City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-00707 6/27/2023 Consent Item 37.
Vacation of a Public Roadway Easement, Portion of Fair Oaks Boulevard, Proceeding No.
VAC23-0004 [Noticed 06/12/2023 and 06/16/2023]
File ID: 2023-00707
Location: Northeast corner of Fair Oaks Boulevard and Howe Avenue, District 6, Represented by Vice Mayor Guerra
Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution vacating the public roadway easement and reserving a public service easement along the City owned parcel located at the northeast corner of Howe Avenue and Fair Oaks Boulevard Contact: Thomas Adams, Project Manager, (916) 808-7929,[email protected]; Richard Sanders, Facilities and Real Property Superintendent, (916) 808-7034, [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
Additional Description/Analysis
Issue Detail: The City of Sacramento's Facilities and Real Property Management Division of the Department of Public Works is requesting the vacation of two areas of excess public roadway easement adjacent to the City-owned parcel located at the northeast corner of Howe Avenue and Fair Oaks Boulevard. The excess public roadway easement encroaches beyond the back of the adjacent sidewalk and is not needed for public use. This request is being made to clean up encumbrances on the property for market sale. Reservation of a public service easement over the area requested for vacation is a condition specified by the City’s Department of Utilities and affected utility companies with existing utility services. The easement areas requested for vacation are not necessary for present or prospective public use.
File ID: 2023-00707 6/27/2023 Consent Item 37.
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 roadway 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 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: This request is to vacate the roughly 5,000 square feet of excess public roadway easements adjacent to the City-owned parcel (APN 294-0110-012-0000) located at the northeast corner of Howe Avenue and Fair Oaks Boulevard which are not needed for present or prospective use. The portions of the excess easement are shown on the amended record of survey entitled "Portion Of Sec, 67, 64 and Sec, A of Rancho Del Paso" recorded in book 21 of surveys, page 4 filed with the office of the recorder of Sacramento County . The property currently exists as a vacant lot with trees and landscaped vegetation with some existing utilities. Relinquishment of the excess roadway easement will assist in the sale of the vacant parcel. The City will reserve a public service easement for the existing utilities within the area being vacated.
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 vacation is approximately $5,000.
Sufficient funding exists in City’s Facility and Real Property Management Division of the Department of Public Works Fiscal Year (FY) 2022/23 operating budget to cover the costs of this application.
Local Business Enterprise (LBE): Not applicable.
RESOLUTION NO. 2023-
Adopted by the Sacramento City Council
June 27, 2023
Vacation of Public Roadway Easement, Portion of Fair Oaks Boulevard, Proceeding No. VAC23-0004
BACKGROUND
A. The City of Sacramento's Facilities and Real Property Management Division of the Department of Public Works is requesting the vacation of two areas of excess public roadway easement adjacent to the City-owned parcel (APN: 294-0110-012-0000) located at the northeast corner of Fair Oaks Boulevard and Howe Avenue. The intent is to clean up unnecessary easements encumbering the property for the purpose of sale. City staff, along with the affected stakeholders support this vacation request.
B. A public service easement will be reserved over the area being vacated for access and maintenance of the existing utilities
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 roughly 5000 square feet of public roadway easement, more specifically described in Exhibit A and Exhibit B of this Resolution, is unnecessary for present or prospective public use and are vacated subject to the reservation in section 3.
Section 2. The vacation of the public roadway easement more specifically described in Exhibit A and Exhibit B, is made pursuant to the State of California Streets and Highways Code, Division 9, Part 3, Chapter 1-3, Sections 8300-8325.
Section 3. Pursuant to Streets and Highways Code Section 8306 and 8340, the City of Sacramento reserves a public service easement which is more specifically described in Exhibits A and B 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. Exhibit A and Exhibit B are incorporated into and made part of this resolution.
Table of Contents:
Exhibit A - Legal Description of Public Roadway Easement Area to be Vacated Exhibit B - Plat/Map of Public Roadway Easement Area to be Vacated
EXHIBITA
FAIR OAKS BOULEV ARD VACATION
OF PUBLIC ROADWAY EASEMENT
LEGAL DESCRIPTION
PAGE 1 0F 3
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF SACRAMENTO, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:
ALL THOSE PORTIONS FAIR OAKS BOULEV ARD AS SAID ROAD IS SHOWN ON THE AMENDED RECORD OF SURVEY ENTITLED "PORTION OF SEC, 67, 64 AND SEC, A OF RANCHO DEL PASO" RECORDED IN BOOK 21 0F SURVEYS, PAGE 4 FILED WITH THE OFFICE OF THE RECORDER OF SACRAMENTO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1
COMMENCING AT THE WESTERLY CORNER OF LOT 53 0F "SWANSTON ACRES", AS SAID, "SWANSTON ACRES" IS SHOWN ON THAT CERTAIN PLAT RECORDED IN BOOK 16 0F MAPS, MAP NUMBER 53, FILED WITH THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PLAT NORTH 66o 00' 00" WEST 148.94 FEET; THENCE SOUTH 24o 00' 00" WEST, 28.78 FEET TO THE MOST EASTERLY CORNER OF PARCEL2 AS SAID PARCEL2 IS DESCRIBED IN THAT CERTAIN QUITCLAIM DEED, RECORDED IN BOOK 19760325 0F OFFICIAL RECORDS, PAGE 330 FILED WITH THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL NORTH 89o 40' 00" WEST, 90.35 FEET; THENCE ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1030.50 FEET, SAID CURVE IS SUBTENDED BY A CHORD WHICH BEARS SOUTH 88o 43' 44" WEST, 57.72 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE INTO SAID FAIR
OAKS BOULEV ARD ALONG A NON-T ANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1981.00 FEET, SUBTENDED BY A CHORD WHICH BEARS SOUTH 80o 39' 31" WEST, 132.92 FEETTO A POINT; THENCE ALONG A NON-TANGENT CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 1341.22 FEET, SUBTENDED BY A CHORD WHICH BEARS SOUTH 76o 43' 52" WEST, 65.73 TO A POINT; THENCE ALONG A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 37.75 FEET, SUBTENDED BY A CHORD WHICH BEARS NORTH 77o 10' 47" WEST, 42.67 FEETTO A POINT; THENCE ALONG THE ARC OF A NON-TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 55.23 FEET, SUBTENDED BY A CHORD WHICH BEARS NORTH 44o 31' 59" WEST, 10.55 FEETTO A POINT IN THE SOUTHERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID SOUTHERLY LINE NORTH 86o 47' 18" EAST 127.96
EXHIBITA
FAIR OAKS BOULEV ARD V ACATION
OF PUBLIC ROADWAY EASEMENT
LEGAL DESCRIPTION
PAGE 2 0F 3
FEET; THENCE ALONG SAID SOUTHERLY LINE, ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 1030.50, SUBTENDED BY A CHORD WHICH BEARS NORTH 83o 52' 07" EAST, 117.04 FEETTO THE POINT OF BEGINNING. CONTAINING 2,203 SQUARE FEET MORE OR LESS.
RESERVING THEREFROM A PUBLIC SERVICE EASEMENT THERON.
PARCEL 2
COMMENCING AT THE WESTERLY CORNER OF LOT 53 0F "SWANSTON ACRES", AS SAID, "SWANSTON ACRES" IS SHOWN ON THAT CERTAIN PLAT RECORDED IN BOOK 16 0F MAPS, MAP NUMBER 53, FILED WITH THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PLAT NORTH 66o 00' 00" WEST, 148.94 FEET; THENCE SOUTH 24o 00' 00" WEST, 28.78 FEET TO THE MOST EASTERLY CORNER OF PARCEL2 AS SAID PARCEL2 IS DESCRIBED IN THAT CERTAIN QUITCLAIM DEED, RECORDED IN BOOK 19760325 0F OFFICIAL RECORDS, PAGE 330 FILED WITH THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE ALONG THE MOST NORTHEASTERLY LINE OF SAID PARCEL NORTH 66o 00' 00" WEST, 46.18 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTHEASTERLY LINE INTO FAIR OAKS BOULEV ARD, NORTH 70o 02' 13" EAST, 23.05 FEET TO A POINT; THENCE PARALLEL WITH SAID NORTHEASTERIY LINE NORTH 66o 00' 00" WEST, 187.04 FEET TO A POINT; THENCE ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1,521.10 FEET, SUBTENDED BY A CURVE WHICH BEARS NORTH 68o 42' 56" WEST, 73.75 FEET TO A POINT; THENCE NORTH 73o 49' 02" WEST, 9.91 FEET; THENCE ALONG THE ARC OF A NON- TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 218.20 FEET, SUBTENDED BY A CHORD WHICH BEARS NORTH 79o 05' 46" WEST, 49.24 FEET TO A POINT ON SAID NORTHEASTERLY LINE OF SAID PARCEL; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 66o 00' 00" EAST, 301.90 FEET TO THE POINT OF BEGINNING. CONTAINING 2,865 SQUARE FEET MORE OF LESS.
THE BASIS OF BEARING FOR THIS LEGAL DESCRIPTION IS IDENTICAL TO THAT OF THE SOUTHWESTERLY LINE OF "SWANSTON ACRES", AS SAID, "SWANSTON ACRES" IS SHOWN ON THAT CERTAIN PLAT RECORDED IN BOOK 16 0F MAPS, MAP NUMBER 53, FILED WITH THE
EXHIBITA
FAIR OAKS BOULEV ARD VACATION
OF PUBLIC ROADWAY EASEMENT
LEGAL DESCRIPTION
PAGE 3 0F 3
OFFICE OF THE RECORDER OF SAID COUNTY. THE BEARING OF SAID SOUTHWESTERLY LINE, AS SAID LINE IS DESCRIBED IN THAT CERTAIN QUITCLAIM DEED, RECORDED IN BOOK 19760325 0F OFFICIAL RECORDS, PAGE 330 FILED WITH THE OFFICE OF THE RECORDER OF SAID COUNTY, BEING NORTH 66o 00' 00" WEST.
RESERVING THEREFROM A PUBLC SERVICE EASEMENT THERON.
SEE EXHIBIT B, PLATTO ACCOMPANY DESCRIPTION, ATTACHED 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. t5AVlD J. VffSEY
L.S. 9326 EXP. 03/31 /2025
DATE
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L2 S 24o 00' 00" W 28.78'
L3 N 89o 40' 00" W 90.35'
L4 N 86o 47' 1 8" E 127.96'
L5 N 66o 00' 00" W 46.18'
L6 N 70o 02' 13" E 23.05'
L7 N 66o 00' 00" W 187.04'
L8 N 73o 49' 02" W 9.91'
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EXHIBIT B
PORTIONS OF FAIR OAKS BO[JI,EV ARD
ROADWAY EASEMENT VACATION
CITY OF SACRAMENTO
C4 37.75' N 77o 10' 47" W 42.67'
C5 55.23' N 44o 31' 59" W 10.55'
C6 1030.50' N 83o 52' 07" E 117.04'
C7 1521.10' N 68o 42' 56" W 73.75'
C8 218.20 N 79o 05' 46" W 49.24'