Meeting Date:
To:
From:
Staff Contact:
Subject:
District:
April 14, 2026
President and Board Members
Geoff Patnoe, Executive Manager
Dave Padilla, Assistant General Manager
[email protected], 442-339-2356
Markus Mohrle, Utilities Senior Engineer
markus.mohrle@carlsbadca .gov, 442-339-2322
CA Review TL
Grant a quitclaim deed of easement to Palomar Airport Partners LLC at the BP/ARCO Facility 5792 at 1991 Palomar Airport Road
2 Recommended Action
Adopt a Carlsbad Municipal Water District Board of Directors resolution 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.
Executive Summary
Staff are requesting the Carlsbad Municipal Water District, or CMWD, Board's approval to terminate (or "quitclaim ") a water easement giving access to the CMWD to an area of land at the BP/ARCO gas station located at 1991 Palomar Airport Road. Easements like this one give the CMWD access to private property to install or maintain public infrastructure . This easement was granted in 1983 for the construction of a public potable water pipeline to serve a public fire hydrant.
The property is being redeveloped, and the public fire hydrant will be relocated off the private parcel, so staff recommend that the CMWD easement be terminated .
The CMWD Board's approval is required because the CMWD Code and ordinances do not provide authority to the Executive Manager or designee to approve quitclaim deeds.
April 14, 2026 Item #4 Page 1 of 9
Explanation & Analysis
• Palomar Airport Partners, LLC, a California limited liability company, granted a water easement to the Costa Real Municipal Water District {recorded as Instrument No. 83- 362175) in 1983 for a public water main across a portion of its property to serve a public fire hydrant.
• The Costa Real Municipal Water District became a subsidiary district of the City of Carlsbad in 1990 and was renamed the Carlsbad Municipal Water District . • The city and the CMWD entered into an operational agreement in 1991 in which all the city's water-related assets were transferred to the CMWD.
The city approved Palomar Airport Partners, LLC's plan to make improvements to the BP/ARCO Facility 5792 on Jan. 11, 2023, {Private Development Plan GR2023-0002). The approved grading plan for that project includes upgrades to the existing gas station with car wash structures and drainage facilities and moving the public fire hydrant off the site.
The easement is no longer needed given the relocation of the hydrant off the private parcel.
Fiscal Analysis
Quitclaiming this easement has no fiscal impacts.
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 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.
Exhibits
1. CMWD Board resolution
2. Location map
April 14, 2026 Item #4 Page 2 of 9
RESOLUTION 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 the ir 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 fo r 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
4/22/26, 10:42 AM
RECORDING REQUESTED BY:
Carlsbad Municipal Water District
WHEN RECORDED MAIL TO:
District Secretary
Carlsbad Municipal Water District
1200 Carlsbad Village Dr.
Carlsbad , CA 92008
Batch 20995923 Confirmation
DOC# 2026-0109067
111111111111 lllll 11111111111111111111111111111111111111111111111111111 Apr 20, 2026 10:10 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $23.00 (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): Assessor's Parcel No(s).: 213-092-17-00 Documentary transfer tax is $_0 _ _ (easement)
( ) computed on full value of property conveyed, or
{ ) computed on full value less value of liens and
Project ID: CUP91-03C
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 distr ict of the City of Carlsbad ("Grantor''). for a valuable consideration. the receipt and adequacy of which are hereby acknowledged , does hereby remise, release , and quitcla im 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 vfpn/ /~, "2-ll,"2-4>
2026, at Carlsbad, California
Ap ril 14, 2026
GRANTOR : Carlsbad Municipal Water District, a public
agency organized under the Municipal Water Act of 1911, and a subsidiary district of the ·ty<carlsbad
Item #4
https://gs.secure-erds.com/Batch/Confirmation/20995923 1/2
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 April 16, 2026 before me, Shelby Nelson, Notary Public (insert name and title of the officer)
personally appeared _K_e_i_th_B_la_c_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. ~·-·••==•••=•~
a
SHELSY NELSON
- Mot. ry P'ullllc • C•l1forni• I i S.n 01~0 County
Comm1ss1eri # 2529064 -
11,y Cemm. Exll1ros Au111 , 2029
{Seal)
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.
Au
gust 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
LOCATION MAP
PROJECT NAME
BP/ARCO FACILITY 5792
PROJECT EXHIBIT
2 NUMBER
PROJECT
SITE
CUP 91-03C
Exhibit 2
April 14, 2026
Item #4 Page 9 of 9