City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-01564 9/24/2024 Consent Item 5.
Time Extension to Complete Condition of the Vacation for Resolution 2022-0318, Vacation of a 50-Foot-Wide and 6-Foot-Wide Public Utility Easement South of Broadway at Land Park Drive, Proceeding No. VAC22-0005
File ID: 2024-01564
Location: Between the southeast corner of Broadway, Land Park Drive and Burnett Way and 16th Street, District 7, Represented by Councilmember Jennings Recommendation: Adopt a Resolution approving the time extension of Resolution No. 2022-0318 to satisfy the required vacation condition.
Contact: Thomas Adams, Project Manager, [email protected], (916) 808-7929; Jennifer Johnson, Supervising Engineer, [email protected], (916) 808-7754; Ofelia Avalos, Engineering Manager, [email protected], (916) 808-5054; Department of Public Works Presenter: None
Attachments:
1-Description/Analysis
2-Resolution 2022-0318
3-Resolution
Description/Analysis
Issue Detail: On March 18, 2024, the applicant for the vacation listed under application VAC22-0005 with the Department of Public Works submitted a written request for a one-year time extension to complete the condition of vacation as stated in Resolution No. 2022-0318, to relocate utilities to the satisfaction of AT&T. The adopted resolution provides a two-year window to complete the condition, or the resolution becomes void unless a time extension is granted by the City Council. Staff has reviewed the time extension request and recommends the granting of a one-year time extension to complete the required vacation condition as detailed in Resolution No. 2022-0318.
Policy Considerations: The Council action recommended in this report is consistent with the General Plan and Streets and Highways Code upon which Resolution 2022-0318 was approved.
Economic Impacts: None.
File ID: 2024-01564 9/24/2024 Consent Item 5.
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: Approval of the requested time extension is requested by the applicant to complete the vacation and facilitate the proposed mixed-use project (IR20-345).
Financial Considerations: The applicant is responsible for all fees to process this application at no cost to the City.
Local Business Enterprise (LBE): Not applicable.
RESOLUTION NO. 2022-0318
Adopted by the Sacramento City Council
October 11, 2022
Vacation of a portion of a 50-Foot-Wide and 6-Foot-Wide Public Utility Easement South of Broadway at Land Park Drive, Proceeding No. VAC22-0005
BACKGROUND
A. 16LPB, LLC has requested the vacation of a portion of the 50-foot-wide public utility easement along with a 6-foot-wide public utility easement, located on the southeast corner of Broadway and Land Park Drive. Said 50-foot-wide public utility easement was reserved per the abandoned portion of 16 Street as recorded in book 761206, page 69, Sacramento County Official Records.
B. The vacation request of both public utility easements is to help facilitate a proposed 60,000 square feet mixed-use development that provide 53 dwelling units per planning document IR20-345.
C. The applicant will be responsible for any existing utilities affected by this vacation request and will be responsible for relocation.
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 portion of the 50-foot-wide and 6-foot-wide public utility easements, more specifically described in Exhibits A and B of this Resolution, are unnecessary for present or prospective public use and are vacated subject to the conditions specified in Section 3 below.
Resolution 2022-0318 October 11, 2022 Page 1 of 9
SECTION 2.
The 50-foot-wide and 6-foot-wide public utility easements for public utilities, 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 vacation is subject to the following condition:
A. The applicant shall dedicate an easement to AT&T, record the easement, and relocate existing AT&T facilities all to the satisfaction of AT&T.
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 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.
Exhibits A and B 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
Resolution 2022-0318 October 11, 2022 Page 2 of 9
Adopted by the City of Sacramento City Council on October 11, 2022, by the following vote:
Ayes: Members Ashby, Guerra, Harris, Jennings, Loloee, Schenirer, Valenzuela, Vang, and Mayor Steinberg
Noes: None
Abstain: None
Absent: None
Attest:
_____________________________________
Mindy Cuppy, City Clerk
The presence of an electronic signature certifies that the foregoing is a true and correct copy as approved by the Sacramento City Council.
Resolution 2022-0318 October 11, 2022 Page 3 of 9
EXHIBIT A
LEGAL DESCRIPTION
THE VACATION OF PUBLIC UTILITY EASEMENTS
PAGE 1 OF 3
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF SACRAMENTO,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA, BEING A PORTION OF THOSE PUBLIC UTILITY EASEMENTS (P.U.E.), DEDICATED ON THAT CERTAIN MAP ENTITLED PLAT OF J.C. CARLY CO. HOMELAND FILED FOR RECORD ON FEBRUARY 09, 1924 IN BOOK 17 OF MAPS AT PAGE 37, SACRAMENTO COUNTY
RECORDS, AND A PORTION OF THAT PUBLIC UTILITY EASEMENT RESERVED IN THE ABANDONING AND VACATING OF 16TH STREET IN ORDINACE NO. 3678 RECORDED DECEMBER 06, 1976 IN BOOK 761206 AT PAGE 695, OFFICIAL
RECORDS OF SACRAMENTO COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AREA 1 VACATION OF A PORTION OF P.U.E.:
BEING A PORTION OF THAT PUBLIC UTILITY EASEMENT RESERVED IN THE ABANDONING AND VACATING OF 16TH STREET IN ORDINACE NO. 3678 RECORDED DECEMBER 06, 1976 IN BOOK 761206 AT PAGE 695, OFFICIAL
RECORDS OF SACRAMENTO COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 370;
THENCE ALONG THE WESTERLY LINE OF SAID LOT 359, THE FOLLOWING TWO (2) COURSES AND DISTANCES:
1. SOUTH 07°5040" EAST, 19.82 FEET;
2. ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 230.54 FEET, THROUGH A CENTRAL ANGLE OF 02°38'47" FOR AN ARC DISTANCE OF 10.65 FEET ;
THENCE LEAVING SAID WESTERLY LINE, SOUTH 84°4807" WEST, 50.00 FEET TO A POINT ON THE NORTHEASTERLY LINE OF LOT 371 AS SHOWN ON SAID MAP;
THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 371, THE FOLLOWING FOUR (4) COURSES AND DISTANCES:
1. ALONG A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 180.54 FEET, AND TO WHICH POINT A RADIAL LINE BEARS
SOUTH 84°4807" WEST, THROUGH A CENTRAL ANGLE OF 02°38'47" FOR AN ARC DISTANCE OF 8.34 FEET ;
2. NORTH 07°5040" WEST, 84.14 FEET ;
Resolution 2022-0318 October 11, 2022 Page 4 of 9
EXHIBIT A
LEGAL DESCRIPTION
THE VACATION OF PUBLIC UTILITY EASEMENTS
PAGE 2 OF 3
3. ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF
18.97 FEET, THROUGH A CENTRAL ANGLE OF 121°39'20" FOR AN ARC DISTANCE OF 40.28 FEET;
4. SOUTH 50°30'00" WEST, 15.72 FEET TO A POINT ON THE EASTERLY LINE OF A FIVE FOOT (5.00) PUBLIC UTILITY EASEMENT AS SHOWN ON SAID MAP ;
THENCE ALONG THE NORTHERLY PROLONGATION OF SAID EASTERLY EASEMENT LINE, NORTH 19°37'00" EAST, 21.29 FEET TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF LAKEPARK DRIVE (80 FEET WIDE) ;
THENCE ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE,
NORTH 64°2600" EAST, 74.34 FEET ;
THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF
15.00 FEET, THROUGH A CENTRAL ANGLE OF 45°00'00" FOR AN ARC DISTANCE OF 11.78 FEET ;
THENCE ALONG THE SOUTHERLY LINE OF BROADWAY (80 FEET WIDE), SOUTH 70°34'00" EAST, 26.63 FEET TO A POINT OF CUSP ;
THENCE ALONG THE WESTERLY LINE OF SAID LOT 370, THE FOLLOWING THREE COURSES AND DISTANCES:
1. ALONG A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF
15.00 FEET, AND TO WHICH POINT A RADIAL LINE BEARS
SOUTH 19°2600" WEST, THROUGH A CENTRAL ANGLE OF 109°24'43" FOR AN ARC DISTANCE OF 28.64 FEET TO A POINT OF COMPOUND
CURVATURE ;
2. ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 180.54 FEET, THROUGH A CENTRAL ANGLE OF 07°51'57" FOR AN ARC DISTANCE OF 24.79 FEET;
3. SOUTH 07°5040" EAST, 64.59 FEET TO THE POINT OF BEGINNING.
CONTAINING 7,696 SQUARE FEET, MORE OR LESS
AREA 2 VACATION OF A PORTION OF 6.00 P.U.E
BEING A PORTION OF THAT CERTAIN P.U.E. LYING WITHIN LOTS 359 THRU 360 AND LOTS 368 THRU 370 AS SHOWN ON SAID MAP, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
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Resolution 2022-0318 October 11, 2022 Page 9 of 9
RESOLUTION NO. 2024-
Adopted by the Sacramento City Council
September 24, 2024
Time Extension to Complete Condition of the Vacation for Resolution 2022-0318, Vacation of a 50-Foot-Wide and 6-Foot-Wide Public Utility Easement South of Broadway at Land Park Drive, Proceeding No. VAC22-0005
BACKGROUND
A. With the approval of Resolution 2022-0318 on October 11, 2022, the vacation of a portion of the 50-foot-wide public utility easement along with a 6-foot-wide public utility easement, located on the southeast corner of Broadway and Land Park Drive located in Council District 7, the City Council may grant a time extension for the completion of the condition of vacation specified in said resolution of vacation.
B. Resolution No. 2022-0318 states that the resolution of vacation shall become void if the condition of vacation to relocate AT&T utility services to the satisfaction of AT&T is not completed in the specified two-year period, which will expire on October 12, 2024, unless a time extension is granted by City Council.
BASED ON THE FACTS SET FORTH IN THE RECITALS, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The time extension for completing the condition of vacation required by Resolution No. 2022-0318 is hereby granted and will expire on October 12, 2025.