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HomeMy WebLinkAbout2021-11-16; City Council; Resolution 2021-249RESOLUTION NO. 2021-249 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SUMMARY VACATION OF RELINQHISHED ACCESS RIGHTS OVER A PORTION OF LOT 5 OF MAP NO. 14926 Exhibit 1 WHEREAS, the City Council of the City of Carlsbad, California has determined that W P C-N Carlsbad Caribou Court LLC, owner of property described as Lot 5 of Map No. 14926, Carlsbad Oaks North Business Park, 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, December 15, 2004, has filed an application to summarily vacate a portion of relinquishment of abutters' rights of access easement along the street frontage of Lot 5 of Map No. 14926; and WHEREAS, the City Planner on January 16, 2019 approved SDP 18-009 to allow development of a 111,937 square-foot two-story self-storage facility on said Lot 5; and WHEREAS, SDP 18-009, via Engineering Condition No. 34 of the letter of approval dated January · 16, 2019, requires the summary vacation of a portion of the relinquished abutters' rights of access easement along the street frontage of said Lot 5; and WHEREAS, the City Engineer has determined that the summarily vacated portion of the relinquished abutters' rights of access easement associated with said driveway is not needed for present or future street'purposes; and WHEREAS, this summary 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 summary 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 summarily vacate said easement, Nov. 16, 2021 Item #2 Page 3 of 7 Attachment A EXHIBIT 'A' V AC 2019-0008 A PROPOSED 40.00 FOOT WIDE ACCESS OPENING FOR LOT 5 PER MAP NO. 14926, CARLSBAD TRACT NO. 97-13-01, CARLSBAD OAKS NORTH, PHASE 1, 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; BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 5 BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF CARIBOU COURT SAID POINT BEING ON A 56.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 55°01 '27" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 88°23'24" AN ARC LENGTH OF 86.39 FEET; THENCE NORTH 56°38'03" WEST A DISTANCE OF 50.00 FEET TO BEGINNING OF A 90.00 FOOT RADIUS CURVE CONCA VE SOUTHWESTERLY; THENCE NORTH WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31 °44'06" AN ARC LENGTH OF 49.85 FEET TO THE BEGINNING OF A 864.00 FOOT COMPOUND CURVE, CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 01°37'51" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°15'33" AN ARC LENGTH OF 34.07 FEET TO THE BEGINNING OF SAID PROPOSED 40.00 FOOT ACCESS OPENING; THENCE CONTINUING ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF . 02°39'll"ANARCLENGTHOF40.01FEETTOTHEENDOFSAIDPROPOSED40.00FOOT ACCESS OPENING. ' EXHIBIT "B" ATTACHED HERETO AND MADE AP ART OF THIS DOCUMENT. Nov. 16, 2021 Item #2 Page 5 of 7 Nov. 16, 2021 Item #2 Page 6 of 7