HomeMy WebLinkAbout2023-12-12; City Council; ; Summary Vacation of a Portion of a Public Utilities Easement at 5079 Los Robles Drive (VAC2023-0002)CA Review __RK__
Meeting Date: Dec. 12, 2023
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: David Rick, Associate Engineer
david.rick@carlsbadca.gov, 442-339-2781
Subject: Summary Vacation of a Portion of a Public Utilities Easement at 5079 Los
Robles Drive (VAC2023-0002)
District: 2
Recommended Action
Adopt a resolution approving a summary vacation of a portion of a public utilities easement
over a portion of Lot 61 of Map No. 2758, located at 5079 Los Robles Drive. (Exhibit 1)
Executive Summary
The property owners of 5079 Los Robles Drive. are requesting that the City Council approve a
summary vacation of a portion of a public utilities easement that traverses the property’s rear
yard.1 The easement was recorded on Map No. 2758 for public use on March 5, 1951.
Section 8333 of the California Streets and Highway Code gives the City Council the authority to
act on such summary vacation requests.
Explanation & Analysis
A 20-foot-wide public utilities easement extends along the rear property line of the property
located at 5079 Los Robles Drive. The owner wishes to make full use of the property and asked
the city to abandon its rights to the easement.
While the city no longer has a need for the easement, AT&T, SDG&E, and Charter
Communications all provided correspondence indicating that they need to retain the westerly
10 feet of the 20-foot easement to accommodate existing overhead utility lines. The utility
companies had no objection to vacating the northeasterly 10-feet of the easement.
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vacated by the City Council if the easement has been superseded by relocation or determined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 utility companies have determined that the northeasterly 10-foot portion of the
easement is in excess, and no utilities exist or are planned in the portion of the easement to be
vacated.
Staff recommend that the City Council adopt the resolution and approve the summary vacation
of a 10-foot portion of the public utilities easement. Vacating the northeasterly 10-feet of the
1 A vacation is when a public right-of-way or a public service easement is relinquished to the property owner.
Dec. 12, 2023 Item #5 Page 1 of 7
public utilities easement provides the property owner use and control of their property, while
still providing a sufficiently sized easement for utility companies’ operations.
Fiscal Analysis
There are no fiscal impacts from vacating this easement. All of the 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 this resolution, including the legal description and plat map, 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 easement vacation will be considered vacated.
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.
Exhibits
1. City Council resolution
2. Location map
Dec. 12, 2023 Item #5 Page 2 of 7
Exhibit 1 RESOLUTION NO. .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A SUMMARY VACATION OF A PORTION OF A
PUBLIC UTILITIES EASEMENT OVER A PORTION OF LOT 61 OF MAP NO. 2758,
LOCATED AT 5079 LOS ROBLES DRIVE
WHEREAS, the City Council of the City of Carlsbad, California has determined that Mike R. Davis
and Ingrid A. Davis, Trustees of the Davis Family Trust, dated August 30, 2006, the owner of property
described as Lot 61 of Map No. 2758, Terramar Unit No. 2, in the City of Carlsbad, County of San Diego,
State of California, filed in the Office of the County Recorder of San Diego on March 5, 1951, has filed
an application to summarily vacate a portion of a public utilities easement on Lot 61 of Map No. 2758;
and
WHEREAS, on March 5, 1951, a public utilities easement was recorded across Lot 61 as shown
on Map No. 2758; and
WHEREAS, this summary vacation of a portion of an easement 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 and have no interest in the portion of the easement to be vacated; and
WHEREAS, this portion of the easement is excess and 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 the northeasterly 10-feet of 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 northeasterly 10-feet of the easement has been
determined to be in excess by the easement holder, and there are no public facilities
located within that portion of the easement.
3. That the City Council hereby summarily vacates the northeasterly 10-feet of the 20-foot-
wide public utilities easement located over a portion of Lot 61 of Map No. 2758, recorded
Dec. 12, 2023 Item #5 Page 3 of 7
March 5, 1951, filed in the Office of the County Recorder of the County of San Diego,
located at 5079 Los Robles Dr.
4. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highways Code,
said excess easement more par�cularly described in Exhibit A, and shown for the sake of
clarity in Exhibit B to Atachment A, shall be summarily vacated.
5. That the City Clerk is directed to record this Resolu�on, the legal descrip�on (Exhibit A)
and plat (Exhibit B), as reflected in Atachment A, in the Office of the County Recorder of
San Diego County.
6. That upon recorda�on of the Resolu�on at the County Recorder’s Office, this easement
no longer cons�tutes a public u�li�es easement.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the __ day of ________, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
______________________________________
KEITH BLACKBURN, Mayor
______________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
Dec. 12, 2023 Item #5 Page 4 of 7
EXHIBIT "A"
LEGAL DESCRIPTION FOR THE VACATION OF A PORTION OF A PUBLIC UTILITY EASEMENT CDP2022-0058 VAC2023-0002
BEGINNING AT THE SOUTHEAST CORNER OF LOT 61, TERRAMAR UNIT NO.2 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 2758, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MARCH 5, 1951; THENCE NORTH 59°21 '10" EAST ALONG THE SOUTHEASTERLY LINE OF SAID LOT 61, 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 59°21 '10" EAST 10.00 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT 61; THENCE LEAVING SAID SOUTHEASTERLY LINE NORTH 30°38'50" WEST, 60,00 FEET TO THE NORTHWESTERLY LINE OF SAID LOT 61; THENCE SOUTH 59°21' 10" WEST ALONG SAID NORTHWESTERLY PROPERTY LINE, 10.00 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE, SOUTH 30°38'50" EAST, 60.00 FEET TO THE TRUE POINT OF BEGINNING.
AREA OF SAID EASEMENT VACATION CONTAINS 600 SQ. FT. MORE OR LESS
Attachment A
Dec. 12, 2023 Item #5 Page 5 of 7
0
EXHIBIT "B"
VAC 2023-0002 CDP 2022-0058 5079 LOS ROBLES DRIVE
30 60
SCALE 1" "" 30'
1 O' WIDE VACATION AREA
POB (POINT OF BEGINNING) /
THE SEA BRIGHT COMPANY 4322 SEA BRIGHT PLACE CARLSBAD, CA 92008 760-80 -9098CJ,
LOT 61 MAP #2758
TPOB (TRUE POINT OF BEGINNING)
SHEET 1 OF 1
fl
LEGEND
VZZJ AREA OF EASEMENT TO BE VACATED
it----�+
: LOS ROBLES '
O PROJECT � LOCATION
l59 60 61 ....
\.. -� COAST HWY
VICINITY MAP NTS Dec. 12, 2023 Item #5 Page 6 of 7
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VAC2023-0002
Davis Easement Vacation
SITE MAP
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Map generated on: 10/3/2023
Exhibit 2
Dec. 12, 2023 Item #5 Page 7 of 7