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Home My WebLink About2023-01-24; City Council; ; Summary Vacation of a Public Utilities Easement at 3342 Donna Drive (PD 2021-0019, VAC 2022-0005)CA Review __RK__ Meeting Date: Jan. 24, 2023 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Nichole Fine, Associate Engineer nichole.fine@carlsbadca.gov, 442-339-2744 Subject Summary Vacation of a Public Utilities Easement at 3342 Donna Drive (PD 2021-0019, VAC 2022-0005) District 1 Recommended Action Adopt a resolution approving a summary vacation of a public utilities easement over a portion of Lot 3 of Map No. 4393. (Exhibit 1) Executive Summary The property owner of 3342 Donna Dr. is requesting a vacation of a public utilities easement that traverses the property. The easement was granted to the city on Nov. 16, 1959. The city, AT&T, SDG&E, and Charter Communications no longer require this easement. California Streets and Highway Code Section 8333 gives the City Council the authority to summarily vacate such an unneeded easement. Discussion The public utilities easement was granted to the city for public utilities and incidental purposes 63 years ago. The easement covers the northeasterly eight feet of Lot 3 of Map No. 4393, located at 3342 Donna Drive. The property owner wishes to make full use of the property and requested the easement vacation. The city no longer has any need for the easement, and AT&T, SDG&E and Charter all provided letters indicating they have no objections to relinquishing it through this summary vacation. Under Streets and Highways Code Section 8333, a public service easement may be summarily vacated by the City Council if the easement has been superseded by relocation or determined to be excess by the easement holder and there are no other public facilities located within the easement.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 that the City Council adopt the resolution and approve the summary vacation of 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. Jan. 24, 2023 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 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 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 Jan. 24, 2023 Item #7 Page 2 of 7 RESOLUTION NO. 2023-036 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 3 OF MAP NO. 4393 WHEREAS, the City Council of the City of Carlsbad, California has determined that the Shany Partnership Agreement, A California General Partnership, the owner of property described as Lot 3 of Map No. 4393, Linda Estates 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 date, Nov. 16, 1959, has filed an application to summarily vacate the public utilities easement along the northeasterly 8 feet of Lot 3 of Map No. 4393; and WHEREAS, on Nov. 16, 1959, an easement was dedicated to the City of Carlsbad for public utilities purposes on Map No. 4393; 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, SDG&E and Charter Communications do not have any facilities or interest in the easement; and WHEREAS, this 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 this 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. Exhibit 1 Jan. 24, 2023 Item #7 Page 3 of 7 3.That the City Council hereby summarily vacates a public utilities easement over a portion of Lot 3 of Map No. 4393, recorded November 16, 1959, filed in the Office of the County Recorder of the County of San Diego, located at 3342 Donna Dr. 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.That 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 contributes a public utilities easement. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 24th day of January, 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: Blackburn, Bhat-Patel, Acosta, Burkholder. None. None. None. � KEITH BLACKBURN, Mayor C 1cvmaµo_Kmart� j.,,�HERRY FREISINGER, City Clerk V -(SEAL} Jan. 24, 2023 Item #7 Page 4 of 7 Attachment A Jan. 24, 2023 Item #7 Page 5 of 7 EXHIBIT "A" LEGAL DESCRIPTION PUBLIC UTILITY EASEMENT VACATION VAC 2022-0005 THAT PORTION OF LOT 3 OF LINDA ESTATES UNIT NO. 1 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 4393 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16,1959 BEING DESCRIBED AS FOLLOWS: THE NORTHEASTERLY 8.00 FEET OF SAID LOT 3. CONTAINING 824 SQUARE FEET, MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. MAXIMILIAN LEBL, PLS 9323 DATE Jan. 24, 2023 Item #7 Page 6 of 7 EXHIBIT "B" VICINITY MAP PLAT ~ Q~ / / +N . E \ CHESTNUT AVENUE s 1"=1000·\ C \ \ \ I MAP NO. 3906 SEACREST ESTATES UNIT NO. 1 00 LOT9 LOT 8 INDICATES VACATION OF PUBLIC UTILITY EASEMENT C> AREA: 824 SQUARE FEET z ~ 0) LOT3 _. 0 0 N T""" N T""" MAP 4393 LINDA ESTATES N (jl s;j-I-µJ UNIT NO. 1 ~ 0 C> ni I-_J 0 10TH) ESMT TO SDG&E 0 f-_. __J N (NOW PER B/P 3099-81 O.R. _. 0 0 co REC. 11/28/1947 ~ co I ~ z 6'-W\DE ESMTTO SDG&E __j PER B/P 4341_-473 O.R. \ REC. 10/31/1951 I N23°33'00"W · 112.43' I C> I DONNA DRIVE C") i I I NOTE: BEARINGS AND DISTANCES BASED ON MAP 4393 PASCO LARET SUITER SCALE: 1"=40' ~ ffi\~~(Q)(C!ffi\111E~ San Diego I Encinitas I Orange County Phone 858.259.8212 I www.plsaengineering.com LEGEND LOT LINE RIGHT-OF-WAY LINE CENTER LINE INDICATES VACATION OF [Z:,Z,7--L-7...L'.7..ff"".L½J PUBLIC UTILITY EASEMENT AREA: 824 SQUARE FEET EASEMENT NOTES (PER ORDER# DIV-6876527): ITEMS 1 THROUGH 3 ARE NON-MAPPING ITEMS AND HAVE BEEN OMITTED HEREON. 4 5 6 AN EASEMENT FOR RIGHT OF WAY AND INCIDENTAL PURPOSES IN THE DOCUMENT RECORDED AS BOOK 3099, PAGE 81 OF OFFICIAL RECORDS. [PLOTTED] AN EASEMENT FOR RIGHT OF WAY AND INCIDENTAL PURPOSES IN THE DOCUMENT RECORDED AS BOOK 4341 , PAGE 473 OF OFFICIAL RECORDS. [PLOTTED] COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS IN THE DOCUMENT RECORDED NOVEMBER 27, 1959 AS BOOK 8015, PAGE 479 OF OFFICIAL RECORDS. [NOT PLOTTABLE, BLANKET IN NATURE] ITEMS 7 THROUGH 11 ARE NON MAPPING ITEMS AND HAVE BEEN OMITTED HEREON. DATE VACATION OF PUBLIC UTILITY EASEMENT SHEET 1 OF 1 VAC 2022-0005 Exhibit 2 Jan. 24, 2023 Item #7 Page 7 of 7 SITE MAP • N HOT TO SCALE SHANY RESIDENCE VAC2022-0005