HomeMy WebLinkAbout2023-01-24; City Council; Resolution 2023-036RESOLUTION NO. 2023-036
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 3 OF MAP NO. 4393
WHEREAS, the City Council of the City of Carlsbad, California has determined that the Shany
Partnership Agreement, A California General Partnership, the owner of property described as Lot 3 of
Map No. 4393, Linda Estates 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 date, Nov. 16, 1959, has filed an
application to summarily vacate the public utilities easement along the northeasterly 8 feet of Lot 3 of
Map No. 4393; and
WHEREAS, on Nov. 16, 1959, an easement was dedicated to the City of Carlsbad for public
utilities purposes on Map No. 4393; 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, SDG&E and Charter Communications do not have any
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2.That the City Council finds that the easement has been superseded by relocation, or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 utilities easement over a portion
of Lot 3 of Map No. 4393, recorded November 16, 1959, filed in the Office of the County
Recorder of the County of San Diego, located at 3342 Donna 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 this Resolution at the County Recorder's Office, this easement
no longer contributes a public utilities easement.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 24th day of January, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder.
None.
None.
None.
�
KEITH BLACKBURN, Mayor C 1cvmaµo_Kmart� j.,,�HERRY FREISINGER, City Clerk V -(SEAL}
Attachment A
EXHIBIT "A"
LEGAL DESCRIPTION
PUBLIC UTILITY EASEMENT VACATION
VAC 2022-0005
THAT PORTION OF LOT 3 OF LINDA ESTATES UNIT NO. 1 IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 4393 FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16,1959 BEING DESCRIBED AS FOLLOWS:
THE NORTHEASTERLY 8.00 FEET OF SAID LOT 3.
CONTAINING 824 SQUARE FEET, MORE OR LESS.
EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
MAXIMILIAN LEBL, PLS 9323 DATE
EXHIBIT "B"
VICINITY MAP PLAT
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+N . E \
CHESTNUT AVENUE s 1"=1000·\ C \ \ \
I MAP NO. 3906
SEACREST ESTATES UNIT NO. 1
00 LOT9
LOT 8
INDICATES VACATION OF
PUBLIC UTILITY EASEMENT
C> AREA: 824 SQUARE FEET z
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LOT3 _.
0 0
N T""" N
T""" MAP 4393 LINDA ESTATES N
(jl s;j-I-µJ UNIT NO. 1 ~ 0 C> ni I-_J 0 10TH) ESMT TO SDG&E 0
f-_. __J
N (NOW PER B/P 3099-81 O.R.
_.
0 0 co REC. 11/28/1947 ~ co I ~ z
6'-W\DE ESMTTO SDG&E __j
PER B/P 4341_-473 O.R. \
REC. 10/31/1951 I
N23°33'00"W · 112.43' I
C> I DONNA DRIVE C")
i I
I
NOTE: BEARINGS AND DISTANCES BASED ON MAP 4393
PASCO LARET SUITER SCALE: 1"=40'
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San Diego I Encinitas I Orange County
Phone 858.259.8212 I www.plsaengineering.com
LEGEND
LOT LINE
RIGHT-OF-WAY LINE
CENTER LINE
INDICATES VACATION OF
[Z:,Z,7--L-7...L'.7..ff"".L½J PUBLIC UTILITY
EASEMENT AREA: 824
SQUARE FEET
EASEMENT NOTES (PER ORDER# DIV-6876527):
ITEMS 1 THROUGH 3 ARE NON-MAPPING ITEMS
AND HAVE BEEN OMITTED HEREON.
4
5
6
AN EASEMENT FOR RIGHT OF WAY AND
INCIDENTAL PURPOSES IN THE
DOCUMENT RECORDED AS BOOK 3099,
PAGE 81 OF OFFICIAL RECORDS.
[PLOTTED]
AN EASEMENT FOR RIGHT OF WAY AND
INCIDENTAL PURPOSES IN THE
DOCUMENT RECORDED AS BOOK 4341 ,
PAGE 473 OF OFFICIAL RECORDS.
[PLOTTED]
COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS IN THE
DOCUMENT RECORDED NOVEMBER 27,
1959 AS BOOK 8015, PAGE 479 OF
OFFICIAL RECORDS.
[NOT PLOTTABLE, BLANKET IN NATURE]
ITEMS 7 THROUGH 11 ARE NON MAPPING ITEMS
AND HAVE BEEN OMITTED HEREON.
DATE
VACATION OF PUBLIC
UTILITY EASEMENT
SHEET 1 OF 1
VAC 2022-0005