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Home My WebLink About2026-06-09; City Council; 06; Terminating sewer easements at Laurel Tree Apartments~ CITY COU N CI L \1/P Staff Report Meeting Date: To: From: Staff Contact: Subject: District: June 9, 2026 Mayor and City Council Geoff Patnoe, City Manager Nichole Fine, Senior Engineer nichole.fine@carlsbadca.gov, 442-339-2744 Terminating sewer easements at Laurel Tree Apartments 2 Recommended Action CA Review CDS Adopt a resolution approving quitclaims of a sewer easement over Lot "G" of Rancho Agua Hedionda, Map No. 823 and a portion of a sewer easement over Parcel 1 of Parcel Map 15661, located at Laurel Tree Lane, to Maac Laurel Tree LP. Executive Summary The property owner of Laurel Tree Apartments is refinancing the project. As part of that process, the lender requires two outdated public sewer easements to be removed from the property title. An easement is a legal right that allows the city to use a portion of private property for a specific purpose, such as installing and maintaining sewer lines, even though the city does not own the land. These easements currently run through existing buildings, but the sewer lines they once served have already been relocated, removed, or abandoned and are no longer in use. Because of this, the easements are no longer needed by the city. Staff recommend that the City Council adopt the resolution to quitclaim, that is, relinquish, the sewer easement in Lot "G" of Rancho Agua Hedionda, Map No. 823 and a portion of a sewer easement in Parcel 1 of Parcel Map 15661. This item is before the City Council because only the Council has the authority to approve the release of public easements. Explanation & Analysis The Laurel Tree Apartments project was approved in 1995 as an affordable housing development. At that time, there were existing sewer easements across the property dating back to 1982 (attached as Exhibit 3), with an additional easement granted in 1997 (Exhibit 4). An easement allows the city to access and maintain public infrastructure, such as sewer lines, on private property. June 9, 2026 Item #6 Page 1 of 15 During construction of the apartments, in about 1998 to 2007, the sewer system in this area was reconfigured. One sewer line was abandoned when Aviara Parkway was constructed, and the flow was redirected to a new sewer line in the street. Another sewer line was relocated to accommodate the apartment buildings. As confirmed by the final construction ("as-built") plans, the sewer lines within these easements were either removed or abandoned in place and are no longer active. Because the sewer infrastructure no longer exists in these locations -and the city has no plans to install new utilities there -the easements no longer serve a purpose. However, the easements remain on the property title. This creates a "cloud" on the title, which creates uncertainty about ownership and legal interest and can complicate financing and property transactions. Removing the easements at 1301 Laurel Tree Lane would: • Support affordable housing by allowing the property owner to refinance the project • Eliminate outdated restrictions on the property that cast doubt on who owns a piece of land or has legal interest • Ensure city records match actual conditions at the site The City Council is being asked to approve two quitclaim deeds that will relinquish the easements. (Quitclaim deeds VAC2026-0002 and VAC2026-0001) Fiscal Analysis There are no fiscal impacts with quitclaiming this easement. All fees necessary to process these quitclaims have been paid by the owner in accordance with the city's adopted Master Fee Schedule. Next Steps Upon approval of the City Council, the City Clerk will record the attached quitclaim deeds and other required recording documents, in the Office of the County Recorder of San Diego County. Environmental Evaluation The proposed quitclaim deeds do not qualify as a project under the California Environmental Quality Act, or CEQA, under Public Resources Code Section 21065. They have no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and therefore do not require environmental review. Exhibits 1. City Council resolution 2. Location map 3. Sewer Easement, Recordation No. 82-139474 (on file in the Office of the City Clerk) 4. Sewer Easement, Recordation No. 1997-0503949 (on file in the Office of the City Clerk) June 9, 2026 Item #6 Page 2 of 15 RESOLUTION NO. 2026-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING QUITCLAIMS OF A SEWER EASEMENT OVER LOT "G" OF RANCHO AGUA HEDIONDA, MAP NO. 823 AND A PORTION OF A SEWER EASEMENT OVER PARCEL 1 OF PARCEL MAP 15661, LOCATED AT LAUREL TREE LANE, TO MAAC LAUREL TREE LP Exhibit 1 WHEREAS, on May 11, 1982, an easement was dedicated to the City of Carlsbad for sewer and access purposes, recorded as instrument No. 82-139474 of official records; and WHEREAS, on Oct. 9, 1997, an additional easement was dedicated to the City of Carlsbad for sewer purposes, recorded as instrument No. 1997-0503949 of official records; and WHEREAS, MAAC Laurel Tree LP, owner of that portion of Lot "G" of Map No. 823, Rancho Agua Hedionda, filed in the Office of the County Record of the County of San Diego on Nov. 16, 1896, has filed an application with the city to quitclaim a sewer easement over the property; and WHEREAS, the city has reviewed available records, including as-built plans, and determined that the subject easement areas no longer contain active public sewer facilities and are not needed for current or future public sewer purposes; and WHEREAS, retaining the easements serves no public purpose and may unnecessarily encumber the property; and WHEREAS, the quitclaim, or relinquishment, of the subject easements will not adversely affect the city's ability to provide public sewer service; and WHEREAS, the City Council has determined that it is in the public interest to quitclaim the subject sewer easements. 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 deeds do not qualify as a project under the California Environmental Quality Act, or CEQA, under Public Resources Code Section 21065. They have no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and therefore do not require environmental review. 3. That the City Council hereby approves the quitclaim of: June 9, 2026 Item #6 Page 3 of 15 a. A public sewer easement over a portion of Lot "G" of Map No. 823, as more particularly described in the quitclaim deed attached hereto as Attachment A and incorporated herein by reference; and b. A portion of a sewer easement over Parcel 1 of Parcel Map No. 15661, as more particularly described in the quitclaim deed attached hereto as Attachment B and incorporated herein by reference. 4. That the Mayor is authorized and directed to execute the quitclaim deeds, VAC2026- 0002 AND VAC2026-000, attached as Attachment A and Attachment B, and the City Clerk is hereby authorized and directed to record said documents. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 9th day of June, 2026, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: June 9, 2026 Blackburn, Bhat-Patel, Acosta, Burkholder, Shin. None. None. None. KEITH BLACKBURN, Mayor Item #6 Page 4 of 15 June 9, 2026 Exhibit 3 Sewer Easement, Recordation No. 82-139474 (on file in the Office of the City Clerk) Item #6 Page 14 of 15 Exhibit 4 Sewer Easement, Recordation No. 1997-0503949 (on file in the Office of the City Clerk) June 9, 2026 Item #6 Page 15 of 15