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Home My WebLink About2024-08-20; City Council; ; Summary Vacation of an Unnamed Public Easement at 3851 Park Drive (VAC 2024-0001)CA Review ___AF___ Meeting Date: Aug. 20, 2023 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Nichole Fine, Senior Engineer nichole.fine@carlsbadca.gov, 442-339-2744 Subject: Summary Vacation of an Unnamed Public Easement at 3851 Park Drive (VAC 2024-0001) District: 1 Recommended Action Adopt a resolution approving a summary vacation of an unnamed public easement over a portion of Lot 41 of development Map No. 3019, located at 3851 Park Drive. (Exhibit 1) Executive Summary The city and utility companies rely on easements to legally enter and use property they do not own for certain reasons, such as maintaining infrastructure. A 10-foot-wide public easement at the residential property at 3851 Park Drive traverses the property’s rear. The owner wishes to make full use of the property and has asked the city to vacate its rights to the easement, relinquishing it to the property owner. The city and the utility companies no longer need this easement. The request requires the City Council’s approval because California Streets and Highway Code Section 8333 gives the City Council the authority to summarily vacate such an unneeded easement. Explanation & Analysis The unnamed public easement was recorded on development Map No. 3019 for public use on Aug. 7, 1953. 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Code Section 8333, a public service easement may be summarily vacated by the City Council if the easement has been superseded by relocation or determined to be no longer needed by the easement holder and there are no other public facilities located within the easement. The city no longer has any need for the easement, and AT&T, SDG&E and Charter Communications all provided correspondence indicating they have no objection to vacating the easement. Aug. 20, 2024 Item #5 Page 1 of 7 Staff recommend that the City Council adopt the resolution and approve the summary vacation of the easement. Vacating the public unnamed easement provides the property owner full use and control of their property. 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 summary vacation have been paid by the owner in accordance with the city’s fee ordinance. Next Steps The City Clerk will record the resolution, including all required recording documents, in the Office of the County Recorder of San Diego County. This easement will be considered vacated upon the date this resolution is recorded in County Recorder’s office. 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 Aug. 20, 2024 Item #5 Page 2 of 7 RESOLUTION NO. 2024-204 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SUMMARY VACATION OF A PUBLIC UNNAMED PUBLIC EASEMENT OVER A PORTION OF LOT 41 OF DEVELOPMENT MAP NUMBER 3019, LOCATED AT 3851 PARK DRIVE WHEREAS, the City Council of the City of Carlsbad, California has determined that John Anton Zimmer and Lindsey Dawn Zimmer, Trustees of the John and Lindsey Zimmer 2016 Trust, dated Nov. 15, 2016, the owners of property described as Lot 41 of Carlsbad Estates of Map No. 3019, 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 Aug. 7, 1953, have filed an application to summarily vacate the unspecified public easement along the westerly 10 feet of Lot 41; and WHEREAS, on Aug. 7, 1953, a public unnamed easement was recorded across lot 41 as shown on development Map No. 3019; and WHEREAS, this summary 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 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. 3.That the City Council hereby summarily vacates a public unnamed easement over a portion of Lot 41 of Map Number 3019, recorded Aug. 7, 1953, filed in the Office of the County Recorder of the County of San Diego, located at 3851 Park Drive Exhibit 1 Aug. 20, 2024 Item #5 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 Attachment A and shown for the sake of clarity in Attachment B to Exhibit 1, shall be summarily vacated. 5.That the City Clerk is directed to record this Resolution, the legal description (Attachment A) and plat (Attachment B) as reflected in Exhibit 1 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 easement. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 20th day of August, 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: BLACKBURN, BHAT-PATEL, BURKHOLDER, ACOSTA, LUNA. NONE. NONE. NONE. KEITH BLACKBURN, Mayor SHERRY FREISINGER, City Clerk {SEAL) Aug. 20, 2024 Item #5 Page 4 of 7 EXHIBIT A LEGAL DESCRIPTION UNSPECIFIED EASEMENT PD 2024-0006 VAC 2024-0001 A PORTION OF LOT 41 OF CARLSBAD ESTATES, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 3019 FILED IN THE COUNTY RECORDS OFFICE AUGUST 7, 1953 AS FILE NO. 106971 O.R. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 41, THENCE ALONG THE NORTHWESTERLY LINE OF LOT 41, NORTH 26°12'00u EAST, 16.53 FEET TO THE MOST NORTHERLY CORNER OF LOT 41; THENCE ALONG THE NORTHEAST LINE OF LOT 41, SOUTH 63°48'00u EAST, 10.00 FEET; THENCE SOUTH 26°12'00u WEST, 23.57 FEET TO THE SOUTH WESTERLY LINE OF LOT 41; THENCE ALONG SAID LINE NORTH 28°39'00u WEST, 12.23 FEET TO THE BEGINNING. AREA = 200.51 SF Attachment A Aug. 20, 2024 Item #5 Page 5 of 7 VICINITY MAP NO SCALE -051-07 � 0 VE. � Z' PROPERTY LEGAL DESCRIPTION LOT 41 OF CARLSBAD ESTATES, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 3019, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 7, 1953. C --:z_ 0 NO. 27214 ri w fTl � ;:o EXHIBIT B 0::: 3: co L[) L[) t') 0 z WO... U<C Cl:'.2 0.. _j 8 FOOT PUBLIC UTILITIES EASEMENT TO SAN � DIEGO GAS & ELECTRIC COMPANY IN BOOK 5069, PAGE 29 O.R. PUBLIC UTILITIES EASEMENT TO WM. G. [TI KERCKUFF COMPANY IN BOOK 1221, PAGE 14, O.R. EXACT LOCATION CANNOT BE DETERMINED N N � t:: 0 0 t') N z LOT 40 CARLSBAD ESTATES MAP NO. 3019 S63'48'00"E 10.00' s25·12·oo"w 23.57' LOT 41 CARLSBAD ESTATES MAP NO. 3019 POR. LOT I RANCHO AGUA HEDIONDA MAP NO. 823 o·50' POR. LOT I RANCHO AGUA HEDIONDA MAP NO. 823 SCALE: 1 "=50' LEGEND: UNSPECIFIED EASEMENT VACATION VZ7ZJ EXISTING EASEMENT ROAD CENTERLINE * ----'---- �1':(;-_ L\�� / /..e-./L EXISTING LOT /PARCEL LINES ----+--+--++---u?_/_ ;✓.£.....-IZ4r RIGHT-OF-WAY (R/W) -..=;..c.;;--- 6/5/2024 JN-24-1014 Dote DATE MAP BOUNDARY PLAT TO ILLUSTRATE EASEMENT VACATION OF EXISTING 10' EASEMENT OVER LOT 41 OF CARLSBAD ESTATES AS SHOWN ON MAP NO. 3019 REC. AUG. 7, 1953 EASEMENT APN:207-051-07 VAC 2024-0001 PD 2024-0006 SHEET: 1 OF Attachment B Aug. 20, 2024 Item #5 Page 6 of 7 ...J <( IV\ / Fr.A - I CO I .1 I I I w , U I ~I I w I > a::: 0 I ~ I a::: <( a.. I 30'1 I \ ZIMMER RESIDENCE VAC2024-0001 SITE MAP PA R K D R I V E WO O D V A L E D R I V E M O N R O E S T R E E T SITE Exhibit 2 Aug. 20, 2024 Item #5 Page 7 of 7 NOT TO SCALE