HomeMy WebLinkAbout2024-08-20; City Council; Resolution 2024-204RESOLUTION 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2.That the City Council finds that the easement has been superseded by relocation, or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
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)
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
VICINITY MAP NO SCALE
-051-07
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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.
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EXHIBIT B
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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
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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)
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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
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