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2.That the City Council finds that the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.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
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
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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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