HomeMy WebLinkAbout2023-06-20; City Council; Resolution 2023-177RESOLUTION NO. 2023-177
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A SUMMARY VACATION OF RELINQUISHMENT OF
ACCESS RIGHTS OVER A PORTION OF LOT 13 OF MAP NO. 15013
WHEREAS, the City Council of the City of Carlsbad, California has determined that BRE 3261
Lionshead LLC, owner of property described as Lot 13 of Map No. 15013, Carlsbad Raceway, 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, May 3, 2005, has filed an application to vacate a portion of relinquishment of
abutters' rights of access easement along the street frontage of Lot 13 of Map No. 15013; and
WHEREAS, the City Planner on Oct. 5, 2021, approved AMEND2021-0004 to allow parking lot
changes on said Lot 13; and
WHEREAS. AMEND2021-0004 via Engineering Condition No. 9 of the letter of approval dated
Oct 5, 2021, contemplated the vacation of a portion of the relinquished abutters' rights of access
easement along the street frontage of said Lot 13; and
WHEREAS, the City Engineer has determined that the vacated portion of the relinquished
abutters' rights of access easement aligned with the proposed driveways is not needed for present or
future street purposes; and
WHEREAS, this vacation is made pursuant to Section 8333{C) of the California Streets and
Highways Code; and
WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest
to vacate said easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
l.
2.
That the above recitations are true and correct.
That it is City Council's said intention to vacate a portion of the relinquishment of
abutters' rights of access along the street frontage of Lot 13 of Map No. 15013.
3.The proposed summary vacation meets the California Streets and Highway Code Section
8333(() as the easement has been superseded by relocation and there are no public
facilities located within the easement.
4.That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highways
Code, said access easement more particularly described in Attachment A and shown for
the sake of clarity in Attachment B, shall be summarily vacated.
5.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.
6.That upon recordation of this resolution at the County Recorder's Office, this easement
no longer contributes a public street or public service agreement.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 20th day of June, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
�
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Attachment A
EXHIBIT "A"
LEGAL DESCRIPTION OF SUMMARY VACATION
VAC2021 -0003
ALL THAT PORTION OF RELINQUISHED RIGHTS OF ACCESS
PER MAP NO. 15013, CAl~LSBAD TRACT NO. 98-10,
RECORDED P.,S FILE NO. 2005-0371022 ON MAY 3, 2005
IN TH E OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, STA TE OF CALIFORNIA, WITHIN THE FOLLOWING
DESCRIBED REAL PROPERTY:
PARCEL A AS SHOWN ON LOT LINE ADJUSTMENT
OR PARCEL MERGER NO. ADJ 06-07, CE 060030,
AS EVIDENCE BY DOCUMENT RECORDED AUGUST 27, 2007
AS INSTRUMENT NO. 2007-0568170, OF OFFICIAL RECORDS.
N
POIN
S
E
T
T
I
A
A
V
E
EXHIBIT "B"
N
LION
S
H
E
A
D
A
V
E
B
U
S
I
N
E
S
S
P
A
R
K
D
R
.
L.S. 7972
EXP. 12/31/16
8/5/21
Attachment B
VAC2021-0003
PROPOSED SUMMARY VACATION
OF
RELI NQU ISHME NT OF ACCESS RIGHTS
36' ACCESS
OPE NING
MAP No. 15013
(TYPICAL)
L=16. 94'
R=600.00'
D=1 ·37'02"
~ ~ V) -, ,-..;
~::,..: u~
~ ~
>.. cJ h
cJ 8
~---
---------------
L=57.58'
R=634.00'
D=5°12'14"
ELI NQU ISHED RIGH TS OF ACCESS
PER MAP No. 15013 --SCALE: 1 "=200'
TO BE SUMMARILY VACATED .
(HATCHED AREA)
BASIS OF BEARING V IC IN ITY MA P
NOT TO SCALE
CITY OF OCEANS/OE_
t
CENTERLI NE BEARING OF LIONS HEAD AVE.
AS SHOWN ON MAP No. 15013,
PACIFIC
OCEAN
CITY OF ENCINITAS
SH EETS 16 & 17 OF 22 SHEETS
DEPICTED AS NS8°35'06"E
<y CITY OF VISTA STORM DRAIN EASEMEN T
PER FILE/PAGE No. 87-609285 0 20' CITY OF CARLSBAD STORM DRAIN
EASEM ENT PER MAP No. 1501 3 <» CITY OF VISTA SEWER EASEMENT PER
DOC# 2004-1160412 <9 CITY OF VISTA SEWER EASEMENT PER
FILE/PAGE No. 86-441 919
M 20' CITY OF CARLSBAD V STORM DRAIN ACCESS
EAS EMENT PER MAP No. 15013
~ SDGE EASEMENT PER DOC.# 2005-07411 98
O IND ICATES DIMEN SION POINT W CITY OF VISTA SEWER EASEMENT PER
-------PROPERTY BOUNDARY LI NE DOC# 2004-11 60413
--- ---RIGHT OF WAY LINE <w SITE DISTANCE CORR ID OR
---RIGHT OF WAY CENTERLI NE (MAP No. 15013)
- - - - - - -EASEMENT OR SETBAC K LINE 1 OF 1
NEX US
3 D C ON S ULTING
NEXUB3D .CCM
220 108th STREET BAKERSFIELD, CA. 93301
PH: (661) 205-5228 EMAIL: AAR0N@NEXUS3D.C0M
AME ND2021 -0004.