HomeMy WebLinkAbout2025-06-24; City Council; 02; Quitclaiming a water easement and transferring ownership of the facilities at the Hope Elementary School Campus, PD 2020-0049, VAC 2021-0001CA Review CDS
Meeting Date:
June 24, 2025
To: Mayor/President and City Council/Board Members
From: Geoff Patnoe, City Manager and Executive Manager
Staff Contact: Jason Geldert, Engineering Manager
Jason.geldert@carlsbadca.gov, 442-339-2758
Subject: Quitclaiming a water easement and transferring ownership of the facilities
at the Hope Elementary School Campus, PD 2020-0049, VAC 2021-0001
District: 2
Recommended Action
1. Adopt a resolution of the City Council quitclaiming a water easement over a portion of Lot
“J” of Rancho Agua Hedionda, Map No. 823 located at 3010 Tamarack Avenue, VAC 2021-
0001 to the Carlsbad Unified School District.
2. Adopt a resolution of the Carlsbad Municipal Water District Board of Directors approving
the transfer of ownership of the facilities within the quitclaimed easement located at 3010
Tamarack Avenue to the Carlsbad Unified School District.
Executive Summary
As a condition of an approved grading permit, the Carlsbad Unified School District is requesting
approval to transfer ownership and maintenance responsibility of existing water facilities at
Hope Elementary School from the Carlsbad Municipal Water District to the Carlsbad Unified
School District. City staff support this request.
Carlsbad Municipal Code requires City Council approval to first quitclaim the utility easement,
followed by the Carlsbad Municipal Water District Board of Directors’ approval to transfer
ownership of the facilities within the quitclaimed easement to the Carlsbad Unified School
District.
Explanation & Analysis
As part of the 1986 construction of Hope Elementary School, located at 3010 Tamarack Ave.,
the Carlsbad Unified School District granted a water easement to the City of Carlsbad for a
public fire hydrant and water lines. An easement gives public agencies and utilities the right to
enter onto and use property they do not own for certain reasons, such as maintaining
infrastructure. Since then, the Carlsbad Municipal Water District has been responsible for
maintenance and repair of the facilities within the easement.
In 2020, the Carlsbad Unified School District initiated plans to significantly redevelop the school
site, which triggered the requirement for a grading permit from the city. As a condition of the
June 24, 2025 Item #2 Page 1 of 17
Docusign Envelope ID: 50A66D1E-896E-4415-8FE4-8CB0A5F03F79
grading permit (PD 2020-0049), the school district was required to assume ownership and
maintenance responsibility of the fire hydrant and waterlines.
The system has been designed and installed to conform to established city plumbing standards
in accordance with the approved grading and construction plans.
To satisfy the permit condition, staff are recommending that the City Council quitclaim the
water easement to the Carlsbad Unified School District and that the Carlsbad Municipal Water
District Board of Directors approve the transfer of ownership of the facilities within the
quitclaimed easement to the Carlsbad Unified School District. Quitclaiming the easement will
transfer and relinquish any existing interest or right in the easement to the Carlsbad Unified
School District.
Fiscal Analysis
There are no fiscal impacts associated with the quitclaim of the easement. All fees necessary to
process this quitclaim have been paid by the school district.
Next Steps
Upon approval of the City Council and Carlsbad Municipal Water District Board of Directors, the
City Clerk will record the attached quitclaim deed and other required recording documents with
the San Diego County Office of the Recorder.
Environmental Evaluation
The proposed quitclaim deed and transferring ownership of the facilities does not qualify as a
project under the California Environmental Quality Act under California Public Resources Code
Section 21065 in that it has no potential to cause either a direct physical change or a reasonably
foreseeable indirect physical change in the environment and therefore does not require
environmental review.
Exhibits
1. City Council resolution
2. Carlsbad Municipal Water District Board of Directors resolution
3. Location Map
June 24, 2025 Item #2 Page 2 of 17
Docusign Envelope ID: 50A66D1E-896E-4415-8FE4-8CB0A5F03F79
Exhibit 1 RESOLUTION NO. 2025-147
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, QUITCLAIMING A WATER EASEMENT OVER A PORTION OF LOT
“J” OF RANCHO AGUA HEDIONDA, MAP NO. 823 LOCATED AT 3010
TAMARACK AVENUE, VAC 2021-0001 TO THE CARLSBAD UNIFIED SCHOOL
DISTRICT
WHEREAS, on Sept. 23, 1986, an easement was dedicated to the City of Carlsbad for waterline
purposes recorded as instrument no. 86-420851 of official records attached hereto as Attachment A;
and
WHEREAS, the City Council of the City of Carlsbad, California has determined that the Carlsbad
Unified School District, owner of that portion of Lot “J” of Map No. 823, Rancho Agua Hedionda, filed
in the Office of the County Recorder of the County of San Diego on Nov. 16, 1896, has filed an
application with the city to quitclaim a waterline easement over the property; and
WHEREAS, said waterline easement is not required for the purpose for which it was granted
and is not now, nor is it contemplated to be, needed for future public waterline purposes; and
WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest
to quitclaim 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.The proposed quitclaim deed does not qualify as a project under the California
Environmental Quality Act under California Public Resources Code Section 21065 in that
it has no potential to cause either a direct physical change or a reasonably foreseeable
indirect physical change in the environment and therefore does not require
environmental review.
3.That the existing easement, attached hereto as Attachment A, on file with the City Clerk
of the City of Carlsbad and incorporated herein by reference, is approved.
4.That the Mayor is authorized and directed to execute the quitclaim deed, attached
hereto as Attachment B, and the City Clerk is hereby authorized and directed to record
said document.
June 24, 2025 Item #2 Page 3 of 17
Docusign Envelope ID: 50A66D1E-896E-4415-8FE4-8CB0A5F03F79
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 24th day of June, 2025, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
______________________________________
KEITH BLACKBURN, Mayor
______________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
June 24, 2025 Item #2 Page 4 of 17
Docusign Envelope ID: 50A66D1E-896E-4415-8FE4-8CB0A5F03F79
Existing Easement Attachment A
June 24, 2025 Item #2 Page 5 of 17
Docusign Envelope ID: 50A66D1E-896E-4415-8FE4-8CB0A5F03F79
Existing Easement
June 24, 2025 Item #2 Page 6 of 17
Docusign Envelope ID: 50A66D1E-896E-4415-8FE4-8CB0A5F03F79
Existing Easement
June 24, 2025 Item #2 Page 7 of 17
Docusign Envelope ID: 50A66D1E-896E-4415-8FE4-8CB0A5F03F79
Existing Easement
June 24, 2025 Item #2 Page 8 of 17
Docusign Envelope ID: 50A66D1E-896E-4415-8FE4-8CB0A5F03F79
Existing Easement
June 24, 2025 Item #2 Page 9 of 17
Docusign Envelope ID: 50A66D1E-896E-4415-8FE4-8CB0A5F03F79
Doc ER-11-0606/17/2025
RECORDING REQUESTED BY:
City of Carlsbad
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad Municipal
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
QUITCLAIM DEED OF EASEMENT
The undersigned grantor(s) declare(s): Assessor’s Parcel No(s).: 167-101-11-00
Documentary transfer tax is $ 0 (easement)
( ) computed on full value of property conveyed, or Project ID: PD2020-0049
( ) computed on full value less value of liens and Related Project ID(s):
encumbrances remaining at time of sale
( ) Unincorporated area:
( X ) City of Carlsbad Project Name: Hope Elementary School
Modernization
City of Carlsbad, a California Municipal Corporation, (“Grantor”), for a valuable consideration, the
receipt and adequacy of which are hereby acknowledged, does hereby remise, release, and quitclaim
to Carlsbad Unified School District (“Grantee”) all right, title, and interest in the property described in
Exhibit A attached hereto and made a part of hereof. Exhibit B is attached for clarity only.
Executed on ,
20 , at Carlsbad California GRANTOR: City of Carlsbad, a Municipal
Corporation
By __________________________________
KEITH BLACKBURN, Mayor
ATTEST:
____________________________________
SHERRY FREISINGER, City Clerk
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Attachment B
June 24, 2025 Item #2 Page 10 of 17
Docusign Envelope ID: 50A66D1E-896E-4415-8FE4-8CB0A5F03F79
Doc ER-11-0606/17/2025 June 24, 2025 Item #2 Page 11 of 17
Docusign Envelope ID: 50A66D1E-896E-4415-8FE4-8CB0A5F03F79
“EXHIBIT A”
LEGAL DESCRIPTION
PORTIONS OF LOT "J" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP
THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
PARCEL “A”
A STRIP OF LAND 15.00 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF WILSHIRE AVENUE
WITH THE CENTERLINE OF TAMARACK AVENUE (60 FEET WIDE) AS SHOWN ON MAP
NO. 11286, RECORDED JULY 15, 1985;
THENCE NORTH 26°10’23” EAST 85.36 FEET ALONG SAID CENTERLINE OF TAMARACK
AVENUE;
THENCE NORTH 63°49’37” EAST 11.00 FEET TO THE BEGINNING OF A CURVE CONCAVE
EASTERLY AND HAVING A RADIUS OF 789.00 FEET, THROUGH WHICH POINT A RADIAL
LINE BEARS SOUTH 63°49’37” WEST;
THENCE NORTHERLY 128.64’ FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 9°20’30”
THENCE TANGENT TO SAID CURVE NORTH 16°49’53” WEST 35.40 FEET TO THE POINT
OF BEGINNING;
THENCE SOUTH 63°49’37” WEST 91.21 FEET TO A POINT HEREINAFTER REFERRED AS
“POINT A”;
THENCE CONTINUING SOUTH 63°49’37” WEST 242.00 FEET;
THENCE SOUTH 26°10’23” EAST 46.00 FEET.
THE SIDELINES OF SAID STRIP TO BE EXTENDED OR SHORTENED TO TERMINATE AT
THE WESTERLY LINE OF SAID TAMARACK AVENUE.
PAGE 1 0F 2
Exhibit A
June 24, 2025 Item #2 Page 12 of 17
Docusign Envelope ID: 50A66D1E-896E-4415-8FE4-8CB0A5F03F79
PARCEL “B”
A STRIP OF LAND 15.00 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT THE ABOVE DESCRIBED “POINT A”;
THENCE SOUTH 26°10’23” EAST 204.18 FEET;
THENCE NORTH 63°49’37” EAST 12.00 FEET.
ALL AS MORE PARTICULARLY SHOWN ON “EXHIBIT B” ATTACHED HERETO AND
MADE A PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS,
RIGHTS-OF-WAY AND EASEMENTS OF RECORD, IF ANY.
THE ABOVE-DESCRIBED LAND IS THE SAME LAND DESCRIBED IN THAT CERTAIN
GRANT DEED TO THE CITY OF CARLSBAD RECORDED SEPTEMBER 23, 1986 AS
INSTRUMENT NO. 86-420851, OFFICIAL RECORDS OF SAN DIEGO COUNTY.
________________________________
XICOTENCATL E. SALAZAR, PLS 5507
DATE: JANUARY 22, 2021
LICENSE EXPIRES 9/30/22
PAGE 2 0F 2
Exhibit A
June 24, 2025 Item #2 Page 13 of 17
Docusign Envelope ID: 50A66D1E-896E-4415-8FE4-8CB0A5F03F79
June 24, 2025 Item #2 Page 14 of 17
Docusign Envelope ID: 50A66D1E-896E-4415-8FE4-8CB0A5F03F79
Exhibit 2
RESOLUTION NO. 1774
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT, APPROVING THE TRANSFER OF OWNERSHIP
OF THE FACILITIES WITHIN THE QUITCLAIMED EASEMENT LOCATED AT 3010
TAMARACK AVENUE TO THE CARLSBAD UNIFIED SCHOOL DISTRICT
WHEREAS, on Sept. 23, 1986, an easement was dedicated to the City of Carlsbad for waterline
purposes recorded as instrument no. 86-420851 of official records; and
WHEREAS, the Carlsbad Unified School District, owner of that portion of Lot “J” of Map No. 823,
Rancho Agua Hedionda, filed in the Office of the County Recorder of the County of San Diego on Nov.
16, 1896, filed an application with the City of Carlsbad to quitclaim a waterline easement over the
property; and
WHEREAS, Carlsbad Municipal Water District owns waterline facilities within the easement; and
WHEREAS, Carlsbad Unified School District will convert existing publicly-owned water facilities
within said easement into school district-owned water facilities; and
WHEREAS, this conversion is consistent with the Carlsbad Municipal Water District’s current
practice to design water systems on private property as private water systems, when feasible.
NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of the City
of Carlsbad, California, as follows:
1.That the above recitations are true and correct.
2.The transferring ownership of the facilities does not qualify as a project under the
California Environmental Quality Act under California Public Resources Code Section
21065 in that it has no potential to cause either a direct physical change or a reasonably
foreseeable indirect physical change in the environment and therefore does not require
environmental review.
3.That the Carlsbad Municipal Water District Board of Directors approves the transfer of
ownership of said water facilities to the Carlsbad Unified School District.
June 24, 2025 Item #2 Page 15 of 17
Docusign Envelope ID: 50A66D1E-896E-4415-8FE4-8CB0A5F03F79
PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal
Water District of the City of Carlsbad on the 24th day of June, 2025, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
______________________________________
KEITH BLACKBURN, President
______________________________________
SHERRY FREISINGER, Secretary
(SEAL)
June 24, 2025 Item #2 Page 16 of 17
Docusign Envelope ID: 50A66D1E-896E-4415-8FE4-8CB0A5F03F79
T
A
M
A
R
A
C
K
A
V
WILSHI
R
E
A
V
G
R
E
E
N
W
I
C
H
S
T
C H ATH AMRD
C
A
R
L
S
B
A
D
V
I
L
L
A
G
E
D
R
CHESHI R E
A
V
SEASIDE
W
Y
WINTHROP
A
V
SOM
E
R
S
E
T
W
Y
E
L
C
AMINO
R
E
A
L
LA COSTA AV
A L G A R D
C
A
R
L
S
B
A
D
B
L
VAC2021-0001
3010 Tamarack Ave.
SITE MAP
J
SITE
Map generated on: 5/5/2025
Exhibit 3
June 24, 2025 Item #2 Page 17 of 17
Docusign Envelope ID: 50A66D1E-896E-4415-8FE4-8CB0A5F03F79