HomeMy WebLinkAbout2026-04-28; Municipal Water District; Resolution 1803RESOLUTION 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