HomeMy WebLinkAbout2022-07-19; City Council; Resolution 2022-185RESOLUTION NO. 2022-185
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 14 OF MAP NO. 4032
WHEREAS, the City Council of the City of Carlsbad, California has determined that Blake Baldwin,
the owner of property described as Lot 14 of Map No. 4032, Village Homes 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 Dec. 17, 1958, has filed an application to summarily vacate the public utilities
easement along the southerly 8 feet of Lot 14 of Map No. 4032; and
WHEREAS, on Dec. 17, 1958, an easement was dedicated to the City of Carlsbad for public
utilities purposes on Map No. 4032; 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 and SDG&E currently do not have any facilities and have
no interest in the easement; and
WHEREAS, said 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 said 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2.That the City Council finds that the easement has been superseded by relocation, or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 summarily vacates a public utilities easement over a portion of Lot
14 of Map No. 4032, recorded Dec. 17, 1958, filed in the Office of the County Recorder
of the County of San Diego, located at 965 Home Avenue.
f
Exhibit 1
July 19, 2022 Item #7 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 Exhibit A and shown for the
sake of clarity in Exhibit B to Attachment A, shall be summarily vacated.
5.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 constitutes a public utilities easement.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 19th day of !!:!.!,y, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Acosta.
None.
Norby.
� 1',,,,-FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
July 19, 2022 Item #7 Page 4 of 7
July 19, 2022 Item #7 Page 5 of 7
"EXHIBIT A"
LEGAL DESCRIPTION
PUBLIC UTILITIES EASEMENT VACATION
VAC 2022-0001
AN EASEMENT FOR PUBLIC UTILITY PURPOSES LYING WITHIN LOT 14 OF VILLAGE
HOMES UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 4032, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 17, 1958 DESCRIBED AS
FOLLOWS:
THE SOUTH 8 FEET OF LOT 14 OF VILLAGE HOMES UNIT NO. 1, MAP NO. 4032, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 17,
1958.
1r)· 1(,tR.u~
MICHAEL K. CL YBU~f1 L.S. 8259
APRIL 3, 2022
July 19, 2022Item #7 Page 6 of 7N "EXHIBIT B" VAC 2022-0001 LEGEND -INDICATES LOT 14 BOUNDARY CURVE DATA NO. DELTA RADIUS LENGTH Ct 6°01'12" 225' 23.64' a 30' 60' --INDICATES EXISTING PUBLIC UTILITIES EASEMENT 'lZZ,ZJINDICATES EXISTING PUBLIC UTILITIES EASEMENT TO BE VACATED RADIAL BEARINGS NO. RADIAL BEARING Rt S 56°10'01" E l ~ I SCALE: 1" = 30' N ,n~~"<-~~ MICHAEL K. CLYBURN APRIL 3, 2022 Traverse PC VICINITY MAP (NO SCALE) \t/ ~ 'c-\ (\\. SITE I I / I / / / I I I <s, R2 S 50°08'49" E <! tl \) ~ / ---/ _....-« -----ts 11,.,J~ / __,-CI N r / C\~ / ~ 00 _/ N\~ / ~ / ' ) " ~ / ~ ~ / ~/ ~o / / . 15°0 , •• , • ~ ~ / / ,I></ ~ ~·/ / ' cP/ , / \~ / / \~ / \d' ~~/ fd-ro-r;;. / (5\ 1(:5/ \~ ~~/ \ / A LOT 14 \ // .P.N. 203-130 V (8442 SqFt} -14 B' PUBLIC UTILITIES EASEMENT TO BE VACATED ¼I~ 0) ~ C\) ('<'J r--. 0 0 a < ix,