HomeMy WebLinkAbout2023-12-12; City Council; Resolution 2023-286RECORDING REQUESTED BY:
Carlsbad City Clerk's Office
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad,CA 92008
DOC# 2023-0351254
1111111111111111111111111111111111111 1111111111 IIIII IIIII IIIII IIII IIII
Dec 22, 2023 09:35 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES $0 00 (SB2 Atkins. $0 00)
PAGES: 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
City of Carlsbad
RESOLUTION NO. 2023-286
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
RESOLUTION NO. 2023-286
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
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 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 the 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 12th day of December, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
KEITH BLACKBURN, Mayor
~~~ 0-,
SHERRY FREISINGER, City Clerk ~
(SEAL)
EXHIBIT "A,,
LEGAL DESCRIPTION FOR THE VACATION OF A
PORTION OF A PUBLIC UTILITY EASEMENT
CDP2022-0058 V AC2023-0002
Attachment A
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 'IO" EAST ALONG THE SOUTHEASTERLY LINE OF
SAID LOT 61, 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
NORTH 59°21' 1 0" EAST 10.00 FEET ALONG THE SOUTHEASTERLY LINE OF
SAID LOT 61; THENCE LEA YING SAID SOUTHEASTERLY LINE NORTH
30°38'50" WEST, 60,00 FEET TO THE NORTHWESTERLY LINE OF SAID LOT 61;
THENCE SOUTH 59°21' 1 0" WEST ALONG SAID NORTHWESTERLY PROPERTY
LINE, 10.00 FEET; THENCE LEA YING 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
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Dec. 12,2023 Item #5 Page 5 of 7
0
EXHIBIT "B"
VAC 2023-0002
CDP 2022-0058
5079 LOS ROBLES DRIVE
30
SCALE 1 " :;;: 30'
i
60
LOT 61
MAP lf2758
1 O' WIDE VACATION AREA
POB (POINT OF BEGINNING) /
"" TPOB (TRUE POINT OF BEGINNING)
THE SEA BRIG HT COMPANY
4322 SEA BRIGHT PLACE
CARLSBAD, CA 92008
760-80 -9098
-it). SHEET 1 OF 1
LEGEND
vzz,a AREA OF EASEMENT
TO BE VACATEO
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a::: LOS ROBLES "' z
0 PROJECT ~ LOCATION
59 60 61 ...
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VICI NITY MAP