CA Review ___AF___
Meeting Date: Aug. 20, 2023
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Nichole Fine, Senior Engineer
[email protected], 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Code Section 8333, a public service easement may be summarily vacated by the City Council if the easement has been superseded by relocation or determined to be no longer needed by the easement holder and there are no other public facilities located within the easement.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
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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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Aug. 20, 2024 Item #5 Page 7 of 7
NOT TO SCALE