HomeMy WebLinkAbout2017-02-14; City Council; Resolution 2017-026RECORDING REQUESTED BY:
Carlsbad City Clerk's Office
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
DOC# 2017-0086719
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Feb 23, 2017 09:55 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES $33.00
PAGES 7
SPACE ABOVE THIS LINE FOR RECORDER'S USE
City of Carlsbad
RESOLUTION NO. 2017-026
RESOLUTION NO. 2017-026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A SUMMARY VACATION TO VACATE 52 FEET OF
RELINQUISHMENT OF ABUTTERS' RIGHTS OF ACCESS EASEMENT ON LOT 8
OF MAP NO. 14926, LOCATED AT THE NORTHEAST CORNER OF WHIPTAIL
LOOP EAST AND FARADAY AVENUE.
CASE NAME:
CASE NO.:
CARLSBAD OAKS LOT 8
STV 16-03
EXHIBIT 1
WHEREAS, the City Council of the City of Carlsbad, California has determined that RAF Group
Lot 8 LLC, a Delaware Limited Liability Company, owner of property described as Lot 8 of CT 97-03,
Carlsbad Oaks North Phase 1, in the City of Carlsbad, County of San Diego, State of California, according
to Map thereof No. 14926 filed in the Office of the County Recorder of San Diego County on December
15, 2004, has filed an application to vacate a portion of relinquishment of abutters' rights of access
easement between Whiptail Loop East and Lot 8 of CT 97-03; and
WHEREAS, the City Planner on September 6, 2016 approved SDP 16-10 to allow development
of a 168,000 multi-tenant warehouse building on said Lot 8; and
WHEREAS, Engineering Condition No. 13 of the letter of approval for SDP 16-10 dated
September 6, 2016, contemplated the vacation of a portion of the relinquished abutters' rights of
access easement between Whiptail Loop East and said Lot 8; and
WHEREAS, the City Engineer has determined that the 52 foot long vacated portion of the
relinquished abutters' rights of access easement aligned with said driveway is not needed for present
or future street purposes; and
WHEREAS, this vacation is made pursuant to Section 8333 of the California Streets and
Highways Code; and
WHEREAS, the relinquishment of abutters' rights of access easement is not useful as a non-
motorized transportation facility; and
WHEREAS, the proposed vacation is in accordance with Growth Management Policies and is
consistent with the General Plan of the city; and
WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest
to vacate said easement.
EXHIBIT 1
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 City Council hereby approves a summary vacation to vacate 52 feet of
relinquishment of abutters' rights of access easement on Lot 8 of Map No. 14926, located at the
northeast corner of Whiptail Loop East and Faraday Avenue.
3. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highway Code,
said excess easement more particularly described in Exhibit A and shown for the sake of clarity in
Exhibit B, shall be summarily vacated.
4. The City Clerk is directed to record this resolution, the attached legal description and
plat in the Office of the County Recorder of San Diego County.
5. That upon recordation of this Resolution at the County Recorders, this easement no
longer constitutes a public street or public service easement.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 14th day of February, 2017, by the following vote, to wit:
AYES: M. Hall, K. Blackburn, C. Schumacher, M. Packard.
NOES: None.
ABSENT: M. Schumacher.
(SEAL)
EXHIBIT 'A'
STV 16-03
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EXHIBIT 2
PROPOSED 52 FOOT ACCESS RIGHTS FOR LOT 8 OF MAP NO. 14926, CARLSBAD
TRACT NO. 97-13-01, RECORDED AS FILE NO. 2004-1180065 ON DECEMBER 15,2004 IN
THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS AND
ILLUSTRATED AS EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF THIS
DOCUMENT:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 8 AND SAID POINT LYING
ON THE EASTERLY RIGHT-OF-WAY OF WHIPTAIL LOOP AND SAID POINT BEING ON
A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 664.00 FEET; THENCE
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30° 20' 4811, AN
ARC LENGTH OF 351.69 FEET; THENCE SOUTH 20 o 01'21 11 EAST A DISTANCE OF 90.85
FEET TO THE BEGINNING OF THE PROPOSED 52 FOOT ACCESS RIGHTS; THENCE
CONTINUING ALONG SAID BEARING, SOUTH 20° 01' 21 11 EAST A DISTANCE OF 52.00
FEET TO THE END THEREOF.
EXHIBIT "8"
STV 16-03
PROPOSED VACA 170N OF RELINQIJISHMENT OF
ACCESS RIGHTS TO CREATE 52' lf!OE ACCESS
LECENO
'7////////7////ffi ACCESS RIC/ITS RELINOUISIIEiJ CRANTEiJ PER MAP 14928
--SCALE· !"=200'-----STREET CENTERLINE
STREET RICIIT-OF-WA Y LINE
N8t•tJ'56,"£ MAP 15505 LOT 13 "£ 257.72 --....._-
POINT OF CONAIENCEAIENT "13'53'40, ~~~ Nt· 326.03
Jk:::::.._;~~-~~.d=:.-1025'45"
LOT 6
£%C£l £Mi/N££1l/N6
"IP STAT£ PLACE
E'SCDVDI~ CA !ll'IJ29
PIOE' (76/1) 7"5-8118 --
R=750.00'
L=!.Jo.S2 ' MAP 14926
LOT 8
APN 209-120-07
.PROPOS£[} VACA 110N OF RELIN()t/ISIIAIENT
OF ACCESS RIC/ITS TO CREATE A 52'
HfiJE ACCESS. ~t. ·ou.
" •0~ oA
·15'59 ~~' ,oo· v26 oo , w62~j.s1 ~ ~,..::::2
---0 200 400
!
A NOT TO ~ SCALE
LOCATION MAP
NOT TO SCALE
PROJECT NAME
CARLSBAD OAKS LOT 8
PLOTTE:D BY: SCOTT EVANS PLOT DATE:I/19/17 PA1H:D: \DEVELOPMENT PRO.EC15\STV\AUTOCAD\STY16-0J.DWG
PROJECT NUMBER
STV16-03
EXHIBIT
2
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ) ss.
11 Faviola Medina/ Deputy City Clerk of the City of Carlsbad/ County of San Diego/
State of California/ hereby certify that I have compared the foregoing copy with the original
RESOLUTION NO. 2017-026 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, APPROVING A SUMMARY VACATION TO VACATE 52 FEET OF RELINQUISHMENT
OF ABUTTERS/ RIGHTS OF ACCESS EASEMENT ON LOT 8 OF MAP NO. 14926, LOCATED AT
THE NORTHEAST CORNER OF WHIPTAIL LOOP EAST AND FARADAY AVENUE. CASE NAME:
CARLSBAD OAKS LOT 8; CASE NO.: STV 16-03 with the original now on file in the Office of
the City Clerk of the City of Carlsbad; that the same contains a fult true and correct
transcript therefrom and of the whole thereof.
Witness my hand and the seal of said City of Carlsbad/ this 16TH day of February/
2017.
(SEAL)