City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-00075 3/7/2023 Public Hearing Item 26.
Vacation of a Public Roadway Easement, Portion of 39th Street, Proceeding No. VAC22-0012 [Noticed 02/17/2023 & 02/27/2023]
File ID: 2023-00075
Location: 39th Street south of Sherman Way, District 5, Represented by Councilmember Maple.
Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution vacating the public roadway easement and reserving a public service easement that includes the unimproved portion of 39th Street south of Sherman Way.
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 Legal Description of Area to Be Vacated
4-Exhibit B Plat/Map of Area to Be Vacated
5-Exhibit C Legal Description of Public Service Easement Reservation 6-Exhibit D Plat/Map of Public Service Easement Being Reserved Additional Description/Analysis
Issue Detail: This vacation request for the 42-foot-wide public roadway easement of the unimproved portion of 39
th Street is located between Sherman Way and Y Street. This public roadway easement is currently being used as driveway aisle for the adjacent properties located at 3848 and 3900 Sherman Way. Private vehicular access to both properties will remain once the roadway easement has been vacated. This request is being made to help facilitate private road access to a proposed new four lot residential development. The proposed development is under review and is referenced
File ID: 2023-00075 3/7/2023 Public Hearing Item 26.
under City Planning application Z22-018. The City has no plan to develop this dead end portion of 39 th Street to meet city roadway standards (e.g., asphalt roadway, curb, gutter and sidewalk). The City’s Department of Utilities along with other utility agencies have conditioned this request to reserve a 20-foot-wide public service easement within the area being vacated for the purposes of protecting the access and maintenance of existing utility facilities.
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 the California Environmental Quality Act (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 does not result in any changes in land use or density.
Sustainability: Not applicable.
Commission/Committee Action: None.
Rationale for Recommendation: The applicant is requesting the vacation of the 42-foot-wide public roadway easement identified as 39
th Street for the purpose of private access to a proposed small four lot residential development. This portion of 39 th Street was dedicated as a public highway easement for purposes of a public street in the map titled “Plat of Wright and Kimbrough Tract NO 30” filed in Book 14 at Page 42, Official Records of Sacramento County. This portion of the 39 th Street covers an area of roughly 5300 square feet and functions as a dead-end street publicly accessible from Sherman Way. A proposed four lot residential project located south of this area requested for vacation will utilize the area as a private driveway aisle for access to the residential project and the adjacent properties at 3848 and 3900 Sherman Way once this vacation request has been approved.
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 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.
File ID: 2023-00075 3/7/2023 Public Hearing Item 26.
Local Business Enterprise (LBE): Not applicable.
RESOLUTION NO. 2023-
Adopted by the Sacramento City Council
March 7, 2023
Vacation of a Public Roadway Easement, Portion of 39th Street, Proceeding No. VAC22-0012
BACKGROUND
A. Aspenwood Holdings LLC, has requested the vacation of the 42-foot wide public roadway easement that is identified as an unimproved portion of 39th Street, south of Sherman Way, for the purpose of a private access drive aisle for a proposed small four lot residential development. The proposed development is located southwest of the roadway easement requested for vacation. The proposed development identified as application Z22-018 with the City’s Planning Department is under review. The applicant has ownership of the two adjacent properties located at 3848 and 3900 Sherman Way and access to both properties will remain.
B. A 20-foot wide public service easement will be reserved over the area requested for vacation.
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 42-foot wide public roadway easement identified as a portion of 39th Street, more specifically described in Exhibits A and B of this Resolution, are unnecessary for present or prospective public use and is vacated subject to the reservation specified in Section 3 below.
Section 2. The vacation of the 42-foot wide public roadway easement identified as a portion of 39th Street, 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. Pursuant to Streets and Highways Code Section 8306 and 8340, the City of Sacramento reserves a 20-foot wide public service easement which is more specifically described in Exhibits C and D of this resolution, for all the 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 any public service facilities in, upon, or over and across the subject property to be vacated
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. Exhibits A, B, C, and D 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 - Legal Description of Public Service Easement Reservation Exhibit D - Plat/Map of Public Service Easement Being Reserved
EXHIBIT A
LEGAL DESCRIPTION
VACATION OF 39TH STREET
PAGE 1 OF 2
THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF SACRAMENTO, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF PUBLIC HIGHWAY EASEMENT OF WRIGHT AND KIMBROUGH TRACT NO. 30, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN THE OFFICE OF THE RECORDER OF SACRAMENTO COUNTY, CALIFORNIA, ON MAY 12, 1913, IN BOOK 14 OF MAPS, MAP NO. 22, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1526 PER SAID MAP; THENCE FROM SAID POINT OF BEGINNING, NORTH 19°14’35” EAST, 54.83 FEET;
THENCE ALONG THE ARC OF A TANGENT, 249.00 FOOT RADIUS CURVE, CONCAVE TO THE WEST, THE CHORD OF WHICH BEARS NORTH 13°11’49” EAST, 52.45 FEET;
THENCE ALONG THE ARC OF A TANGENT, 15.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHWEST, THROUGH A CENTRAL ANGLE OF 95°56’03”, THE CHORD OF WHICH BEARS NORTH 40°48’58” WEST, 22.28 FEET TO A POINT ON THE SOUTH HIGHWAY EASEMENT LINE OF SHERMAN WAY;
THENCE SOUTH 40°48’58” EAST, ALONG SAID HIGHWAY EASEMENT LINE OF SHERMAN WAY, 72.30 FEET TO A POINT OF BEGINNING OF A NON-TANGENT CURVE;
THENCE ALONG THE ARC OF A NON-TANGENT, 15.00’ RADIUS CURVE, CONCAVE TO THE SOUTHEAST, RADIAL POINT OF WHICH BEARS SOUTH 01°13’00” WEST, THROUGH A CENTRAL ANGLE OF 85°27’55”, THE CHORD OF WHICH BEARS SOUTH 48°29’02” WEST, 20.36 FEET;
THENCE ALONG THE ARC OF A TANGENT, 291.00 FOOT RADIUS CURVE, CONCAVE TO THE WEST, THE CHORD OF WHICH BEARS SOUTH 12°29’50” WEST, 68.36 FEET; THENCE SOUTH 19°14’35” WEST, 41.16 FEET TO A POINT ON THE SOUTH LINE OF SAID WRIGHT AND KIMBROUGH TRACT NO. 30;
(CONTINUED ON NEXT PAGE)
EXHIBIT A
LEGAL DESCRIPTION
VACATION OF 39TH STREET
PAGE 2 OF 2
(CONTINUED)
THENCE NORTH 88°47’00” WEST, ALONG THE SOUTH LINE OF SAID WRIGHT AND KIMBROUGH TRACT NO. 30, 44.17 FEET TO A POINT OF BEGINNING.
CONTAINING 5,297 SQUARE FEET MORE OR LESS.
THE BASIS OF BEARINGS FOR THE ABOVE DESCRPTION IS THE CENTERLINE OF
SHERMAN WAY (FORMERLY STEVENS AVENUE) AS SHOWN ON THE MAP FILED IN BOOK 14 OF MAPS, MAP NO. 22, BEING NORTH 88°47’00” WEST.
RESERVING THEREFROM ALL THAT PORTION OF ABOVE DESCRIBED PROPERTY, THE AREA DESCRIBED IN ATTACHED EXHIBIT “C” AND DEPICTED ON ATTACHED EXHIBIT “D” INCORPORATED HEREIN AND MADE A PART HEREOF.
END OF LEGAL DESCRIPTION
LOT 1526,
14 BM 22
20211130 OR 2178
LOT 1527
14 BM 22
20211201 OR 1732
LOTS 12 & 13,BLOCK A3 BM 10
20211130 OR 2116LOT 11, BLOCK A,
3 BM 10
20220414 OR 1176
LOT 10, BLOCK A,
3 BM 10
20211130 OR 2201
SHERMAN WAY
(FORMERLY STEVENS AVENUE)
PUBLIC ROAD EASEMENT PER 14 BM 22
(BASIS OF BEARINGS)
AREA TO BE
VACATED
5,297 SQ.FT±
39TH STREET
21.00'
21.00'
42.00'
45.00'
22.50'
22.50'
POINT OF BEGINNING
SE CORNER LOT 1526
14 BM 22
N19°14'35"E
54.83'
N13°11'49"E 52.45'
R=249.00'
N40°48'58"W 22.28'
R=15.00', Δ=95°56'03"
S40°48'58"E
72.30'
S48°29'02"W
20.36', R=15.00'
Δ=85°27'55"
S12°29'50"W
68.36', R=291.00'
S19°14'35"W
41.16'
N88°47'00"W
44.17'
R270.00'
℄
℄
EXHIBIT B:
VACATION OF 39TH STREET
CITY OF SACRAMENTO, CALIFORNIA
SCALE:
1"= 40'
DATE:
01-23-23
SHEET
1 OF 1
NOTES:
1. ALL DIMENSIONS AND
REFERENCES SHOWN ARE PER 14
B.M. 22 AND AS ESTABLISHED PER
FOUND MONUMENTS AND EXISTING
IMPROVEMENTS.
2. ALL DISTANCES ON CURVES ARE
CHORD MEASUREMENTS.
LEGEND:
CENTERLINE (℄)
PUBLIC ROAD EASEMENT LINE
BASIS OF BEARINGS:
BASIS OF BEARINGS IS
CENTERLINE OF SHERMAN WAY
(FORMERLY STEVENS AVENUE)
AS SHOWN ON THE MAP FILED IN
BOOK 14 OF MAPS, PAGE 22,
BEING NORTH 88°47'00" WEST.
EXHIBIT C
LEGAL DESCRIPTION
PUBLIC SERVICE EASEMENT RESERVATION OF 39TH STREET
PAGE 1 OF 1
THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF SACRAMENTO, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF PUBLIC HIGHWAY EASEMENT OF WRIGHT AND KIMBROUGH TRACT NO. 30, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN THE OFFICE OF THE RECORDER OF SACRAMENTO COUNTY, CALIFORNIA, ON MAY 12, 1913, IN BOOK 14 OF MAPS, MAP NO. 22, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID MAP FROM WHICH THE SOUTHEAST CORNER OF LOT 1526 PER SAID MAP BEARS NORTH 88°47’00” WEST ALONG SAID SOUTH LINE, 13.09 FEET;
THENCE FROM SAID POINT OF BEGINNING, NORTH 15°06’42” EAST, 123.62 FEET TO THE SOUTH LINE OF HIGHWAY EASEMENT OF SHERMAN WAY;
THENCE ALONG SAID SOUTH LINE OF HIGHWAY EASEMENT OF SHERMAN WAY SOUTH 88°47’00” EAST, 20.60 FEET;
THENCE LEAVING SAID SOUTH LINE OF HIGHWAY EASEMENT, SOUTH 15°06’42” WEST, 123.62 FEET TO SAID SOUTH LINE OF SAID MAP;
THENCE ALONG SAID SOUTH LINE OF SAID MAP NORTH 88°47’00” WEST, 20.60 FEET TO THE POINT OF BEGINNING.
CONTAINING 2,472 SQUARE FEET MORE OR LESS.
THE BASIS OF BEARINGS FOR THE ABOVE DESCRPTION IS THE CENTERLINE OF
SHERMAN WAY (FORMERLY STEVENS AVENUE) AS SHOWN ON THE MAP FILED IN BOOK 14 OF MAPS, MAP NO. 22, BEING NORTH 88°47’00” WEST.
END OF LEGAL DESCRIPTION
LOT 1526,
14 BM 22
20211130 OR 2178
LOT 1527
14 BM 22
20211201 OR 1732
LOTS 12 & 13,BLOCK A3 BM 10
20211130 OR 2116LOT 11, BLOCK A,
3 BM 10
20220414 OR 1176
LOT 10, BLOCK A,
3 BM 10
20211130 OR 2201
SHERMAN WAY
(FORMERLY STEVENS AVENUE)
PUBLIC ROAD EASEMENT PER 14 BM 22
(BASIS OF BEARINGS)
39TH STREET
SE CORNER LOT 1526
14 BM 22
℄
℄
AREA TO BE RESERVED
AS A PUBLIC SERVICE
EASEMENT
2,472 SQ.FT±
POINT OF BEGINNING
N88°47'00"W
13.09' N15°06'42"E 123.62'
20.00'
S88°47'00"E
20.60'
S15°06'42"W 123.62'
N88°47'00"W
20.60'
EXHIBIT D:
PUBLIC SERVICE EASEMENT TO BE RESERVED
39TH STREET
CITY OF SACRAMENTO, CALIFORNIA
SCALE:
1"= 40'
DATE:
01-23-23
SHEET
1 OF 1
NOTES:
1. ALL DIMENSIONS AND
REFERENCES SHOWN ARE PER 14
B.M. 22 AND AS ESTABLISHED PER
FOUND MONUMENTS AND EXISTING
IMPROVEMENTS.
LEGEND:
CENTERLINE (℄)
PUBLIC ROAD EASEMENT LINE
BASIS OF BEARINGS:
BASIS OF BEARINGS IS
CENTERLINE OF SHERMAN WAY
(FORMERLY STEVENS AVENUE)
AS SHOWN ON THE MAP FILED IN
BOOK 14 OF MAPS, PAGE 22,
BEING NORTH 88°47'00" WEST.