City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-00077 3/7/2023 Public Hearing Item 27.
Vacation of a Portion of the Public Roadway and Utility Easement, L Street and N Street, Vacation Proceeding No. VAC22-0007 [Noticed 02/17/2023 & 02/27/2023] File ID: 2023-00077
Location: District 4, Represented by Councilmember Valenzuela Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution vacating the two portions of the public roadway and utility easement along L Street and N Street adjacent to Capitol Park.
Contact: Thomas Adams, Project Manager, (916) 808-7929, [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-1 - Legal Description of Area to be Vacated 4-Exhibit A-2 - Legal Description of Area to be Vacated 5-Exhibit B-1 - Plat/Map of Area to be Vacated
6-Exhibit B-2 - Plat/Map of Area to be Vacated
7-Exhibit C - Quitclaim Deed and Certificate of Acceptance (form of document) Additional Description/Analysis
Issue Detail: The California Joint Committee on Rules' New Capitol Annex Building (NCAB) project includes an on-site ingress and egress underground parking garage with ramp access along the southern segment of L Street and northern segment of N Street between 11 th Street and 13th Street
File ID: 2023-00077 3/7/2023 Public Hearing Item 27.
adjacent to Capitol Park. The project requires the vacation of the public roadway and utility easement which includes portions of the parking lane along the southern portion of L Street and the northern portion of N Street that are included in the NCAB parking garage design. The City requires an executed easement or maintenance agreement for all services maintained by the City within the vacated area. In addition, existing utility services within the area being vacated will require relocation and may require new easement grants from the State. The State of California is requesting that the City execute a quitclaim deed in favor of the State 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 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 public right of way project along N and L Streets adjacent to Capitol Park and determined that it is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15305, Minor Alteration in Land Use Limitation. The project site has an average slope of less than 20%, and the action does 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 request will allow the State of California the ability to construct the ingress and egress access ramps for the below grade (underground) parking garage for the New Capitol Annex Building project. The portions of the public roadway and utility easement along L and N Streets are shown on the Official Map of the City of Sacramento filed in Book 3 of Maps at Page 27, Official Records of Sacramento County. Clearance has been given by affected City agencies and utility companies supporting the vacation of these portions of the public roadway and utility easements along L and N Streets 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 estimate cost to complete this vacation is approximately $5,000.
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. 2023-
Adopted by the Sacramento City Council
March 7, 2023
Vacation of a Portion of the Public Roadway and Utility Easement, L Street and N Street, Vacation Proceeding No. VAC22-0007 [Noticed 02/21/2023]
BACKGROUND
A. The California Joint Committee on Rules has requested vacation of a portion of the public roadway and utility easement along the southern portion of L Street and the northern portion of N Street between 11th Street and 13th Street and adjacent to Capitol Park in the downtown area of Sacramento for development purposes.
B. Vacation of the public roadway and utility easement along the areas of L Street and N Street will provide the State with possession and use of the area being vacated to construct the ingress and egress access ramps to and from the below grade (underground) parking garage for the New Capitol Annex Building construction project.
C. The applicant will be responsible for all New Capitol Annex Building project utility service relocations and securing all required new easements and maintenance agreements with the City and utility agencies affected by this vacation request.
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 portions of the public roadway and utility easement located between 11th and 13th Streets along the southern portion of L Street and the northern portion N Street adjacent to Capitol Park in downtown Sacramento within Council District 4, more specifically described in Exhibits A-1, A-2 and B-1, B-2 of this Resolution is vacated subject to the conditions detailed below in section 3.
Section 2. The vacation of the public roadway and utility easement more specifically described in Exhibits A-1, A-2 and B-1, B-2, 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 vacation is subject to the following conditions:
a. The applicant is required to relocate all public utilities located within the area being vacated.
b. The applicant will be required to provide new easements for any utility services affected by this vacation and relocated to the applicant’s property.
c. The applicant shall enter into an easement or maintenance agreement with the City for any features or property within the area being vacated that will be maintained by the City.
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 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. Concurrent with the recordation of this Resolution by the City Clerk, the City Manager or designee shall execute, acknowledge, and deliver a quitclaim 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-1, A-2, B-1, B-2 & C are incorporated into and made part of this resolution.
Table of Contents:
Exhibit A-1 - Legal Description of Area to be Vacated
Exhibit A-2 - Legal Description of Area to be Vacated
Exhibit B-1 - Plat/Map of Area to be Vacated
Exhibit B-2 - Plat/Map of Area to be Vacated
Exhibit C – Quitclaim Deed and Certificate of Acceptance (form of document) EXHIBIT “A-1”
LEGAL DESCRIPTION
VACATION OF PUBLIC ROAD EASEMENT
“N” STREET
THE LA
ND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SACRAMENTO, CITY OF SACRAMENTO, DESCRIBED AS FOLLOWS:
A PO
RTION OF “N” STREET AS SHOWN ON THE OFFICIAL MAP OF THE CITY OF SACRAMENTO FILED IN BOOK 3 OF MAPS, PAGE 27, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COM
MENCING AT THE NORTHEAST CORNER OF “N” STREET AND TENTH STREET, THENCE ALONG THE NORTH LINE OF “N” STREET, SOUTH 71°31’41” EAST 404.66 FEET TO THE POINT OF BEGINNING;
THEN
CE CONTINUING ALONG THE NORTH LINE OF “N” STREET, SOUTH 71°31’41” EAST 801.24 FEET;
THE
NCE LEAVING SAID NORTH LINE OF “N” STREET, SOUTH 18°28’19” WEST 22.00 FEET; THE
NCE ALONG A LINE PARALLEL AND 22.00 FEET SOUTH OF THE NORTH LINE “N” STREET, NORTH 71°31’41” WEST 801.24 FEET;
THEN
CE NORTH 18°28’19” EAST 22.00 FEET TO THE POINT OF BEGINNING.
CON
TAINING 17,627 SQ. FT. OR 0.40 ACRES, MORE OR LESS.
EXHIBIT “A-2”
LEGAL DESCRIPTION
VACATION OF PUBLIC ROAD EASEMENT
“L” STREET
THE L
AND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SACRAMENTO, CITY OF SACRAMENTO, DESCRIBED AS FOLLOWS:
A P
ORTION OF “L” STREET AS SHOWN ON THE OFFICIAL MAP OF THE CITY OF SACRAMENTO FILED IN BOOK 3 OF MAPS, PAGE 27, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CO
MMENCING AT THE SOUTHEAST CORNER OF “L” STREET AND TENTH STREET, THENCE ALONG THE SOUTH LINE OF “L” STREET, SOUTH 71°32’11” EAST 403.68 FEET TO THE POINT OF BEGINNING;
THE
NCE CONTINUING ALONG THE SOUTH LINE OF “L” STREET, SOUTH 71°32’11” EAST 802.07 FEET;
TH
ENCE LEAVING SAID SOUTH LINE OF “L” STREET, NORTH 18°27’49” EAST 22.00 FEET; TH
ENCE ALONG A LINE PARALLEL AND 22.00 FEET NORTH OF THE SOUTH LINE “L” STREET, NORTH 71°32’11” WEST 802.07 FEET;
THE
NCE SOUTH 18°27’49” WEST 22.00 FEET TO THE POINT OF BEGINNING.
CO
NTAINING 17,645 SQ. FT. OR 0.41 ACRES, MORE OR LESS.
RECORDING 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 27383 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.:
California State Legislature, Joint
Committee on Rules
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 those portions of the real property situated in the State of California, County of Sacramento, as more particularly described in the attached Exhibit “A-1” as depicted on Exhibit “B-1” and described in Exhibit “A-2” as depicted on Exhibit “B-2”, consisting of one (1) page each, respectively, and by this reference made a part hereof.
DATE:
CITY OF SACRAMENTO
A CALIFORNIA MUNICIPAL CORPORATION
BY:
NAME:
T
ITLE:
EXHIBIT “A-1”
LEGAL DESCRIPTION
VACATION OF PUBLIC ROAD EASEMENT
“N” STREET
THE LA
ND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SACRAMENTO, CITY OF SACRAMENTO, DESCRIBED AS FOLLOWS:
A PO
RTION OF “N” STREET AS SHOWN ON THE OFFICIAL MAP OF THE CITY OF SACRAMENTO FILED IN BOOK 3 OF MAPS, PAGE 27, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COM
MENCING AT THE NORTHEAST CORNER OF “N” STREET AND TENTH STREET, THENCE ALONG THE NORTH LINE OF “N” STREET, SOUTH 71°31’41” EAST 404.66 FEET TO THE POINT OF BEGINNING;
THEN
CE CONTINUING ALONG THE NORTH LINE OF “N” STREET, SOUTH 71°31’41” EAST 801.24 FEET;
THE
NCE LEAVING SAID NORTH LINE OF “N” STREET, SOUTH 18°28’19” WEST 22.00 FEET; THE
NCE ALONG A LINE PARALLEL AND 22.00 FEET SOUTH OF THE NORTH LINE “N” STREET, NORTH 71°31’41” WEST 801.24 FEET;
THEN
CE NORTH 18°28’19” EAST 22.00 FEET TO THE POINT OF BEGINNING.
CON
TAINING 17,627 SQ. FT. OR 0.40 ACRES, MORE OR LESS.
EXHIBIT “A-2”
LEGAL DESCRIPTION
VACATION OF PUBLIC ROAD EASEMENT
“L” STREET
THE L
AND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SACRAMENTO, CITY OF SACRAMENTO, DESCRIBED AS FOLLOWS:
A P
ORTION OF “L” STREET AS SHOWN ON THE OFFICIAL MAP OF THE CITY OF SACRAMENTO FILED IN BOOK 3 OF MAPS, PAGE 27, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CO
MMENCING AT THE SOUTHEAST CORNER OF “L” STREET AND TENTH STREET, THENCE ALONG THE SOUTH LINE OF “L” STREET, SOUTH 71°32’11” EAST 403.68 FEET TO THE POINT OF BEGINNING;
THE
NCE CONTINUING ALONG THE SOUTH LINE OF “L” STREET, SOUTH 71°32’11” EAST 802.07 FEET;
TH
ENCE LEAVING SAID SOUTH LINE OF “L” STREET, NORTH 18°27’49” EAST 22.00 FEET; TH
ENCE ALONG A LINE PARALLEL AND 22.00 FEET NORTH OF THE SOUTH LINE “L” STREET, NORTH 71°32’11” WEST 802.07 FEET;
THE
NCE SOUTH 18°27’49” WEST 22.00 FEET TO THE POINT OF BEGINNING.
CO
NTAINING 17,645 SQ. FT. OR 0.41 ACRES, MORE OR LESS.
CERTIFICATE OF ACCEPTANCE
This is to certify that, pursuant to Sections 11005 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 of California and the State consents to the recordation thereof by its duly authorized officer.
ACCEPTED:
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
ANA M. LASSO, DIRECTOR
By: _____________________________________ Date: _______________________
MICHAEL BUTLER, C
HIEF
REAL PROPERTY SERVICES SECTION