Loading...
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 1111111111111111111111111111111111111111111111111111111111111111111111 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 PG&$/~ (U.-3.o-\._ 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)