HomeMy WebLinkAboutOceanside-Carlsbad HS & Carlsbad UESD; 1956-01-01;1 ?. G 9 ii’ B 1.1 E N T &-m.&-.%.,...,,~--,,
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3 WHEREAS, the Oceansid.e-Carlsbad Union High School D:istrict
4 cmt~z 1:,:!,ntes the building of a new High School with appurtenant
5 raei? -T-ties -_ upon the property in
6 San Diego, State of California,
7 All of Tract ~48 according to &lap
the City of Carlsbad, County of
described as:
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and 249 of Thum Lands, thereof No, ~681, as filed ljit_bl. the County Recorder of - San Diego County;
and,
YKERRAS, the Carlsbad Union Elementary School District
contmplates the building of a new Elementary School with appurte-
nant facilities upon the property in the City of Carlsbad, County *
of Am Diego, State of California, that is approximately described as:
The Southwesterly 790.88 feet of Tract 251 of Thum Lands, according to Map thereof No. 1681 as filed with the County Recorder of San Diego County;
and ,
WHZXU3RS, both of the above referenced school d~st?licts
lzi.11 need, denand and require for such school construction an
adequate sewerage system; and,
\?HEREAS, the City of Carlsbad is engaging in proceedings
tlz2.t will enable the City to provide adequate sewerage dis;Josal
to such school districts; and,
T,WXMS, there does not nob! exist any sewerage transmission
line in the streets adjacent to the prospective location of such
new schools, and further that the nearest point of connection of
such property ?:!:rith the present sewer system is at the intersection
of Plo Pica Drive and Chestnut ilvenue in the City of Carlshad; and,
>;:IZFIX‘+$, tile Gity of Car&bad is desirous of constr~ct:ing
a searerage transmission line in accordance with Exhibit rt.Itr 9
atta,ched hereto; and,
1 WHEREAS, Section No, 6500 to 6608 of the Government Code
2 of the State of California, authorizes the Oceanside-Carlsbad Union
3 High School District, the Carlsbad Union Elementary School District
4 and the City of Carlsbad to enter into an agreement for the joint
5 exercise of any power common to the contracting parties.
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7 WITNESSETH
8 NOV, THEREFORE, this agreement made and executed in
9 triplicate this 10th day of May, 1955, between the City of Carlsbad,
10 sometimes hereinafter referred to as the "City"; the Oceanside-
11 Carlsbad Union High School District, sometimes hereinafter referred
12 to as tfO-C High"; and Carlsbad Union Elementary School District,
13 sometimes hereinafter referred to as "Carlsbad ElernentaW' J -
14 In consideration of the mutual promises and covenants parties 15 hereinafter expressed by each of the respectivdto tile other two,
36 it is wtually agreed as follows:
17 I
18 The ;)urpose of this agreement is to provide for the ConStrUC-
19 tion of a sewerage transmission line in accordance with Exhibit "A",
20 rdhich is attached hereto and made a part hereof as if fully set
21 forth herein.
22 II
23 That the City agrees to contribute to>!ard the construction
24 costs of Edxhibit "A", the cash sum of $10,900,
25 III
26 The Carlsbad Elementary agrees to contribute on or before
27 May 31, 1955 toward the construction costs of ?Wribit "!L'~ the total
28 of the folloT:Jing sums of cash monies:
29 (a) $4,462,90, plhich sum it is agreed by the parties,
30 r~;~:rcsents q reas2nsrbl.e -;,n? I"air sum of non@y to be ?aid by
31 Carlsbad Elementary for it's proportionate share of the total
32 sewerage transmission lines to be constructed.
1
2 due
3 "t@ d. ?.I
4 and
5 the
0.d 4 9 3 732*50 as a cap- ,Z f t-d contribution charge, which is
and payable from Carlsbad Elementary to the City of Car&bad for
proportionate ownership of the disposal plant facilities owned
oDerated by the City of Carlsbad, and which sum it is agreed by
parties is equivalent to the capital contribution charge that
6 would be assessed against privnt e citizens if the property owned
7 by Carlsbad Elementary l!ere to be utilized for private use*
8 (c) $5,3&.60 for maintenance and operation of Exhibit Ir.A”
9 and the sewerage disposal system of the City of Carlsbad. for the
10 next $0 calendar years, colmencing with the calendar year beginning
11 J.anuary I 1956, '.".w*r~. -,:"": ->.-A---___ It is agreed by the parties that $148.01 is a
12 reasonable and fair charge for such maintenance and operation that
13 is to be borne by Carlsbad Elementary for each year for such period
14 of years.
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16 The O-C High agrees
17 1955 toward the ConstructTon
IV
to contribute on or before July 33,
co.::ts of Exhibit llAtr the total of the
18 following sum of cash noniesr
19 (a> 8~,501.50, \it;hich sum it is agreed by the Farties,
20 represents a reasonable and fair sum of noney to be paid by O-C
21 High for its prtoportionate share of the total sewerage tIXXlSmiSsi0~
22 lines to be constructed.
23 (b) @,537*50, as a capital contribution charge, wki.ch
24 is due and payable from O-C High to t!le City of Carlsbad for its
25 proportionate ownership of the disposal plant f ac ilit i-es owned and
26 operated by the City of Carlsbad, and T,hich sum it is agreed by
27 the parties is equivalent to the capital contribution charge that
28 would be assessed against private citizens if the property owned
29 by O-C High wer e to be utilized for private use.
30 (4 P-J M1.00 f?Jr $#A, ~,j,~(.nt;ergQl:~c -rn$\ Q”:-yyyltj.on 0: T,c-i?j.JJii; ‘* ‘ill
31 and the sewerage disposal system of the City of Car1sbo.d for the
-J// 32 next 12 calend.ar years, cmm~encing r.ith the calendar year beginning
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18 In the event that a
19 account for the construction
monies in such account shall
portion to the contributions
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January 1, 195%. It is agreed by the parties that $211,1_8 is a
reasonable and fair charge for such naintenance and operation
that is to be borne by O-C High for each year of such perloci of
years.
V
The parties hereto agree that the monies herein specified
to be paid by each party shall be placed in a spi:cial account of the
City of Carlsbad for the construction af k&ibit rl?rr,, That the
City of Carlsbad shall award the contract for tk;e construction
of Exhibit frilr7, and make all disbursements from the special account
for the v)ayment of such contrzct, That the City of Cnrlsbad shall
render to each of the other parties an accounting of the funds
disbursed in payment of the contract.
VI
It is agreed by the parties hereto that the title and
ownership of Exhibit trltf sP~al1 vest in the City of Carlsbad.
VII
surplus shall exist in the s,pecial
of Exhibit +Ytr, that the surplus
be returned to the parties in pro-
made. Intie event said special
account shall have a deficit, then in that event the City of Carlshad
shall provide sufficient additional monies to make all payments
required by the contract for the construction of Exhibit lrA1ln
VIII
It is understood and agreed that said special fund shall
beused for the sole purpose of constructing Exhibit ,?*I, together
with engineering costs and other expenses that are incidental to
and directly ~ttributnble to the costs of Exhibit f'kf)o
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i The City agrees to furnish to Carlsbad Union 40 years of
maintenance and operation of said Exhibit fr:211 in accordance with
provisions of Paragraph III above.
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The City agrees to furnish to O-C Eigh 12 years of
maintenance and operation of said 2hibit '1.A"' in accordance l!ith
provisions of Paragraph IV above.
XI
The City herewith covenants that there -c!ill be no further
contribution, charge or assessment hereafter dermnded, sought
or levied from O-C High or Carlsbad Elenentary for additional
sewer lines that may be built adjacent to the SC!-1001 properties.
CITY OF C?,RLSB!xD, C;2LIPOREI&
c- % Mayor
CARLSB?iD UEION SCHOOL DIsmkT OF
:: ( \:
APPROVED $3 TO FORM:
H -/-I
City .Rttorney, w
City of Carlsbad, California
APPROVED S TO FORT-i:
J.UEZS DON IEX,Ll%R, District Attorney and County Counsel in 2nd for the county of San Diego, State of California
?4&.
BY CQRROLL 3. S?ITEI, Deputy
OCZ4.KSIDE-C~~LSB.~ m1IOIL' EXIGZ SCHOOL DISTRICT OF S.;4N DIEGO CO'JNTY, ChLIF0,RUI.Q
- -.- Members Governing Board
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June 16, 1967
Board of Trustees
Oceanside-Carlsbad Union High School
District 150 South Horne Street
Oceanside, California 92054
ATTENTION: Calvin Gabriel
Gentlemen:
The City of Carlsbad would like to confirm the pre-
vious approval granted on February 13, 1953, to the Oceanside-Carlsbad Union High School District for use of certain lands for educational purposes, to
wit: Tract 248 and 249 Thum Lands in the City of Carlsbad.
Yours very truly,
JOHN 3. MAMAUX City Manager
JJM:ma
CARLSBAD HIGH SCHOOL
OCEANSIDE HIGH SCHOOL
BOARD OF TRUSTEES
F. GARDNER BARNARD, JR., President
MRS. LUCY C. HOSKINS, Vice President
JOHN FRENZEL, Clerk
MRS. JEAN A. KISSINGER
CLINTON L. PEDLEY
150 South Horne Street
Oceanside, California 92054
June 15, 1967
ALFRED D. LAFLEUR
Superintendent
CALVIN GABRIEL
Business Manager
Mr. John Mamaux, City Manager City of Carlsbad City Hall Carlsbad, California 92008
Dear John:
As you may or may not know, our Board has authorieed the purchase of
one of the five (5) parcels adjacent to the Carlsbad High School site
for which we have been negotiating. I had cleared with the County Su-
perintendent's office last week in a preliminary way the matter of ap- proval by the City of Carlsbad, but when I took to them today the es- crow and the warrant in payment I was told that these approvals are not valid for this long a period. Accordingly, we are in urgent need of your re-approval or confirmation of your previous approval. As you know, by the way, a school district must have city and state ap-
proval before property can be purchased for school purposes.
For your convenient information, the City approval was issued by Mr. Edward G. Hagen, City Clerk, on February 13, 1953 and read as follows:
t'Replying to Mr. Gabriel's inquiry, Tract 2.48 and 249 of Thum Lands in the City of Carlsbad are classified by Carlsbad Ordin- ance #9005 as Zone E2 which includes, among other permitted uses,
schools and colleges."
Because of the urgency, it would be most helpful to us if we could
have your reply almost by return mail. (We would be most happy to pick it up if you would call us.)
Your assistance with this will be most sincerely appreciated.
Cordially yours, ,
s .,’ ..;cL ‘
CT,. -a.. . - . -
Calvin Gabriel Business Manager
CG:mo