City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-01784 11/15/2022 Public Hearing Item 31.
Vacation of a Portion of 4th Avenue Public Right of Way and Utility Easement, Proceeding No.
VAC22-0009 (Noticed 10/31/2022 & 11/07/2022)
File ID: 2022-01784
Location: Located between 5th Street and Interstate 5, District 7 Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution vacating a portion of the public right of way and utility easement of the unimproved area of 4th Avenue located between 5th Street and Interstate 5.
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) 808-5054, [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 action is requesting the vacation of a portion of the unimproved public road and utility easement for 4th Avenue located between 5th Street and Interstate 5. This easement was dedicated to the City of Sacramento and accepted for purposes of right of way for public road and public utilities as record 19720526 OR 252 with the Sacramento County Recorder’s Office. This easement is just under one-half acre and is unimproved. It is covered with overgrown vegetation consisting of dry grass, bushes, and trees. The City has no future plans to develop said easement to city roadway standards which consists of asphalt roadway, curb, gutter, and sidewalk. An adjacent portion of the unimproved 4
th Avenue public road easement is not part of this vacation request th th
File ID: 2022-01784 11/15/2022 Public Hearing Item 31.
because it is utilized to provide access to existing residences at 500 4th Avenue and 420 4th Avenue.
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 easement and determined that it is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15305 of the CEQA Guidelines, as a Minor Alteration in Land Use Limitation. The abandonment is a minor alteration in land use limitations with an average slope of less than 20%, which does not result in any changes in land use or density.
Sustainability: Not applicable.
Commission/Committee Action: None.
Rationale for Recommendation: The undeveloped portion of the public road and utility easement known as 4
th Avenue located between of 5th Street and Interstate 5 as identified in Exhibit A and shown on Exhibit B attached to the proposed resolution is unnecessary for present or prospective use. The City does not have present or future plans to develop this portion of the 4th Avenue public road easement. The vacation will eliminate all future City maintenance obligations related to refuse clean up and maintenance of overgrown vegetation as well as reduce any potential City liability as there will no longer be a public easement encumbering the property.
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 estimated cost to complete this work is approximately $5,000.
Sufficient funding exists in the Department of Public Works Fiscal Year (FY) 2022/23 operating budget (General Fund- Fund 1001) to process this application.
Local Business Enterprise (LBE): Not applicable.
RESOLUTION NO. 2022-
Adopted by the Sacramento City Council
November 15, 2022
Vacation of a Portion of 4th Avenue Public Right of Way and Utility Easement, Proceeding No.
VAC22-0009 [Noticed **/**/2022]
BACKGROUND
A. The City of Sacramento Department of Public Works has requested the vacation of a portion of the 4th Avenue public road and utility easement, located between 5th Street and the north bound lanes of Interstate 5. Said public road and utility easement was dedicated and accepted by grant deed as recorded in book 19720526, page 252, Sacramento County Official Records.
B. The vacation request will relieve the City of Sacramento’s Department of Public Works of any maintenance costs, as all future maintenance will become the responsibility of the vested underlying property owner.
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 road and utility easement, 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 road and utility easement, 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 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. Exhibits A and B are incorporated into and made part of this resolution.
Section 5. The vacation is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15305 of the CEQA Guidelines, as a Minor Alteration in Land Use Limitation.
Table of Contents:
Exhibit A - Legal Description of Area to be Vacated
Exhibit B - Plat/Map of Area to be Vacated
EXHIBITA
LEGAL DESCRIPTION
VACAnON OF ROAD EASEMENT
PORTION OF 4" AVENUE PER
19720526 0.R. 252
PAGE 1 0F 2
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF SACRAMENTO, COUNTY OF SACRAMENTO, ST ATE OF CALtFORNIA DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF THE LAND GRANTED TO THE CITY OF SACRAMENTO, A MUNICIPAL
CORPORATION, FOR THE PURPOSES OF RIGHT-OF-WAY FOR THE PUBLIC ROAD AND PUBLIC UTILITIES DESCRIBED IN THAT CERTAIN GRANT DEED RECORDED IN BOOK 19720526 0F OFFICIAL RECORDS, PAGE 252 FILED IN THE OFFICE OF THE RECORDER OF SACRAMENTO
COUNTY, ALSO BEING A PORTION OF THAT DESIGNATED REMAINDER LOT, AS SAID LOT IS SHOWN AND DESIGNATED ON THE FINAL MAP OF "SWANSTON OAK SUBDMSION", FILED IN BOOK 434 0F MAPS, MAP N0. 6, ON DECEMBER 17m, 2021 IN THE OFFICE OF THE RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 7 0F SAID FINAL MAP; THENCE ALONG THE NORTHERLY LINE DESCRIBED IN SAID GRANT DEED, SOUTH 83o 52' 23" EAST, 176.86 FEETTO THE BEGINNING OF A CURVE; THENCE ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 454.00 FEET, SUBTENDED BY A CHORD WHICH BEARS SOUTH 80o 22' 48" EAST, 55.32 FEET TO A POINT ON SAID NORTHERLY LINE; THENCE INTO SAID LAND GRANTED TO THE CITY OF SACRAMENTO IN SAID GRANT DEED, SOUTH llo 27' 13" WEST, 41.87 FEET; THENCE SOUTH 64o 28' 04" WEST, 38.01 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID GRANT DEED; THENCE ALONG SAID SOUTHERLY LINE, NORTH 83o 52' 23" WEST, 190.66 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 7 0F SAID FINAL MAP; THENCE ALONG SAID EASTERLY LINE NORTH Olo 34' 14" EAST, 65.21 FEET TO THE POINT OF BEGINNING.
CONT AINING 14,374.42 SQUARE FEET OR O.330 ACRES.
THE BASIS OF BEARING FOR THIS DESCRIPTION IS IDENTICAL TO THAT OF THE NORTHERLY BOUNDARY LINE OF "SWANSTON OAK SUBDMSION", AS SAID LINE IS SHOWN AND DESIGNATED ON THE FINAL MAP OF "SWANSTON OAK SUBDMSION", FILED IN BOOK 434 0F MAPS, MAP N0. 6, ON DECEMBER 17", 2021 IN THE OFFICE OF THE RECORDER OF SACRAMENTO COUNTY. SAID BEARING BEING NORTH 83o 52' 23" WEST.
EXHIBITA
LEGAL DESCRIPTION
VACATION OF ROAD EASEMENT
PORTION OF 4"' AVENUE PER
19720526 0.R. 252
PAGE 2 0F 2
SEE EXHtBlT B, PLAT TO ACCOMPANY DESCRIPTION, ATT ACHED HERETO AND MADE A PART HEREOF.
END OF LEGAL DESCRIPTION
THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN ACCORDANCE WITH SECTION 8761 0F THE PROFESSIONAL LAND SURVEYOR'S ACT.
L.S. 9326 EXP. 03/31/2023
/0-iS- 102-?,
DATE
IAND
& t)AVID
9326
RADIUS = 454.00'
P.O.B. CHD:55.32' 3'l3'(')
N
LOT 8 AREA OF ROAD EASEMENT BEING - - - - -
434 BM 06 I LOTX7 VACATED PORTION OF 4TH AVENUE PER 54'lo' (RI) !434BMO6 197205260.R.252; I,1 H@7p,q-pV
43; BM 06 , , 4 I - S 74o 57' 04" E
LOT s I
LOT4 I LINETABL,E
',C! 434BMO6 I LINE BEARING DISTANCE
I LEGEND:CHORD CHORD
'A. JAMES 434 BM o6 GRANT DEED 19720526 0.R. 252 I y,s I EXHIBITB
LOT 1 i168 BM 21 I168 BM 21 168 BM 21 i p
I PORTION OF 19720526 0.R. 252
REFERENCES: CITYOFSACRAMENTO
(Rl)GRANTDEEDBOOK197205260FOFFICIAL SWANSTON DRIVE SHEET 1 0F IRECORDS. PAGE 252