HomeMy WebLinkAbout2022-07-19; City Council; Resolution 2022-186RESOLUTION NO. 2022-186
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 12 OF MAP NO. 4751
WHEREAS, the City Council of the City of Carlsbad, California has determined that Kevin Harty
and Jaclyn Harty, husband and wife as community property with right of survivorship, the owner of
property described as Lot 12 of Map No. 4751, Bali Hai Terrace, 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 April 21,
1961, has filed an application to summarily vacate the public utilities easement along the northeasterly
and northwesterly 8 feet of Lot 12 of Map No. 4751; and
WHEREAS, on April 21, 1961, an easement was dedicated to the City of Carlsbad for public
utilities purposes on Map No. 4751; 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2.That the City Council finds that the easement has been superseded by relocation, or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
12 of Map No. 4751, recorded April 21, 1961, filed in the Office of the County Recorder
of the County of San Diego, located at 3950 Hibiscus Circle.
Exhibit 1
July 19, 2022 Item #8 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 J..!!!y, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Acosta.
None.
Norby.
MATT H1Jt:5!1Lt
f!j;tL fr FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
July 19, 2022 Item #8 Page 4 of 7
Attachment A
July 19, 2022 Item #8 Page 5 of 7
EXHIBIT A
LEGAL DESCRIPTION
VAC 2022-0003
AN EASEMENT FOR PUBLIC UTILITIES AS DEDICATED ON LOT 12 OF BALI HAI TERRACE, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 4751, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
APRIL 21, 1961.
AREA OF SAID EASEMENT CONTAINS 1336.10 SQ. FT. MORE OR LESS.
APN: 206-042-46
July 19, 2022 Item #8 Page 6 of 7
LEGEND
-· -· -LOT LINE
EXHIBIT B
VAC 2022-0003
VACATION OF EXISITNG
PUBLIC UTILITY EASEMENT.
MAP 4751-LOT 12
[ // / j AREA OF VACATION G)
\
6/15/22
SCALE: 1 "=30 FEET
SOLANA SURVEY
220 LINDA MAR DR
SOLANA BEACH, CA. 92075
858-755-8083
APPLICANT:
JACLYN HARDY
LOT12
MAP 4751
BASIS OF BEARING IS MAP 4751-LOT 12.
CD
ROBERT SUKUP
EASEMENT TO BE VACATED
EASEMENT FOR PUBLIC UTILITIES DEDICATED
ON LOT 12, MAP 4751 REC. 4/21/61 IN THE
OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY.
AREA=1336.10 SQ. FT.
RCE: 28302-EXP.:3/31/24 SHEET 2 OF 2 SHEETS