HomeMy WebLinkAbout2025-06-24; City Council; Resolution 2025-147Exhibit 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.
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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)
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Existing Easement Attachment A
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Existing Easement
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Existing Easement
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Existing Easement
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Existing Easement
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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
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“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.
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Exhibit A
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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
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