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Home My WebLink About2022-07-19; City Council; ; Summary vacation of a public utilities easement at 965 Home Ave. (PD 2022-0002, VAC 2022-0001)CA Review CKM Meeting Date: To: From: Staff Contact: Subject District July 19, 2022 Mayor and City Council Scott Chadwick, City Manager Emad Elias, Associate Engineer emad.elias@carlsbadca.gov, 442-339-2733 Summary vacation of a public utilities easement at 965 Home Ave. (PD 2022-0002, VAC 2022-0001) 1 Recommended Action Adopt a resolution approving a summary vacation of a public utilities easement over a portion of Lot 14 of Map No. 4032. Executive Summary The owner of the property at 965 Home Avenue has asked the city to vacate, or relinquish, a public utilities easement that traverses the property. The easement was granted to the city in 1958, but the city, SDG&E and AT&T no longer require it. Section 8333 of the California Streets and Highway Code gives the City Council the authority to act on such summary vacation requests. The resolution required to grant this request is attached as Exhibit 1. Discussion The public utilities easement was granted to the city for public utilities and incidental purposes in 1958. The easement covers the southerly eight feet of the property on Home Avenue, which is Lot 14 of Map No. 4032. The owner wishes to make full use of the property and asked the city to give up its rights to the easement. The city no longer has any need for the easement, and AT&T and SDG&E both provided letters stating that they have no objections to vacating it. Under Section 8333 of the California Streets and Highways Code, a public service easement may be summarily vacated by the City Council if the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement. The property owner provided the proper documentation needed to process the easement vacation. Options Staff recommend the City Council adopt the resolution and approve the easement. Vacating the public utilities easement provides the property owner full use and control of their property. The city no longer has any need of this easement and staff have not identified any drawbacks in approving this request. July 19, 2022 Item #7 Page 1 of 7 Fiscal Analysis There are no fiscal impacts with vacating this easement. All fees necessary to process this vacation have been paid by the property owner in accordance with the city’s fee ordinance. Next Steps The City Clerk will record the resolution, the attached legal description and plat in the Office of the County Recorder of San Diego County. Upon the date this resolution is recorded in the County Recorder’s Office, this public utilities easement will be vacated. Environmental Evaluation The proposed vacation does not qualify as a project under the California Environmental Quality Act under California Public Resources Code Section 21065. It has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and therefore does not require environmental review. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1.City Council resolution 2.Location map July 19, 2022 Item #7 Page 2 of 7 RESOLUTION NO. 2022-185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SUMMARY VACATION OF A PUBLIC UTILITIES EASEMENT OVER A PORTION OF LOT 14 OF MAP NO. 4032 WHEREAS, the City Council of the City of Carlsbad, California has determined that Blake Baldwin, the owner of property described as Lot 14 of Map No. 4032, Village Homes Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County on Dec. 17, 1958, has filed an application to summarily vacate the public utilities easement along the southerly 8 feet of Lot 14 of Map No. 4032; and WHEREAS, on Dec. 17, 1958, an easement was dedicated to the City of Carlsbad for public utilities purposes on Map No. 4032; and WHEREAS, this vacation is being requested pursuant to Section 8333 of the California Streets and Highways Code; and WHEREAS, the City of Carlsbad, AT&T and SDG&E currently do not have any facilities and have no interest in the easement; and WHEREAS, said easement is not required for the purpose for which it was granted and is not now, nor is it contemplated to be, needed for future public utility purposes; and, WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest to vacate said easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the City Council finds 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. 3.That the City Council summarily vacates a public utilities easement over a portion of Lot 14 of Map No. 4032, recorded Dec. 17, 1958, filed in the Office of the County Recorder of the County of San Diego, located at 965 Home Avenue. f Exhibit 1 July 19, 2022 Item #7 Page 3 of 7 4.That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highways Code, said excess easement more particularly described in Exhibit A and shown for the sake of clarity in Exhibit B to Attachment A, shall be summarily vacated. 5.The City Clerk is directed to record this Resolution, the legal description (Exhibit A) and plat (Exhibit B) as reflected in Attachment A in the Office of the County Recorder of San Diego County. 6.That upon recordation of this Resolution at the County Recorder's Office, this easement no longer constitutes a public utilities easement. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 19th day of !!:!.!,y, 2022, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Acosta. None. Norby. � 1',,,,-FAVIOLA MEDINA, City Clerk Services Manager (SEAL) July 19, 2022 Item #7 Page 4 of 7 July 19, 2022 Item #7 Page 5 of 7 "EXHIBIT A" LEGAL DESCRIPTION PUBLIC UTILITIES EASEMENT VACATION VAC 2022-0001 AN EASEMENT FOR PUBLIC UTILITY PURPOSES LYING WITHIN LOT 14 OF VILLAGE HOMES UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 4032, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 17, 1958 DESCRIBED AS FOLLOWS: THE SOUTH 8 FEET OF LOT 14 OF VILLAGE HOMES UNIT NO. 1, MAP NO. 4032, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 17, 1958. 1r)· 1(,tR.u~ MICHAEL K. CL YBU~f1 L.S. 8259 APRIL 3, 2022 July 19, 2022Item #7 Page 6 of 7N "EXHIBIT B" VAC 2022-0001 LEGEND -INDICATES LOT 14 BOUNDARY CURVE DATA NO. DELTA RADIUS LENGTH Ct 6°01'12" 225' 23.64' a 30' 60' --INDICATES EXISTING PUBLIC UTILITIES EASEMENT 'lZZ,ZJINDICATES EXISTING PUBLIC UTILITIES EASEMENT TO BE VACATED RADIAL BEARINGS NO. RADIAL BEARING Rt S 56°10'01" E l ~ I SCALE: 1" = 30' N ,n~~"<-~~ MICHAEL K. CLYBURN APRIL 3, 2022 Traverse PC VICINITY MAP (NO SCALE) \t/ ~ 'c-\ (\\. SITE I I / I / / / I I I <s, R2 S 50°08'49" E <! tl \) ~ / ---/ _....-« -----ts 11,.,J~ / __,-CI N r / C\~ / ~ 00 _/ N\~ / ~ / ' ) " ~ / ~ ~ / ~/ ~o / / . 15°0 , •• , • ~ ~ / / ,I></ ~ ~·/ / ' cP/ , / \~ / / \~ / \d' ~~/ fd-ro-r;;. / (5\ 1(:5/ \~ ~~/ \ / A LOT 14 \ // .P.N. 203-130 V (8442 SqFt} -14 B' PUBLIC UTILITIES EASEMENT TO BE VACATED ¼I~ 0) ~ C\) ('<'J r--. 0 0 a < ix, LAGUNA DR HOME A V I -5 CVD SB OFF RAMP GRAN D A V HO P E A V PLOTTED BY: Andy Chang PLOT DATE: 6/15/2022 PATH: Z:\Emad_Elias\LocationMap\965_HomeAve.mxd EXHIBIT2965 Home Avenue VAC2022-0001 965 HOME AVE LOCATION MAP CARLSBAD VISTA SAN MARCOS ENCINITAS OCEANSIDE SITE Exhibit 2 July 19, 2022 Item #7 Page 7 of 7