Loading...
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3.The proposed summary vacation meets the California Streets and Highway Code Section 8333(() as the easement has been superseded by relocation and there are no public facilities located within the easement. 4.That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and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.