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Home My WebLink About2026-04-28; Municipal Water District; 03; Terminating deed of easement to the Carlsbad Unified School District at the Aviara Oaks Middle School Campus for water and fire service pipelinesMeeting Date: To: From: Staff Contact: Subject: District: April 28, 2026 President and Board Members Geoff Patnoe, Executive Manager Keri Martinez, District Engineer keri.martinez@carlsbadca .gov, 442-200-7376 Markus Mohrle, Utilities Senior Engineer- markus.mohrle@carlsbadca.gov, 442-339-2322 CA Review TL Terminating deed of easement to the Carlsbad Unified School District at the Aviara Oaks Middle School Campus for water and fire service pipelines 3 Recommended Action Adopt a Carlsbad Municipal Water District Board of Directors resolution approving a quitclaim deed of easement over Assessor Parcel Number 215-050-74-00, located at the Aviara Oaks Middle School campus, 6880 Ambrosia Lane. Executive Summary Easements enable public agencies and utilities like the Carlsbad Municipal Water District to enter and use property they do not own for certain reasons, such as maintaining infrastructure. Staff are requesting the Carlsbad Municipal Water District Board approve the termination of one water easement and a portion of another that gave the CMWD access to water pipelines at Aviara Oaks Middle School. The school district is taking over the water pipeline serving the school fire service connection, so the CMWD no longer needs access to the pipeline. Staff recommend that both CMWD easements be terminated, or "quitclaimed." The CMWD Board's approval is requ ired because the CMWD Code and ordinances do not authorize the Executive Manager or designee to approve quitclaim deeds. Explanation & Analysis The Carlsbad Unified School District granted the first easement in 2000 for a public water main serving the Aviara Oaks Elementary and Middle School, located at 6880 Ambrosia Lane, as shown in Exhibit 2. The second easement was granted in 2025 for a pipeline providing water for the school's fire protection system. April 28, 2026 Item #3 Page 1 of 10 The city approved the CUSD's school modernization plan for the Aviara Oaks Middle School on April 19, 2023 . The approved project is modernizing the campus with new structures, drainage facilities and traffic circulation improvements. As part of the project, the school district will assume responsibility for the water facilities. The redesign of this portion of the school's onsite water system and the transfer of maintenance responsibilities eliminates the CMWD's need to access the pipeline. Staff recommend that the CMWD Board approve the quitclaim of the water easement areas identified as Parcels A and Bin easement quitclaim VAC2025-0008, as shown in Exhibit 1, Attachment A. Fiscal Analysis Quitclaiming these easements has no fiscal impacts. All fees necessary to process this quitclaim deed of easement have been paid by the CUSD. 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 approval of a quitclaim deed of easement. 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 28, 2026 Item #3 Page 2 of 10 RESOLUTION NO. 1803 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 PARCEL NUMBER 215-050-74-00, LOCATED AT THE AVIARA OAKS MIDDLE SCHOOL CAMPUS, 6880 AMBROSIA LANE Exhibit 1 WHEREAS, the Carlsbad Unified School District, the owner of Assessor Parcel Number 215-050- 74-00, has filed an application with the Carlsbad Municipal Water District, or CMWD, to quitclaim a portion of a water easement and the entirety of a separate water easement over its property; and WHEREAS, on March 7, 2000, a water easement was granted to the CMWD as Instrument No. 2000-0114184;and WHEREAS, a portion of this 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, on July 10, 2025, a water easement was granted to the CMWD as Instrument No. 2025-0182752;and WHEREAS, this 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 the Carlsbad Unified School District for a portion of the water easement and the entirety of a separate water easement as described in the quitclaim deed attached hereto as Attachment A. 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 of Directors 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 approval of a quitclaim deed of easement. 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. April 28, 2026 Item #3 Page 3 of 10 3. That the quitclaim deed, attached hereto as Attachment A, on file with the Secretary to the Board and incorporated herein by reference, is approved. 4. That the President is authorized to execute the quitclaim deed 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 28th day of April, 2026, by the following vote, to wit: AYES: NAYS : ABSTAIN: ABSENT: April 28, 2026 Blackburn, Bhat-Patel, Acosta, Burkholder, Shin. None. None. None. KEITH BLACKBURN, President sHYM~~ ,k (SEAL) Item #3 Page 4 of 10 RECORDING REQUESTED BY: Carlsbad Municipal Water District WHEN RECORDED MAIL TO: District Secretary Carlsbad Municipal Water District 1200 Carlsbad Village Dr. Carlsbad, CA 92008 Attachment A ---------------'-------SPACE ABOVE THIS LINE FOR RECORDER'S USE ---- QUITCLAIM DEED OF EASEMENT The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0 (easement) Assessor's Parcel No(s).: 215-050-74-00 Project ID: PD2023-0013 ) computed on full value of property conveyed, or ) computed on full value less value of liens and encumbrances remaining at time of sale Related Project ID(s): VAC2025-0008 Project Name: Aviara Oaks Elementary School Modernization, 6880 Ambrosia Lane ) Unincorporated area : ( X ) City of Carlsbad Carlsbad Municipal Water District, a public agency organized under the Municipal Water Act of 1911 , and a subsidiary district of the City of Carlsbad ("Granter''), 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 _____ _ 2026, at Carlsbad, California April 28, 2026 GRANTOR: Carlsbad Municipal Water District, a public 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 Doc ER-11-06 Item #3 Page Sl18f~O CALIFORNIA ACKNOWLEDGMENT CIVI L CODE § 1189 M;;pt .................. ••• AAA •••••••• .. xzzza&J A notaiy publkorotherofflcet compleUng lhlscert· 1ca1e yeri iesonlythe idenf yoflhe individualwhoslgned the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of <:allfornla } County of ______________ , On ____________ berore me, ____________________ _ Date Here Insert Nome and Title of ihe Officer personally appeared ------------------------------- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed to tho within Instrument and acknowledged to me that he/sho/thoy exocuted the samG rn his/her/their authorized capaclty(fcs), and that by hlsJhertthclr slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the pcrson(s) acted, executed the lm,trunwnt. Place Notary S«JJ ondlot Stomp Above I cor fy under PENAL TY OF PERJURY under tho laws of the-State of Callfornla that tho foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature ______________ _ Signature of Notary Public OPTIONAL Completing this information con dr!ler aft~rotlon ,of the document or fraudulent reattachment of this form to an unfntended document Description of Attach d Document TIiie or Type of Document: _________________________ _ DocumentDote: ____________________ Number ofPages: ___ _ Slgner(s) Other Than amed Above: _____________________ _ CapaeltY(les) Clalmed by Slgner(s) Signer's ame: ___________ _ Slgner'sName: ___________ _ □ C.Orporate Officer -TltlC(s); ______ _ □ Corporate Of ccr -Tltle(s): ______ _ o Partner -o Limited o Gonoral o Parlnor -o limited o General o lndlvldual o Attorney In Fact □ lndlvldual ,□ Attorney In Fact o Trustee o Guordlan or Conservotor o Truste,e ,o Guardian or Conservotor □ Other: □ Other; Signer ts Represenung: ________ _ SFgner ts Representing: ________ _ C2019 Natiollal ot ry As-sociation Doc ER-11-06 April 28, 2026 Item #3 Page E916fl2_f0 EXHIBIT "A" LEGAL DESCRIPTION PD2023-0013 VAC2025-0008 BEING A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEYS, APPROVED OCTOBER 25, 1875 AND APRIL 21, 1890, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A: THAT PORTION OF PARCEL 1 OF THE WATERLINE EASEMENT RECORDED DECEMBER 7, 2000 PER DOCUMENT NO. 2000-0114184 OF OFFICIAL RECORDS; BEING THE EASTERLY 54 .18 FEET OF THE SOUTH 89°17'33" EAST 227.68 FOOT LINE OF SAID 20 FOOT EASEMENT. CONTAINING AN AREA OF 1,084 S.F OF LAND MORE OR LESS AS SHOWN ON EXHIBIT B, ATTACHED HERETO. PARCEL B: ALL OF PARCEL 1 GRANTED PER DOCUMENT RECORDED JULY 10, 2025 AS INSTRUMENT NO. 2025-0182752 OF OFFICIAL RECORDS. CONTAINING AN AREA OF 762 S.F. OF LAND MORE OR LESS AS SHOWN ON EXHIBIT B, ATTACHED HERETO. April 28, 2026 D.E. MIRABILE, PLS 9911 02/26/2026 DATE: EXP 09/30/2026 Item #3 SHEET 1 OF 1 Page 7 of 10 LEGAL DESCRIPTION: EXHIBIT "B" PD2023-0013 VAC2025-0008 THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEYS, APPROVED OCTOBER 25, 1875 AND APRIL 21, 1890. BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS PLAT JS THE SIDELINE OF EXISTING WATERLINE EASEMENT RECORDED MARCH 7, 2000 AS DOCUMENT NO. 2000-0114184, O.R., I.E. SOUTH 89°17'33" EAST LEGEND PROPERTY LINE RIGHT-OF-WAY LINE CENTER LINE -- - - - - - --EASEMENT LINE P.O.B. POINT OF BEGINNING p • ~ ~ D.E. MIRABILE, PLS 9911 02/26/2026 DATE: PLSA JOB NO. 4092 WATERLINE EASEMENT QUITCLAIM AREA= 1,084 SQ. FT. PARCEL A U:Z z::/2. Zl (0.020 ACRES), MORE OR LESS. PARCEL B is:~~ AREA= 762 SQ. FT. (0.017 ACRES), MORE OR LESS. VICINITY MAP -----~-0 2000 4000 APPLICANT EASEMENT VACATION -CITY OF CARLSBAD DA TE : 02/26/2026 CARLSBAD UNIFIED SCHOOL DISTRICT 6225 EL CAMINO REAL CARLSBAD, CA 92009 Apri 28, 2026 PREPARED BY: PROJECT NAME: PLSA (858) 259-8212 AV/ARA OAKS MS DAN MIRABILE, PLS 9911 09/30/2026 Item# SHEET 1 OF 2 SHEETS APN: 215-050-74-00 Page o 10 EXHIBIT "B" PD2023-0013 VAC2025-0008 -------0 100 200 , )> s:: OJ ::0 0 CJ) 5> I I \ I S I ll) ~I ~I ~, £\I NORTH LINE PORTION Or THE SW 1 /4 OF THE NW 1/4 Or SEC. 26, T 12 S, R 4 W, S.B.M. .. ~I 2, ~ j_ _P_£RTION OF PARCEL 1 PER R1 ~ } 1 ___ ......... , /_ '-L f.7 C-o,.--..... ' -1--<J❖·r~:-,-.. ' I 1<❖7~~0,-,";\~3 7.s7 7->.;_;, I LI\ ,,-----._ . ..>6' c9,, \ I I I ~ '_/./ \ \ I 1 f 1,:,1 I ~ : I ~ {N 89°24'05" W 1,338.77') r-)> 2 rn I APN: ~ h I I l I I I / 215-050-74~,~, ____ -w4.18' PARCEL 1 I g L -------jct DOC NO. 2025-0182752, I ~ rs 89"17'33" E 227.68') REC. 7/10/2025, D.R. PORTION OF PA~~~LR\ PARCEL A PARCEL B NOTES: r.'\ NORTHEAST CORNER OF THE SOUTH 1/2 OF V THE WEST 1/2 OF THE NORTH 112 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 26. r::\ WESTERLY LINE OF SEC. 26 AND WESTERLY V SIDELINE OF 20' WATER EASEMENT PER DOC. NO. 156084, O.R. RECORDED 09-27-1966 r::\ 30' GENERAL UTILITY AND ACCESS '\..::..) EASEMENT PER DOC. NO. 1994-0337927, D.R. RECORDED 05-23-1994 REFERENCES: (R1)-DOC. NO. 2000-0114184, REC. 3/7/2000, O.R. LINE TABLE: L 1 -(N 78°22'39" E 27.51 ') 1,084 SQ. 762 SQ. FT. FT. LEGEND P.O.B. PROPERTY LINE RIGHT-OF-WAY LINE CENTER LINE EASEMENT LINE POINT OF BEGINNING WATERLINE EASEMENT QUITCLAIM AREA= 1,084 SQ. FT. PARCEL A U:ZZ/'.2 Zl (0.020 ACRES), MORE OR LESS. PARCEL B is:~ :s::::'2l AREA= 762 SQ. FT. (0.017 ACRES), MORE OR LESS. APPLICANT EASEMENT VACATION -CITY OF CARLSBAD DA TE : 02/26/2026 CARLSBAD UNIFIED SCHOOL DISTRICT PREPARED BY: PROJECT NAME: PLSA (858) 259-8212 AV/ARA OAKS MS SHEET 2 OF 2 SHEETS APN: 215-050-74-00 6225 EL CAMINO REAL CARLSBAD, CA 92009 Apnl28,2UL6 DAN MIRABILE, PLS 9911 09/30/2026 Item #3 Page 9 ot 10 Exhibit 2 LOCATION MAP I ------ 1 - - _ I_ - --t----------,.....-~1----1---l PROJECT SITE A VIARA OAKS SCHOOL PROJECT NAME AV/ARA OAKS ELEMENTARY H ODERNIZA TION PROJECT NUMBER PD2023-0013 NOT TO SCALE EXHIBIT 2