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2024-08-20; City Council; Resolution 2024-203
RESOLUTION NO. 2024-203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SUMMARY VACATION OF A RELINQUISHMENT OF ACCESS RIGHTS OVER A PORTION OF LOT 3 OF SUBDIVISION MAP NO. 14962 LOCATED ON WHIPTAIL LOOP WHEREAS, the City Council of the City of Carlsbad, California has determined that Carlsbad Oaks North Ventures LP, A California limited partnership, owner of property described as Lot 3 of Carlsbad Tract No. 97-13-1, Carlsbad Oaks Phase 1, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 14926, filed in the Office of the County Recorder of San Diego County, Dec. 15, 2004, has filed an application to vacate a portion of relinquishment of access rights along the street frontage of Lot 3 of subdivision Map No. 14926; and WHEREAS, the City Planner on Oct. 31, 2022, approved SDP2021-0016 for the development of three (3) light industrial buildings totaling 67,714 square feet on said Lot 3; and WHEREAS, the letter of approval dated Oct. 31, 2022, for SDP 2021-0016 included Engineering Condition No. 35 which contemplated the vacation of a portion of the relinquished access rights along the street frontage of said Lot 3; and WHEREAS, the City Engineer has determined that the vacated portion of the relinquished access rights 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 access rights 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 city's General Plan; 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: 1.That the above recitations are true and correct. 2.That it is City Council's said intention to vacate a portion of the relinquishment of access rights along the street frontage of Lot 3 of Map No. 14926. 3.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, 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 Recorder's Office, this easement no longer contributes as 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 20th day of August, 2024 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) fw EXHIBIT "A" VAC 2023-0001 LEGAL DESCRIPTION BEGINNING AT THE SOUTHEAST CORNER OF LOT 3 OF CARLSBAD TRACT NO. 97-13-1, 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, SAID CORNER BEING A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WHIPTAIL LOOP (84.00 FEET WIDE); THENCE NORTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE NORTH 11°33'31" WEST 122.35 FEET TO THE TRUE POINT OF BEGINNING FOR THE 40.00 FOOT WIDE ACCESS VACATION; THENCE CONTINUING NORTH 11°33'31" WEST 40.00 FEET TO THE END OF SAID ACCESS VACATION. ATTACHED HERETO IS A DRAWING LABELLED EXHIBIT "B" AND BY THIS REFERENCE MADE A PART HEREOF. 6/05/2024 L.S.6404 ti>. 6404 Attachment A RAMONJ.SP~ EXHIBIT "B" [L@u �� lRal&lP OO©a 'O ® 'O �® - \? � @ � c;l � a 0 8 @ @ � D um\ 8 a � (}!j)® � 00 � @) um\ :z CJl �_.(J1 -I>-(.N (J1 0_. NB4'35'16"E 2B0.24' LEGEND 11=3' 10'04" R=786.00' L=43.46' ACCESS RIGHTS RELINQUISHED \\\\\\ AS DEDICATED PER MAP NO. 14926 VACATION OF RELINQUISHED xxxxx ACCESS RIGHTS ® EXISTING ACCESS OPENINGPER MAP NO. 14926 P.0.8. POINT OF BEGINNING LOT 3 MAP NO. 14926 �ft I") O> I") � 40.00' ACCES�S � VACATION ° JUNE 5, 2024 DATE i--.. z ...... OWNER: CARLSBAD OAKS NORTH VENTURES LP SITE ADDRESS: WHIPTAIL LOOP, CARLSBAD, CA 92010 ENGINEER: 475 PRODUCTION ST., SAN MARCOS, CA 92078 SPEAR c!c ASSOCIATES, INC. (760) 736-2040 WWW.SPEARINC.NET I \ 100 200 SCALE: 1" = 100' CITY OF CARLSBAD LAND DEVELOPMENT ENGINEERING VACATION OF ACCESS PLAT APN# 209-120-02 FILE # VAC 2023-0001 DATE, 6-5-24 SHEET 1 OF 1 20-195REM,D\rlG Attachment B , 00 ...... O"<t" b I ! I I P.O.B. S.E. COR. LOT 3 --- I l----------.----------------t----------7 ,I I I I