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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 -· 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 i L---~~ a::: LOS ROBLES "' z 0 PROJECT ~ LOCATION 59 60 61 ... 0 \. -~ COAST HWY VICI NITY MAP