Loading...
HomeMy WebLinkAbout2026-04-14; Municipal Water District; Resolution 1802RESOLUTION 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 C A M I N O V I D A R O B L E P A L O M A R A I R P O R T R O A D EXHIBIT 'B' kwa LEGEND SURVEYOR'S STATEMENT April 14, 2026 Item #4 Page 8 of 9