HomeMy WebLinkAbout2026-04-14; City Council; 04; Grant a quitclaim deed of easement to Palomar Airport Partners LLC at the BP/ARCO Facility 5792 at 1991 Palomar Airport RoadMeeting Date:
To:
From:
Staff Contact:
Subject:
District:
April 14, 2026
President and Board Members
Geoff Patnoe, Executive Manager
Dave Padilla, Assistant General Manager
dave.padilla@carlsbadca.gov, 442-339-2356
Markus Mohrle, Utilities Senior Engineer
markus.mohrle@carlsbadca.gov, 442-339-2322
CA Review TL
Grant a quitclaim deed of easement to Palomar Airport Partners LLC at
the BP/ARCO Facility 5792 at 1991 Palomar Airport Road
2
Recommended Action
Adopt a Carlsbad Municipal Water District Board of Directors resolution approving a quitclaim
deed of easement over Assessor's Parcel Number 213 -092-17-00, located at the BP/ARCO
Facility 5792, 1991 Palomar Airport Road, CUP 91-03C.
Executive Summary
Staff are requesting the Carlsbad Municipal Water District, or CMWD, Board's approval to
terminate (or "quitclaim") a water easement giving access to the CMWD to an area of land at
the BP/ARCO gas station located at 1991 Palomar Airport Road. Easements like this one give the
CMWD access to private property to install or maintain public infrastructure. This easement
was granted in 1983 for the construction of a public potable water pipeline to serve a public fire
hydrant.
The property is being redeveloped, and the public fire hydrant will be relocated off the private
parcel, so staff recommend that the CMWD easement be terminated.
The CMWD Board's approval is required because the CMWD Code and ordinances do not
provide authority to the Executive Manager or designee to approve quitclaim deeds.
April 14, 2026 Item #4 Page 1 of 9
Explanation & Analysis
• Palomar Airport Partners, LLC, a California limited liability company, granted a water
easement to the Costa Real Municipal Water District {recorded as Instrument No. 83-
362175) in 1983 for a public water main across a portion of its property to serve a public
fire hydrant.
• The Costa Real Municipal Water District became a subsidiary district of the City of
Carlsbad in 1990 and was renamed the Carlsbad Municipal Water District.
• The city and the CMWD entered into an operational agreement in 1991 in which all the
city's water-related assets were transferred to the CMWD.
The city approved Palomar Airport Partners, LLC's plan to make improvements to the BP/ARCO
Facility 5792 on Jan. 11, 2023, {Private Development Plan GR2023-0002). The approved grading
plan for that project includes upgrades to the existing gas station with car wash structures and
drainage facilities and moving the public fire hydrant off the site.
The easement is no longer needed given the relocation of the hydrant off the private parcel.
Fiscal Analysis
Quitclaiming this easement has no fiscal impacts.
Next Steps
With the CMWD Board's approval, the Secretary to the Board will record the attached quitclaim
deed of easement in Exhibit 1, Attachment A, and other required recording documents with the
San Diego County Office of the Recorder.
Environmental Evaluation
The proposed action is not a "project" as defined by California Environmental Quality Act, or
CEQA, Section 21065 and CEQA Guidelines Section 15378{a) and does not require
environmental review under CEQA Guidelines Section 15060{c){2) because the action is limited
to the execution of a quitclaim deed of easement for a public fire hydrant that is no longer
needed. The action has no potential to cause either a direct physical change in the environment
or a reasonably foreseeable indirect physical change in the environment.
Exhibits
1. CMWD Board resolution
2. Location map
April 14, 2026 Item #4 Page 2 of 9
RESOLUTION NO. 1802
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING A QUITCLAIM DEED OF EASEMENT OVER ASSESSOR'S PARCEL
NUMBER 213-092-17-00, LOCATED AT THE BP/ARCO FACILITY 5792, 1991
PALOMAR AIRPORT ROAD, CUP 91-03C
Exhibit 1
WHEREAS, the Carlsbad Municipal Water District, or CMWD, has determined that private
improvements constructed for BP/ARCO Facility 5792 at 1991 Palomar Airport Road (Assessor's Parcel
Number 213-092-17-00) have removed all public water facilities from a CMWD water easement over
their property; and
WHEREAS, on Oct. 6, 1983, a water easement was granted to the Costa Real Municipal Water
District as Instrument No. 83-362175; and
WHEREAS, the CMWD is the successor in interest to the water easement; and
WHEREAS, the water easement is no longer required for the purpose for which it was granted,
nor will it be needed for any future public water purpose; and
WHEREAS, the CMWD Board of Directors has determined it necessary, desirable and in the
public interest to approve a quitclaim deed of easement to Palomar Airport Partners, LLC, a California
limited liability company, for the water easement.
NOW, THEREFORE, BE IT RESOLVED by the CMWD Board of Directors of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the CMWD Board has determined that the proposed action is not a "project" as defined
by California Environmental Quality Act, or CEQA, Section 21065 and CEQA Guidelines
Section 15378(a) and does not require environmental review under CEQA Guidelines
Section 15060(c)(2) because the action is limited to the execution of a quitclaim deed of
easement for a public fire hydrant that is no longer needed. The action has no potential to
cause either a direct physical change in the environment or a reasonably foreseeable
indirect physical change in the environment.
3. That the quitclaim deed of easement over Assessor's Parcel Number 213-092-17-00, located
at the BP/ARCO Facility 5792, 1991 Palomar Airport Road, CUP 91-03C, attached hereto as
April 14, 2026 Item #4 Page 3 of 9
Attachment A, on file with the Secretary to the Board and incorporated herein by reference,
is approved.
4. That the CMWD Board President is authorized to execute the quitclaim deed of easement
attached hereto as Attachment A, and the Secretary to the Board is hereby authorized to
record said document.
PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal
Water District Board of Directors of the City of Carlsbad on the 14th day of April, 2026, by the
following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
April 14, 2026
Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
None .
None.
None.
KEITH BLACKBURN, President
Item #4 Page 4 of 9
Doc ER-11-06 01/25/2024
RECORDING REQUESTED BY:
Carlsbad Municipal Water District
WHEN RECORDED MAIL TO:
District Secretary
Carlsbad Municipal Water District
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
QUITCLAIM DEED OF EASEMENT
The undersigned grantor(s) declare(s): Assessor’s Parcel No(s).: 213-092-17-00
Documentary transfer tax is $ 0 (easement)
( ) computed on full value of property conveyed, or Project ID: CUP91-03C
( ) computed on full value less value of liens and Related Project ID(s): GR2023-0002
encumbrances remaining at time of sale
( ) Unincorporated area: ( X ) City of Carlsbad Project Name: BP/ARCO FACILITY 5792
1991 Palomar Airport Road, Carlsbad 92008
Carlsbad Municipal Water District, a public agency organized under the Municipal Water Act of 1911,
and a subsidiary district of the City of Carlsbad (“Grantor”), for a valuable consideration, the receipt and
adequacy of which are hereby acknowledged, does hereby remise, release, and quitclaim to Palomar
Airport Partners, LLC., a California limited liability company (“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 , GRANTOR: Carlsbad Municipal Water District, a public 2026, at Carlsbad, California agency organized under the Municipal Water Act of 1911, and a subsidiary district of the City of Carlsbad
By ___________________________________________ KEITH BLACKBURN, President
ATTEST:
___________________________________________ SHERRY FREISINGER, Secretary
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Attachment A
April 14, 2026 Item #4 Page 5 of 9
Doc ER-11-06 01/25/2024
April 14, 2026 Item #4 Page 6 of 9
Z:\2532-Palomar Airport Road-City of CBAD\CAD\2532 Ex A.docx
August 4, 2025
www.kwasurvey.com Page 1 of 2
EXHIBIT A
LEGAL DESCRIPTION
APN 213-092-17-00
ALL THOSE PORTIONS OF LOT 17 OF TRACT MAP NO. 8418 FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, BEING IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, DESCRIBED IN THE DOCUMENT RECORDED AT DOCUMENT NUMBER 83-362175 OF
OFFICIAL RECORDS, ON OCTOBER 7, 1983 IN THE OFFICE OF SAID COUNTY RECORDER, DESCRIBED AS
FOLLOWS:
A STRIP OF LAND 15.00 FEET IN WIDTH LYING 7.50 FEET ON EACH SIDE OF AND PARALLEL WITH THE
FOLLOWING DESCRIBED CENTERLINES:
BEGINNING AT A CERTAIN CENTERLINE MONUMENT, SAID MONUMENT BEING THE INTERSECTION OF
PALOMAR AIRPORT ROAD AND CAMINO VIDA ROBLE, PER CARLSBAD TRACT 73-49 (PALOMAR
AIRPORT BUSINESS PARK) UNIT NO. 2, MAP NO. 8418, AS RECORDED IN THE OFFICE OF SAID COUNTY
RECORDER;
THENCE SOUTHEASTERLY ALONG THE CENTERLINE OF CAMINO VIDA ROBLE SOUTH 26°50'00'' EAST A
DISTANCE OF 336.12 FEET TO THE BEGINNING OF A TANGENT 850.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY;
THENCE CONTINUING ALONG THE ARC OF SAID CURVE SOUTHEASTERLY THROUGH A CENTRAL
ANGLE OF 4°35'30" A DISTANCE OF 68.12 FEET;
THENCE LEAVING THE CENTERLINE OF CAMINO VIDA ROBLE ON A RADIAL BEARING SOUTH 58°34'30''
WEST A DISTANCE OF 31.00 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY OF CAMINO
VIDA ROBLE, SAID POINT ALSO BEING THE BEGINNING OF AN 881.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY;
THENCE ALONG THE ARC OF THE AFORESAID CURVE THROUGH A CENTRAL ANGLE OF 02°55'05" A
DISTANCE OF 44.87 FEET, THIS BEING THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAlD SOUTHERLY RIGHT-OF-WAY LINE SOUTH 55°39'25" WEST A DISTANCE OF 17.00
FEET;
THENCE NORTH 34°20'35" WEST A DISTANCE OF 190.45 FEET;
THENCE SOUTH 55°39' 25" WEST A DISTANCE OF 26.00 FEET TO A POINT OF TERMINUS.
THE SIDELINES OF SAID STRIP SHALL BE EXTENDED OR SHORTENED TO MEET AT ANGLE POINTS AND
TO BEGIN AT THE SAID SOUTHWESTERLY RIGHT-OF-WAY OF CAMINO VIDA ROBLE.
ALL AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF.
END OF DESCRIPTION.
PREPARED BY ME OR UNDER MY DIRECTION.
August 4, 2025
Jon Wheat, PLS 8301 Date
April 14, 2026 Item #4 Page 7 of 9
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EXHIBIT 'B'
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LEGEND
SURVEYOR'S STATEMENT
April 14, 2026 Item #4 Page 8 of 9
LOCATION MAP
PROJECT NAME
BP/ARCO FACILITY 5792
PROJECT EXHIBIT
2NUMBER
PROJECT
SITE
CUP 91-03C
Exhibit 2
April 14, 2026 Item #4 Page 9 of 9