City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-00164 4/4/2023 Public Hearing Item 9.
Vacation of Public Utility Easements and a Public Service Easement at 1900, 1990 and 2000 3rd Street, Proceeding No. VAC21-0002 [Noticed on 3/20/2023 & 3/27/2023] File ID: 2023-00164
Location: Between the southwest corner of S Street and 3rd Street, and T Street and Interstate 5, District 4, Represented by Councilmember Valenzuela.
Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution vacating two public utility easements and one 80 foot-wide public service easement at 1900, 1990 and 2000 3rd Street.
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-1 Legal Description of Public Utility Easements Area to be Vacated 4-Exhibit B-1 Plat/Map of Public Utility Easements Area to be Vacated 5-Exhibit A-2 Legal Description of Public Service Easement Area to be Vacated 6-Exhibit B-2 Plat/Map of Public Service Easement Area to be Vacated Additional Description/Analysis
Issue Detail: This request to vacate two public utility easements and a public service easement is being made to facilitate the approved five-story, mixed use development as referenced under City Planning application P19-071, the 3S Mixed Use project located at the southwest corner of S Street and 3
rd Street. Both the public utility easements and public service easement have been superseded
File ID: 2023-00164 4/4/2023 Public Hearing Item 9.
with new public utility easements and utility service relocation. PG&E has requested a condition that the applicant to execute a transfer of ownership of the deactivated gas facilities prior to recordation of the Resolution (Attachment 2) .
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 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 the vacation of two public utility easements that were dedicated per recorded document in Book 780927 at Page 1099 of Official Records along with an 80 foot-wide public service easement that was reserved when a portion of T Street was vacated per Book 20110915 at Page 1024 of Official Records of Sacramento County. New public utility easements have been dedicated and accepted by the City to access and maintain all new and relocated public utility facilities associated with proposed mixed-use project.
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.
Local Business Enterprise (LBE): Not applicable.
RESOLUTION NO. 2023-
Adopted by the Sacramento City Council
April 4, 2023
Vacation of Two Public Utility Easements and a Public Service Easement at 1900, 1990 and 2000 3rd Street, Proceeding No. VAC21-0002
BACKGROUND
A. 2000 Third Streets Building Associates, LLC has requested the vacation of two public utility easements along with a public service easement as part of their approved 5-story mixed use development. A new public utility easement and a new easement for sewer pipes have been recorded in documents 20221110 O.R. 0924 and 20220930 O.R. 0807 respectively with the Sacramento County Recorder’s Office.
B. The vacation request of the public utility easements and public service easement will help facilitate the approved five-story mixed use development as identified in Planning application P19-071, the 3S Mixed Use project.
C. The City’s Department of Utilities and other utility agencies support 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 public utility easements and public service easement, more specifically described in Exhibits A-1, A-2 and B-1 and B-2 of this Resolution, are unnecessary for present or prospective public use and are vacated subject to the condition specified in Section 3 below.
Section 2. The vacation of the two public utility easements and public service easement, more specifically described in Exhibits A-1, A-2 and B-1 and B-2, is made pursuant to the State of California Streets and Highways Code, Division 9, Part 3, Chapter 1-3, Sections 8300-8325.
Section 3. The vacation is subject to the following condition:
a. The property owner is required to execute a Pipeline Disposition agreement transferring ownership of the deactivated gas facilities currently held by PG&E.
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 condition listed in Section 3 of this Resolution has 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-1, A-2 and B-1, B-2 are incorporated into and made part of this resolution.
Table of Contents:
Exhibit A-1 - Legal Description of Public Utility Easements Area to be Vacated Exhibit B-1 - Plat/Map of Public Utility Easements Area to be Vacated Exhibit A-2 - Legal Description of Public Service Easement Area to be Vacated Exhibit B-2 - Plat/Map of Public Service Easement Area to be Vacated EXHIBIT " A-1 "
PROPERTY DESCRIPTION
Paqe 1 of 1
PUBLIC UTILITY EASEMENT ABANDONMENT
ALL THAT REAL PROPERTY SITUATED IN THE CITY OF SACRAMENTO,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA, WITHIN THE BLOCK BOUNDED BY 2ND, 3RD, S, AND T STREETS ACCORDING TO THE OFFICIAL
PLAT OR MAP THEREOF, EXCEPTING THAT PORTION LYING WESTERLY OF THE EASTERLY LINE OF INTERST ATE 5 (1-5), AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE 20 FOOT WIDE PUBLIC UTILITY EASEMENT WITHIN THE FORMER
ALLEY BOUNDED BY THE ABOVE STREETS VACATED PER RESOLUTION 4821 , IN BOOK 780927 AT PAGE 1099 0F SACRAMENTO COUNTY OFFICIAL
RECORDS, AND OF THAT WESTERLY PORTION OF T STREET PER SAID DOCUMENT. SEE DOCUMENT FOR DESCRIPTION LANGUAGE. SAID
EASEMENTS ARE FURTHER DESCRIBED AS THE RIGHT OF ENTRY TO
REPAIR, MAINTAIN AND CONSTRUCT SEWER, WATER AND GAS PIPES
AND AERIAL OR UNDERGROUND POWER, TELEPHONE AND OTHER COMMUNICATION FACILITIES WITHIN SAID ALLEY AND STREET.
END OF DESCRIPTION
PREPARED BY: CUNNINGHAM ENGINEERING CORP.
MARCH, 2022
0 {Z 71 m
No. C30339
10' PUE PER 690206 0.R. 280 AND
PG&E ESMT PER 700205 0.R. 160
}sffi%r-
, }
I '-((
I
ABANDON zo.ooa PUBLIC ',
UTILITY EASEMENT PER 'u '
!lBK780927PG1099 [
10' SMUD ESMT l /
' PER 791018 0.R. 888 '
,,OFESS/0,4<
,zv'!!.cuH. t, ' / /,, "(,(3 /
()'a2' s>"m (,, /w C30339 m %_,
.J /ja _,-" i,,61-- ,
}% % %
o a O - S':Z-, ' A.
>%oFclVcAl,O'+% W%'%
.F[;!.\\LL PARCEL 1 7- $
SMUD ESMT PER CERTIFICATE OF "- /(/)/
791018 0.R. 888 COMPLIANCE FOR
QLOT MERGER i @,
5AOB2UT6T60E2R2'S1 oRl.:HIS+T,O=lIIEiEoWaoA,Y DOC # 202203230559 / M, RELINQUISHED PER 690206 0.R.
280, 700205 0.R. 160, 720721 0.R.
0.R. 981 AND 720619 0.R. 366 80' PUBLIC SERVICE ESMT
i - -
ABANDON PUBLIC ( ,
UTILITY EASEMENT I '-
PER 780927 0R 1099 -' O'
, PER20l109al50.R.l024
,,_ ___,__ <'%,
%_
10' PUE PER690206 0.R. 280 AND r557,i-,
PG&E ESMT PER 700205 0.R 1601, / " Q7 -
/' /
0 40 80 I 7 i /{
l ffi , / / / t
ffl I I / / / , t i /
SCALE.1"=80"
rE:'aEh- :'rL' Corporate Office
2940 Spaffotd Slteel
I Suite 200
= a - Davis CA 95618
_& (530i758-2026
.n,,,- H
'M' Sactamenlo Office
'- 2120 20ih Sireel
I Suite Three
Sactamenlo CA 95818
l'll6i455-2026
EXHIBIT B-1
ABANDONMENT OF PUBLIC UTILITY EASEMENT
1900 AND 1990 3RD STREET
A PORTION OF THE BLOCK BOUNDED BY 1-5, S AND 3RD STREETS, BEING
ALL OF THE PUBLIC UTILITY EASEMENT RESERVED IN THE ABANDONMENT
OF THE FORMER ALLEY AND FORMER T STREET IN SAID BLOCK, PER BOOK 780927 AT PAGE 1099 0F SACRAMENTO COUNTY OFFICIAL RECORDS CITY OF SACRAMENTO, SACRAMENTO COUNTY. CALIFORNIA
SCALE:
1"=80'
DATE:
03/28/22
SHEET:
1 0F1
EXHIBIT " A 2"
PROPERTY DESCRIPTION
Paqe 1 of 1
PUBLIC SERVICE EASEMENT ABANDONMENT
ALL THAT REAL PROPERTY SITUATED IN THE CITY OF SACRAMENTO COUNTY OF SACRAMENTO ST ATE OF CALIFORNIA WITH N FORMER "T" STREET IN THE BLOCK BOUNDED BY 2ND 3RD S AND T STREETS
ACCORDING TO THE OFFICIAL PLAT OR MAP THEREOF EXCEPTING
THAT PORTION LYING WESTERLY OF THE EASTERLY LINE OF NTERST ATE 5 (1-5), AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE 80 FOOT WIDE PUBLIC SERV CE EASEMENT WITHIN FORMER T
STREET BOUNDED BY THE ABOVE STREETS AND RESERVED IN THE T STREET VACATION RESOLUTIONS 2001-631 & 2010-462 RECORDED IN BOOK 20110915 AT PAGE 1024 SACRAMENTO COUNTY RECORDS SACRAMENTO COUNTY CALIFORNIA.
END OF DESCRIPTION
PREPARED BY: CUNNINGHAM ENGINEERING CORP.
MARCH 2022
tsvg0;IESS/@+4<C%
kb* <% *O%? ; 5 #
() Z 7E jnm
" "_2T:.' "' =-=- S STREET
- __(;'_
1'M#
't
3t'Yi'7-
/% 'Xcesriricq7HRorEcoxpuqxct= ' :
9 FORLOTMERGER,p %
) DOC#202203230559 Lu
LLI
') O:
mS i S
,3s \ " i
\ 0
\ O:
\ ABANDON 80' PUBLIC ' "
\ SERVICE EASEMENT PER 'i I?
\ 201109150.R.1024 ' -
\ T\ FORTh/IERT
\ STREET STREET
\ I
\ I
\ I (3_=, ( /10 PUE PER 690206 0.R. , /
280A7NODO2POG5&OERESIM60TPER \ \ ' _ I ! ;
\1 if
ABUTTER'S RIGHTS TO FREEWAY
RELINQUISHED PER 690206 0.R.
280, 700205 0.R. 160, 720721 0.R.
/i\
502, 660221 0.R. 184, PER 710806
0 40 20 0.R. 981 AND 720619 0.R. 366
ff i l -j j
i s z i
SCALE:1"=40' "j/
.:EC.it:' -.:'.a Cotpotale Office
2940 Soaffo+d St+eei
I Suite200
Dav's CA 95618
€ )arahx:J,Jr,:x6
2120 20ih Street
I SuileThtee
Sactaniehto CA g5B1a
i916i 45'i2C26
EXHIBIT B-2
ABANDONMENT OF PUBLIC SERVICE EASEMENT
1900, 1990 AND 2000 3RD STREET
A PORTION OF THE BLOCK BOUNDED BY S, 1-5 AND 3RD STREETS,
BEING ALL OF THE PUBLIC SERVICE EASEMENT RESERVED IN THE ABANDONMENT OF T STREET IN SAID BLOCK, PER BOOK 2110915 AT PAGE 1024, SACRAMENTO COUNTY OFFICIAL RECORDS
CITY OF SACRAMENTO, SACRAMENTO COUNTY, CALIFORNIA
SCALE:
1"=40'
DATE:
03/28/22
SHEET:
1 0F 1