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Home My WebLink About1973-10-16; City Council; 2183; Leucadia-Encinitas-Carlsbad Sewer Agreement.. . -1 i 7 _-, '=, + TI-!-! CITY OF CARLSPAD, CALIFORZIA ,I-- <.; - & DateLC tober - 16, 1973 Referred To: -- .- Subject: . Submitted By: Leucadia-Encinitas-Carlsbad .Sewer Aureement for La Costa Blvd. from the ATGSF R.R. t'o Carlsbad Blvd. Public Works . -- Statement of the Matter. The Lanikai Lane Mobile Home Park area was recently annexed to the City. A Gondition of annexation was that the Park connect to the City Sewer system. *See Exhibit A - PC Resolution #831). City sewers are not available in the area at this time. ' An economical and feasible solution to serve the Parkwould be to .oversize a portion of the Leucadia-Encinitas trunk line which is presently under construction. All costs shall be borne by Lanikai Mobile Home Park. Authorization is required for the Mayor and City Clerk to execute the attached agreement. (See Exhibit B) Exhibit "A'' PC Resolution # 831 clBtr Leucadia-Encinitas-Carlsbad Sewer Agreement (rough draft) tlC" Letter from Jack E.Robinson dated March 30, 1973 I'D" Letter from Jack E. Robinson, dated October 15, 1973, pu'otesting reimbursement fee of $5,500 for sewer trunk connection fee. Staff Recommendations Adopt a motion authorizing the Mayor and City Clerk to'execute the attached Leucad i a-Ca r 1 sbad Enc i n i tas Agreement . . AB No. Date: October 5, 1973 City Manager's Recommendatjon .- .- Co unci 1 Ac ti on 10-18-73 A motion was made that authorization be given the Mayor and City Clerk to execute an agreement with Leucadia County Water District subject ot obtainimg an agreement from Mr. Jack Robinson, owner of Lanikai Mobile Home Rark, to recind his protest for -the deposit of $5,500 in reimbursement to the City for sewer District. 7 - trunk connection charged to the City by Leuaadia County Water .. . .. Leucadia Ccunty District :*larch 30, 1973 2wcp 2 Your considerakLon of our hardship Will be greatly apprecirted. Don Beach Lanikai Lane Mobile Rome Park i L POST OFFICE BOX NO. 84 * DOWNFIY. CALIFORNIA 90241 (213) 928-2900 YQU are familiar with the fact &&at, slibject to the approvaz of yo-- agency -6 131s CiYy of Carisbad, we p1m to come& to yuur pxopsed ~aiT: line sewer system at the nanhola or, the west side 02 the Santa Pc Pailmad right-of-way aad old LaCosta Boulevard, X an requesting that you seek approval of the proper agencies to pemtit the construction of the sewer under the right-of-way as we11 as the connectfun on the east side of the right-of-way ad the construction of tha aforementioned manhole as an early priority construction item. We are requestfng thatwe then be allowed to connect to .this manhole and the sewex so installed uniier the right-of-way prior to your completion of the full main line. We axe seeking this requ8s.f: as a hardship case deserving o€ specfal consideration and justified under the following CM- sidsations: LRNXAI LANE M03ILE HOME P,A.Ri( CARLSSAD CALI FO F! N iP EXH I B I T "C" LEUCADIA COUNTY WATER DISTRZCT, CITY OF CARLSBAD AGREEMENT IN REGARD TO CONSTRUCTION OF SEWER PIPELIXE IN lA COSTA BOULEVARD FROM THE ATCHINSON, TOPEKA AND SANTA FE RAILROAD CCWANY RIGHT-OF-WAY TO CARISBAD BOULEVARD THIS AGREEMENT is made and entered into this day of ,1973, by and among, CITY OF CARLSBAD ("Carlsbad"), LEUCADIA COUNTY WATER DISTRICT ("Leucadia") , and ENCINITAS SANITARY DISTRICT ("Encinitas") . RECITALS A. Leucadia and Encinitas have employed Engineering-Science, Inc, to design an 18-inch sewer pipeline from a point in the east right-of-way of the Atchinson, Topeka and Santa Fe Railroad Company in the City of Carlsbad to a point approximately 660 feet westerly of the easterly right-of-way line. B. Carlsbad has requested the redesign of the pipeline from the point on the east right- 75 feet west of the easterly right-of-way line so as to increase the size e pipeline to 21-inches to provide capacity for Carlsbad. C. The cost of construction of h line is to be borne by Leucadia and Encinitas and the cost zing the line from 18-inches to 21-inches is to be borne by Car % 1 IT IS, TKEREFORE, AGREED BE PARTIES AS FOLLOWS: Section 1. . Leucadia and Encinitas shall cause to be constructed the sewer facilities described above. The pipeline shall be constructed in accordance with the specifications and plans approved by Leucadia and Encinitas. No changes shall be made in the approved plans or specifications without the consent of Carlsbad, Leucaclia and Encinitas. Carlsbad shall be allowed to inspect the facilities at all stages of construction, however, priclary responsibility for inspecrion shall rest with Leucadia and Encinitas. -I - EXHIBIT "B" r Section 2. Pavment for Oversizing. The cost of the construction of the pipeline shall be borne by Leucadia and Encinitas except for the cost of oversizing which shall be borne by Carlsbad. cost of oversizing the portion of the pipeline that is increased in size from 18-inches to 21-inches as follows: Carlsbad shall pay the a. For the cost of oversizing the pipeline, engineering, (acquiring the permit from t e railroad) and all other incidental e eases, 45-d" a 2% ?572-4 110 Carlsbad shall pay $- divided as follows: Paid to Leucadia $L,oee-ea;- *> 1) 7.P* @* Paid to Encinitas $2+0-@7 . . The entire sums shall be due and payable to Leucadia and Enciniras within 30 days of this Agreement. Any engineering changes requested by Carlsbad after the da paid by Carlsbad at the rate of $25.0 for blueprints, mileage or other inc ems. Any modifications shall be approved by all parties s to this Agreement. this Agreement shall be for engineering plus costs Section 3. . Upon completion of the 21-inch pipeline in accordance with ed plans and specifications, and acceptance thereof by Carl cadia and Encinitas; Carlsbad, Leucadia and Encinitas shall take t and own the 21-inch pipeline as follows: Leucadia - 62% Encinitas - 31% Carlsbad - 7% The costs of maintaining, operating and repairing the 21-inch pipeline shall be borne 62% by Leucadia, 31% 3y Encinitas and 7% by Carlsbad. Leucadia and Encinitas shall manage the maintenance of,the foregoing facilities and will bill Carlsbad for 7% and Encinitas for 31% of the main- tenance costs . Section 4. Easements. This Agreement is contingent and conditional upon the receipt of license agreements to Leucadia and Encinitas covering railroad right-of-way in which the sewer facilities are to be located. The license agreements will be held by Leucadia, .. IN WITNESS WFJIIEOF, this Agreement has been signed by the parties on the dace indicated below: Dated : CITY OF CARLSBAD ATTEST: Dated Dated: ENCINITAS SANITARY DISTRICT BY BY .-3- il -. . . . . .. . . . - I 2 2 4 F E 'i E < I( 11 1: 1: Id l! 1t 1: 3.l 1< 2( 21 2; 2; 21 2: 2t 2'; 2E 26 3c 33 3: PLANNING COMMISSION RESOLUTION NO. 831 A RESOLUTION OF THE CARLSBAD CITY PLANNING COMPlISSION GRAKTIFIG A PRE-ANNEXATIONAL CONDITIONAL USE PERMIT Or4 PROPERTY LOCATED SOUTHERl,Y OF PALOMAR AIRPORT ROAD BETWEEN A.T.& S.F. RAILROAD RIGHT OF WAY AND CARLSBAD BOULEVARD WHEREAS, pursuant to the provisions of Title 21 of the Carlsbad Municipal Code, the Planning Commission did on September 12, 1972, hold a duly noticed public hearing to consider the application of South Shores Development Corp. for a Pre-Annexational Conditional Use Permit to allow an existing 146 Unit. Mobile Home Park on real property in the Ci-ty of Carlsbad, County of San Diego, State of California, located Southerly of Palomar Airport Road between A.T.& S.F. Railroad Right of Way and Carlsbad Boulevard, and more parti- cularly described as: Portions of Lot No. 1 of Section No. 29, Township 12 South, Range 4 West of SBB&M. WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments, if any, of all persons who desired to ie heard, said Commission did find the following facts and reasons to exist which make the granting of a Pre-Annexational Conditional Use Permit necessary to carry out the provisions and general purpose of Title 21 of the Carlsbad Municipal Code: 1. Approval of this application would fulfill the requirements of the Carlsbad Zoning Ordinance Title 21; Chapter 21.42; Section 21.42.010 (Conditional Use Permits). 2. Approval of this application would not be materially detri- nental to the public safety or welfare. PlO'vJ, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad that it does hereby grant a Pre-Annexational Zondftional Use Permit.on said property, wjth the following con- iitions and limitations: 1. The mobile home park shall connect to a public sewer system EXH I5 I T "A" 1 2 3 4 5 e 7 6 9 10 11 12 13 14 1E l€ 17 1€ 1: 2c 21 22 23 24 25 26 27 28 29 3c 31 32 -. and no costs for such conversion shal’l be borne by the City of Carl sba’d. 2. The applicant shall provide fire hydrants and fire protection appurtenances as required by the City of Carlsbad Fire Department. 3. The Conditional Use Permit is effective only up,on successful final completion of annexation proceedings to City of Carlsbad. 4. That the Conditional Use Permit be established for a period If twenty (20) years with potential of five (5) year renewal periods every five years thereafter upon review by Planning :ommission, starting with the date of annexation with expiration !ate of December 31 of twentieth year. PASSED, APPROVED AND ADOPTED at a regular meeting of the :arlsbad City Planning Commission held on the 12th day of September 1972, by the following vote, to wit: AYES: Commissioners Jose, Forman, Norman, Dominguez, Dewhurst, NOES: None Palmateer, Little ABSENT: 140 one