACE NO. 3678
RECORDED DECEMBER 06, 1976 IN BOOK 761206 AT PAGE 695, OFFICIAL
RECORDS OF SACRAMENTO COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AREA 1 – VACATION OF A PORTION OF P.U.E.:
BEING A PORTION OF THAT PUBLIC UTILITY EASEMENT RESERVED IN THE ABANDONING AND VACATING OF 16
TH STREET IN ORDINACE NO. 3678
RECORDED DECEMBER 06, 1976 IN BOOK 761206 AT PAGE 695, OFFICIAL
RECORDS OF SACRAMENTO COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 370;
THENCE ALONG THE WESTERLY LINE OF SAID LOT 359, THE FOLLOWING TWO (2) COURSES AND DISTANCES:
1. SOUTH 07°50’40" EAST, 19.82 FEET;
2. ALONG A TANGENT CURVE TO THE RI GHT HAVING A RADIUS OF 230.54 FEET, THROUGH A CENTRAL ANGLE OF 02°38'47" FOR AN ARC DISTANCE OF 10.65 FEET ;
THENCE LEAVING SAID WESTERLY LINE, SOUTH 84°48’07" WEST, 50.00 FEET TO A POINT ON THE NORTHEASTERLY LINE OF LOT 371 AS SHOWN ON SAID MAP;
THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 371, THE FOLLOWING FOUR (4) COURSES AND DISTANCES:
1. ALONG A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 180.54 FEET, AND TO WHICH POINT A RADIAL LINE BEARS
SOUTH 84°48’07" WEST, THROUGH A CENTRAL ANGLE OF 02°38'47" FOR AN ARC DISTANCE OF 8.34 FEET ;
2. NORTH 07°50’40" WEST, 84.14 FEET ;
EXHIBIT “A”
LEGAL DESCRIPTION
THE VACATION OF PUBLIC UTILITY EASEMENTS
PAGE 2 OF 3
3. ALONG A TANGENT CURVE TO TH E LEFT HAVING A RADIUS OF
18.97 FEET, THROUGH A CENTRAL ANGLE OF 121°39'20" FOR AN ARC DISTANCE OF 40.28 FEET;
4. SOUTH 50°30'00" WEST, 15.72 FEET TO A POINT ON THE EASTERLY LINE OF A FIVE FOOT (5.00’) PUBLIC UTILITY EASEMENT AS SHOWN ON SAID MAP ;
THENCE ALONG THE NORTHERLY PROLONGATION OF SAID EASTERLY EASEMENT LINE, NORTH 19°37'00" EAST, 21.29 FEET TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF LAKEPARK DRIVE (80 FEET WIDE) ;
THENCE ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE,
NORTH 64°26’00" EAST, 74.34 FEET ;
THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF
15.00 FEET, THROUGH A CENTRAL ANGLE OF 45°00'00" FOR AN ARC DISTANCE OF 11.78 FEET ;
THENCE ALONG THE SOUTHERLY LINE OF BROADWAY (80 FEET WIDE), SOUTH 70°34'00" EAST, 26.63 FEET TO A POINT OF CUSP ;
THENCE ALONG THE WESTERLY LINE OF SAID LOT 370, THE FOLLOWING THREE COURSES AND DISTANCES:
1. ALONG A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF
15.00 FEET, AND TO WHICH POINT A RADIAL LINE BEARS
SOUTH 19°26’00" WEST, THROUGH A CENTRAL ANGLE OF 109°24'43" FOR AN ARC DISTANCE OF 28.64 FEET TO A POINT OF COMPOUND
CURVATURE ;
2. ALONG A TANGENT CURVE TO TH E LEFT HAVING A RADIUS OF 180.54 FEET, THROUGH A CENTRAL ANGLE OF 07°51'57" FOR AN ARC DISTANCE OF 24.79 FEET;
3. SOUTH 07°50’40" EAST, 64.59 FEET TO THE POINT OF BEGINNING.
CONTAINING 7,696 SQUARE FEET, MORE OR LESS
AREA 2 – VACATION OF A PORTION OF 6.00’ P.U.E
BEING A PORTION OF THAT CERTAIN P.U.E. LYING WITHIN LOTS 359 THRU 360 AND LOTS 368 THRU 370 AS SHOWN ON SAID MAP, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: