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2025-06-24; City Council; Resolution 2025-147

Carlsbad City Council
June 24, 2025

Document
2025-06-24; City Council; Resolution 2025-147
Meeting
June 24, 2025
Body
Carlsbad City Council
Pages
12
Original file
15 KB
Text extracted from the city's file for reading and search. Open the original on records.carlsbadca.gov. That file is the official record.

Exhibit 1
RESOLUTION NO. 2025-147
A RE

SOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,

CALIFORNIA, QUITCLAIMING A WATER EASEMENT OVER A PORTION OF LOT “J” OF RANCHO AGUA HEDION DA, MAP NO. 823 LOCATED AT 3010 TAMARACK AVENUE, VAC 2021-0001 TO THE CARLSBAD UNIFIED SCHOOL

DISTRICT
WHEREAS, on Sept. 23, 1986, an easement was dedicated to the City of Carlsbad for waterline purposes recorded as instrument no. 86 -420851 of official records attached hereto as Attachment A ; and
WHEREAS, the City Council of the City of Carlsbad, California has determined that the Carlsbad Unified School District, owner of that portion of Lot “J” of Map No. 823, Rancho Agua Hedionda, filed in the Office of the County Recorder of the County of San Diego on Nov . 16, 1896, has filed an application with the city to quitclaim a waterline easement over the property; and WHEREAS, said waterline easement is not required for the purpose for which it was granted and is not now, nor is it contemplated to be, needed for future public waterline purposes; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest to quitclaim said easement.

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 deed does not qualify as a project under the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change or a reasonably foreseeable indirect physical change in the environment and therefore does not require environmental review.

3. That the existing easement, attached hereto as Attachment A, on file with the City Clerk of the City of Carlsbad and incorporated herein by reference, is approved.

4. That the Mayor is authorized and directed to execute the quitclaim deed, attached hereto as Attachment B, and the City Clerk is hereby authorized and directed to record said document.

June 24, 2025
Item #2 Page 3 of 17
Docusign Envelope ID: 50A66D1E-896E-4415-8FE4-8CB0A5F03F79 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 24th day of June, 2025, by the following vote, to wit:

AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.

NAYS: None.

ABSTAIN: None.

ABSEN
T: None.
_____________
_________________________
KEITH BLACKBURN, Mayor
______________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
June 24, 2025
Item #2 Page 4 of 17
Docusign Envelope ID: 50A66D1E-896E-4415-8FE4-8CB0A5F03F79

Existing Easement
Attachment A
June 24, 2025
Item #2 Page 5 of 17
Docusign Envelope ID: 50A66D1E-896E-4415-8FE4-8CB0A5F03F79 lltMt
A.fd'tnt
City &
$tole
No~ ..

SltHf
Addrfft.

Clry &
Sr,a.1.

ReCORDING REQUESTED BY
City Clerk
City of Carlsbad
r-1
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4NO WHIM ltl:COltbl:0 MAIL TO
City of Carlsbad

12.00 Elm Avenue
Carlsbad CA 9Z008
1059
7 _J
86 ~20851
1986 SEP 23 PH 2: 00
I _yr:r,, L.Lr, E_" I
~UN I Y Iii GOHD[..!:_J
NO FEi:
_________________ _._ ___ SPACE ABOVE THIS LINE FOR RECORDER'S USE --- .w.n JAX $lAl!MlHl1 10
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7 0 ... ·"Ti\;1Y THANSff.R TAX :P-~ A.'Y
.J-...1...n1&...l't • iJWv~
_J Arnx l.R.S. S .. ~.d ............ ~ THIS SPACF.

Grant Deed
A.P.N. 167·101-11
C.U.P. 280
TO lOS ( THIO. FORM FURNISH.ED SY TITLE: IN9URANC?; AND TRUQT COMPANY FOR A VALUABLE CONSIDERATION, rec:eipt of which is herc:by acknowledged,

THE CARLSBAD UNIFIED SCHOOL DISTRICT
hereby GRANT(S) lo The City of Carlsbad, a Municipal Corporation An eanement for waterline purposes over, under and across lhc following described reol properly in the City of Carlsbad County of San Diego , Slate of California:

See attached Exhibit A for legal description made a part hereof and incorporated herein, Exhibit B incorporated herein is used for referen~e only.

D.,tcd ---·---J~u~l-Y _ll.__,.,_19=8=6~-----
STATF. OF ".:Al.ffORNlA . __________ }ss.

COUNTY OF _______ ·- _ ·-·--·--Bu~lness MaJta.9.er_._ Bus_._Services On hrforr me, dlr 11nd•t•
--------·------------ - ----
--------------- kno"n to me
to he lhc pcnnn ___ whosc n11mr .... ~ ____ r.ub,nihr.d In tb,. within in,1rumen1 and 11cknnwledged dun _______ 4•xrrulc1I thr 11nmr.

WITNESS my ha•d •nd offirial "•I.

SiJma1urr ~ ___ ---·--·•-----
Title Order No ...
,...
•·
~ ,­~-<
:r; ....
~ :

Existing Easement
June 24, 2025
Item #2 Page 6 of 17
Docusign Envelope ID: 50A66D1E-896E-4415-8FE4-8CB0A5F03F79 1060

STATE OF CALIFORNIA I
COUNTY OF SAN DIEGO ss.

On July 22 , 19~, before me, the undersigned, a Notary Public in and for said State, personally appeared JOHN H. BLAIR X personally known to me
= proved to me on the basis of satisfactory evidence
to be the Business Manager of Carlsbad Unified School District , and known to me to be the person who executed the within instrument on beha 1 f of said public corporation, agenr.y, or political s1Jbdivisfon, and acknowledged to me that such public corporation, agency, or political subdivision executed the same.

WITNESS my hand and official seal.

Signature fitiih To. hd,cw»,
Anita M. Williams Name (typed or printed)
.. .,..; p ; I
@

OFFICIAL SEAL
ANITA M. WILLIAMS
llotery Pub1Jo-cau1orn111

SAN DIEGO COUNTY
l;fyComn,, e.p. C.O.e, 11MB
Existing Easement
June 24, 2025
Item #2 Page 7 of 17
Docusign Envelope ID: 50A66D1E-896E-4415-8FE4-8CB0A5F03F79 1061
Legal deac:l'iption of a 15 foot wide easement for water line purposos, to be dedicated by the Carlsbad Unified School District to the City of Carlsbad, California.

Being portions of Lot "J" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Partition Map No. 82.3 filed in the Office of the County Recorder of said County on November 16, 1896, described as follows:

A 15 foot wide easement the s idea of which lie 7, 50 feet each side of the following described centerline, eaid easement shall aleo extend 7. 50 feet beyond the terminus of said following described centerline a.

Parcel "A"
Commencing at the centerline intersection of Tamarack Avenue (60 feet wide) and Wilshire Avenue (60 feet wide) as shown on Tract Map 11286 as recorded on July 15, 1985; thence along the centerline of Tamarack Avenue NZ6°10'2.3"W 85. 36 feet; thence N63°49' 37"E 11. 00 feet, said point being the beginning 0£ a curve concaved easterly and having a radius of 789, 00 feet; thence northerly along said curve through a central angle of 9°20' 30" an arc length of 128. 64 feet; thence tangent to said last mentioned curve Nl6°49'53"W 35. 40 feet to the true point of beginning; thence S63°49'37"W 333. 21 feet; thence SZ6°l0'Z3"E 46. 00 feet to the tei-minue of this line. Excepting those portions within 'I'amarack Avenue right of way.

Parcel "B"
Commencing at the centerline intersection of Tamarack Avenue (60 feet wide} and Wilshire Avenue (60 feet wide) as shown on Tract Map 11286 as recorded on July 15, 1985; thence N26°10 1 2311W 85. 36 feet; thence N63°49'37 11E ll. 00 feet, said point being !:he beginning of a curve concaved easterly and having a radius of 789. 00 feet; thence northerly along said curve through a central angle of 9°20 130" an a-re length of 128, 64 feet; thence tangent to said last mentioned curve Nt6°49'53"W 35. 40 feet; thence S63°49'37"W 91. 21 feet to the true point of beginning; thence SZ6°10'Z3"E 204.18 feet; thence N63°49'37"E 12.·. 00 feet to the terminus of this line. .•

EXHIBIT A
lo
___________ ,...._....., ....... ~----.....,......_,,....,.,,_!"'t""~---------------., Existing Easement
June 24, 2025
Item #2 Page 8 of 17
Docusign Envelope ID: 50A66D1E-896E-4415-8FE4-8CB0A5F03F79 1062
[)Eiilt.l>.110N ,Kf1CH
90"1'IOHCi Of I.Dl 11.J 11 0~ llANGHO AGUA HiPIOt-&PA, 11\ 'fHE! C,lf'( ()'f CJ.ltL'7 &AP , t:0UH1'( OF ~N. PleGO I t1'l1• OP GA.t.lfSIP.NIA, AUORlilNi 'ff) f'~P:"flflt'>li t-\lllP NO, ~'1,f) Flt.IP tf'l 1'Hi Ol'f1,s. OP 1'H i RJc;~"pg~ () F ~IP "' GDUN"N ON NOVir-t&iR l~ 11tq~. _,..'"'1,,,·,...,,.,,,'7"r,7.,,.,..,..,= f'{
1He G~Rl..'>&J..t' UNlflEP ',GHOOl. DIC:,1RIC:f
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Existing Easement
June 24, 2025
Item #2 Page 9 of 17
Docusign Envelope ID: 50A66D1E-896E-4415-8FE4-8CB0A5F03F79 1063

CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property
conveyed by the deed or grant dated July 21, 1986
from The Carlsbad Unified School District
to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California pursuant to resolution No. 8790 , adopted
on September 16, 1986 , and the grantee consents to the recordation thereof by its duly authorized officer.

DATED: September 17, 1986
By: ~/k~ iil.ETHAC RAUTENKRANZ,City erk
RECORDING REQUESTED BY:

City of Carlsbad
WHEN RECORDED MAIL TO:

City Clerk
City of Carlsbad Municipal
1200 Carlsbad Village Dr.

Carlsbad, CA 92008
DOC# 2025-0182769
111111111111 lllll 111111111111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Jul 10, 2025 09:16 AM

OFFICIAL RECORDS
JORDAN Z. MARKS,

SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PCOR: N/A
PAGES:4
-------------'------- :SPACE ABOVE THIS LINE FOR RECORDER'S USE ----

QUITCLAIM DEED OF EASEMENT
The undersigned grantor(s) declare(s):

Documentary transfer tax is $ 0 (easement)
) computed on full value of property conveyed, or
) computed on full value less value of liens and
encumbrances remaining at time of sale
) Unincorporated area:
( X ) City of Carlsbad
Assessor's Parcel No(s).: 167-101-11-00
Project ID: PD2020-0049
Related Project ID(s): ________ _
Project Name: Hope Elementary School
Modernization
City of Carlsbad, a California Municipal Corporation, ("Grantor"), 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 ~,\I\L, 3 D
20 ~ at Carlsbad California GRANTOR: City of Carlsbad, a Municipal By _____________ _
KEITH BLACKBURN, Mayor
ATTEST:

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached , and not the truthfulness, accuracy , or
validity of that document.

State of California
County of San Diego
On June 30, 2025 before me, Shelby M. Nelson, Notary Public (insert name and title of the officer)
personally appeared _K_e_it_h_B_l_ac_k_b_u_rn ______________ _____ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) , and that by his/her/their signature(s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. ~············f , . S~E~ay M. NELSOM : ' \ Noto ry Oubllc • Californ ia
! ' 5• n Oiego County f
Com mlssl•n ~ 23730 71 -
My Comm. Exoir•Huf l 1, 2025
“EXHIBIT A”

LEGAL DESCRIPTION
PORTIONS OF LOT "J" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD,

COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:

PARCEL “A”
A STRIP OF LAND 15.00 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS:

COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF WILSHIRE AVENUE WITH THE CENTERLINE OF TAMARACK AVENUE (60 FEET WIDE) AS SHOWN ON MAP NO. 11286, RECORDED JULY 15, 1985;
THENCE NORTH 26°10’23” EAST 85.36 FEET ALONG SAID CENTERLINE OF TAMARACK AVENUE;
THENCE NORTH 63°49’37” EAST 11.00 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 789.00 FEET, THROUGH WHICH POINT A RADIAL LINE BEARS SOUTH 63°49’37” WEST;
THENCE NORTHERLY 128.64’ FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9°20’30”
THENCE TANGENT TO SAID CURVE NORTH 16°49’53” WEST 35.40 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 63°49’37” WEST 91.21 FEET TO A POINT HEREINAFTER REFERRED AS “POINT A”;
THENCE CONTINUING SOUTH 63°49’37” WEST 242.00 FEET;
THENCE SOUTH 26°10’23” EAST 46.00 FEET.

THE SIDELINES OF SAID STRIP TO BE EXTENDED OR SHORTENED TO TERMINATE AT THE WESTERLY LINE OF SAID TAMARACK AVENUE.

PAGE 1 0F 2
Exhibit A
June 24, 2025
Item #2 Page 12 of 17
Docusign Envelope ID: 50A66D1E-896E-4415-8FE4-8CB0A5F03F79 PARCEL “B”
A STRIP OF LAND 15.00 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS:

BEGINNING AT THE ABOVE DESCRIBED “POINT A”;
THENCE SOUTH 26°10’23” EAST 204.18 FEET;
THENCE NORTH 63°49’37” EAST 12.00 FEET.

ALL AS MORE PARTICULARLY SHOWN ON “EXHIBIT B” ATTACHED HERETO AND MADE A PART HEREOF.

SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS-OF-WAY AND EASEMENTS OF RECORD, IF ANY.

THE ABOVE-DESCRIBED LAND IS THE SAME LAND DESCRIBED IN THAT CERTAIN GRANT DEED TO THE CITY OF CARLSBAD RECORDED SEPTEMBER 23, 1986 AS INSTRUMENT NO. 86-420851, OFFICIAL RECORDS OF SAN DIEGO COUNTY. ________________________________
XICOTENCATL E. SALAZAR, PLS 5507
DATE: JANUARY 22, 2021
LICENSE EXPIRES 9/30/22
PAGE 2 0F 2
Exhibit A
June 24, 2025
Item #2 Page 13 of 17
Docusign Envelope ID: 50A66D1E-896E-4415-8FE4-8CB0A5F03F79 ~€~ COTENCA
E.

SALAZAR
NO. 5507
XP. 9/30/2
June 24, 2025
Item #2 Page 14 of 17
Docusign Envelope ID: 50A66D1E-896E-4415-8FE4-8CB0A5F03F79 N 63'49'37" E 333.21'
~ • PARCEL "A" NO
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HOPE ELEMENTARY SCHOOL
R. OF S. MAP NO. 10266
1/22/21
SAWAR SURVEYING, INC.
1655 E. 6th Street, Suite A4A
Corona, CA 92879
(951) 898-8328 FAX (951) 898-4732
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PARCEL "B"
"EXHIBITS"
N 63'49'37" E

12.00'

TO ACCOMPANY LEGAL DESCRIPTION
3010 TAMARACK AVENUE, IN THE CITY OF CARLSBAD,

COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
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JOB NO. SS20043

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