HomeMy WebLinkAbout2022-07-19; City Council; ; Summary vacation of a public utilities easement at 3950 Hibiscus Circle (PD 2022-0013, VAC 2022-0003)CA Review CKM
Meeting Date:
To:
From:
Staff Contact:
Subject
District
July 19, 2022
Mayor and City Council
Scott Chadwick, City Manager
David Rick, Associate Engineer
david.rick@carlsbadca.gov, 442-339-2781
Summary vacation of a public utilities easement at 3950 Hibiscus Circle
(PD 2022-0013, VAC 2022-0003)
1
Recommended Action
Adopt a resolution approving a summary vacation of a public utilities easement over a portion
of Lot 12 of Map No. 4751.
Executive Summary
The owner of the property at 3950 Hibiscus Circle has asked the city to vacate, or relinquish, a
public utilities easement that traverses the property. The easement was granted to the city in
1961, but the city, SDG&E and AT&T no longer require it.
Section 8333 of the California Streets and Highway Code gives the local legislative body, in this
case the City Council, the authority to act on 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 1961. The easement covers the northwesterly and northeasterly eight feet of the property on
Hibiscus Circle, which is Lot 12 of Map No. 4751. The property 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 indicating 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be summarily vacated by the City Council if the easement has been superseded by relocation or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
July 19, 2022 Item #8 Page 1 of 7
city no longer has any need of this easement and staff have not identified any drawbacks in
approving this request.
Fiscal Analysis
There are no fiscal impacts with vacating this easement. All fees necessary to process this
vacation have been paid by the 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.
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 #8 Page 2 of 7
RESOLUTION 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
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VAC2022-0003
HARTY RESIDENCE
SITE MAP
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Map generated on: 6/21/2022
July 19, 2022 Item #8 Page 7 of 7
Exhibit 2
• N
NOT TO SCALE