City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-01685 10/15/2024 Consent Item 6.
Summary Vacation of a Portion of the Public Utility Easement at Greg Thatch Circle, Proceeding No. VAC24-0005
File ID: 2024-01685
Location: North Side of Greg Thatch Circle at Tres Piezas Drive in District 1, Represented by Councilmember Kaplan
Recommendation: Adopt a Resolution vacating a portion of the public utility easement along the North Side of Greg Thatch Circle within the Terrace Park Subdivision.
Contact: Thomas Adams, Project Manager, (916) 808-7929, [email protected]; Jennifer Johnson, Supervising Engineer, (916) 808-7754, [email protected]; Ofelia Avalos, Engineering Manager, (916) 808-5054, [email protected]; Department of Public Works
Presenter: None.
Attachments:
1-Description/Analysis
2-Resolution
3-Exhibit A Legal Description of Public Utility Easement Area to be Vacated 4-Exhibit B Plat/Map of Public Utility Easement Area to be Vacated Description/Analysis
Issue Detail: This is a request to vacate an approximate three-foot portion of the existing 12.5’ Public Utility Easement (PUE) along the north side of Greg Thatch Circle at Tres Piezas Drive. Lot 17 and Lot 18 as shown on the Final Map of “Terrace Park” as filed in Book 455 of maps at Page 06 in the Office of the Sacramento County Recorder has an existing 12.5’ PUE along the frontage of each lot in which two new residential model homes encroach within. To complete the construction and meet building code conditions the developer has requested to vacate approximately three feet of the PUE to remedy the encroachment issue within the PUE. The existing utility facilities within the reduced portion of the PUE will remain and service the residential properties within the subdivision.
Policy Considerations: The action recommended in this report is consistent with the Sacramento
File ID: 2024-01685 10/15/2024 Consent Item 6.
2040 General Plan and in compliance with the California Streets and Highways Code, Section 8334.
Economic Impacts: None.
Environmental Considerations:
California Environmental Quality Act (CEQA): The Community Development Department, Environmental Planning Services Division has reviewed this vacation/abandonment of a portion of the Public Utility Easement for the project located within the Terrace Park Subdivision, specifically Lots 17 & 18, 881 Greg Thatch Circle and 889 Greg Thatch Circle, respectively and determined that this is exempt from the provisions of the California Environmental Quality Act (CEQA) Section 15305, 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: This request to vacate the portion of the PUE is recommended to address the encroachment issue of two newly constructed residential model homes within the Terrace Park Subdivision. Vacating the approximately three feet portion of the existing 12.5’ PUE located with lots 17 and 18 will assist with the completion of the model homes, resolve the encroachment issue and comply with the building code conditions for both building permits RES- 2408056 and RES-2408061 as listed with the Community Development Department. City staff and affected utility agencies have reviewed and support this vacation request.
Financial Considerations: The estimated cost to process this vacation request 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. 2024-XXXX
Adopted by the Sacramento City Council
October 15, 2024
Summary Vacation of a Portion of the Public Utility Easement at Greg Thatch Circle, Proceeding No. VAC24-0005
BACKGROUND
A. An application to vacate an approximate three-foot portion of the existing 12.5’ wide Public Utility Easement (PUE) has been filed with the City’s Department of Public Works. Two residential model homes currently under construction encroach within the existing PUE as shown on the Final Map of “Terrace Park” as filed in Book 455 of maps at Page 06 in the Office of the Sacramento County Recorder and specifically identified as lot 17 and lot 18.
The encroac hment of the two homes within the PUE does not meet building code conditions and must be addressed to satisfy building requirements to final the building permit at the end of construction for both homes. The portion of the PUE area requested for vacation detailed with Exhibit A and Exhibit B of this Resolution.
B. This request to vacate a portion of the PUE will assist with the completion of the two model homes identified under building permits RES-2408056 and RES-2408061.
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 is consistent with the City of Sacramento’s 2040 General Plan.
BASED ON THE FACTS SET FORTH IN THE RECITALS, THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1.
Based upon substantial evidence present in the record of the proceedings regarding this matter, the City Council hereby makes the following findings:
The portion of the Public Utility Easement more specifically described in Exhibit A and Exhibit B of this Resolution are vacated.
SECTION 2.
The vacation of the Public Utility 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, Chapters 1-3, Sections 83 30-8336 particularly Section 8333(c) in that the easement has been
superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.
SECTION 3.
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 2040 General Plan.
SECTION 4.
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 Sacramento County Recorder.
SECTION 5.
Exhibits A and B are incorporated into and made part of this resolution.
EXHIBIT A
VACATION OF PUBLIC UTILITY EASEMENT
LEGAL DESCRIPTION
PAGE 1 OF 1
ALL THAT PORTION OF THE 12.50 FOOT WIDE PUBLIC UTILITY EASEMENT WITHIN LOTS 17 AND 18 AS SHOWN ON THE FINAL MAP OF “TERRACE PARK”, AS FILED MAY 31, 2024 IN BOOK 455 OF MAPS AT PAGE 6, SACRAMENTO COUNTY RECORDERS OFFICE,
SITUATED IN THE CITY OF SACRAMENTO, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID LOT 17 AND THE NORTHERLY LINE OF SAID 12.50 FOOT WIDE PUBLIC UTILITY EASEMENT, THENCE, FROM SAID POINT OF BEGINNING ALONG THE NORTH LINE OF SAID 12.50 FOOT WIDE PUBLIC UTILITY EASEMENT THE FOLLOWING TWO (2) COURSES:
1) SOUTH 78°06’30” EAST 65.33 FEET TO THE BEGINNING OF A 2.50 FOOT RADIUS TANGENT CURVE TO THE LEFT;
2) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00’00” A DISTANCE OF
3.93 FEET;
THENCE, SOUTH 11°53’30” WEST 5.71 FEET;
THENCE, NORTH 78°06’30” WEST 67.83 FEET TO THE WEST LINE OF SAID LOT 17; THENCE, ALONG SAID WEST LINE NORTH 11°53’30” EAST 3.21 FEET TO THE POINT OF BEGINNING.
SAID ABANDONMENT CONTAINS 219 SQUARE FEET, MORE OR LESS.
THE BASIS OF BEARINGS IS TAKEN FROM THE CENTERLINE OF GREG THATCH CIRCLE, NORTH 78°06’30" WEST.
SEE EXHIBIT “B” PLAT TO ACCOMPANY DESCRIPTION, ATTACHED HERTO AND MADE A PART HEREOF.
END OF DESCRIPTION
BRADEN D. BARNUM, LS 8507 DATE
9-5-2024