HomeMy WebLinkAbout1993-05-04; City Council; 12207; APPROVE LEASE AGREEMENT WITH US WEST CELLULAR OF CALIFORNIA INC. FOR CELLULAR SITE AT CHASE FIELDL c
AB # 'x! '* ' TITLE: APPROVE LEASE AGREEMENT WITH MTG. 5-4-93 US WEST CELLULAR OF CALIFORNIA, INC.
DEPT. UEM FOR CELLULAR SITE AT CHASE FIELD
DEPT. t
CITY A'
CITY MI
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B BILL '!yl (-12 - Cw OF CARLSBAD - AGEW
RECOMMENDED ACTION:
Adopt Resolution No
the City of Carlsbad
ITEM EXPLANATION:
US West Cellular recently contacted Utilities & Maintenance staff and indicated a need for a (
in Carlsbad along the 1-5 corridor between Tamarack and Carlsbad Village Drive. Since c'
are typically located on government property, and since this represents a potential new
revenue for the City, staff surveyed City property within the area. Of the properties sun
Chase Field met the cellular site requirements.
US West Cellular proposes to construct a permanent structure consisting of 672 sq. ft., ap(
240 sq. ft. of which would be dedicated for City storage use. This would replace an existins
metal storage container at the site that is currently utilized by various sports organizations.
one of the ball field light poles would be replaced with a monopole antenna, which is apprc
feet taller than the existing poles. The ball field lights would be remounted on the antenn
Because of the significant design and development costs for a cellular site, US West Ce
prefer an approved lease agreement with the City prior to initiating the project. The lea!
contingent upon obtaining all required approvals such as a Conditional Use Permit (CUP), 1
in annual rental income to the City of $9,600.00.
The project was recommended for approval by the Parks and Recreation Commission at
1993 meeting.
City Council approval of this recommendation allows US West Cellular to apply for the rc
use permits, and does not commit the City to land use approval.
authorizing the City Council to execute the lease agreemer
st Cellular.
FISCAL IMPACT:
The proposed lease agreement would result in annual revenue to the City of $9,600.00.
EXHIBIT
1. Resolution No.
2. Summary of Proposed Lease Agreement.
3. Proposed Lease Agreement between the City of Carlsbad and US West Cellular,
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RESOLUTION NO. 93-128
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING THE LEASE AGREEMENT
WITH US WEST CELLUMR OF CALIFORNIA, INC. FOR A
CELLULAR SITE AT CHASE FIELD
WHEREAS, US WEST CELLULAR requested permission to lease approximate
square feet of space at Chase Field to construct a cellular telephone site; and
WHEREAS, the City Council of the City of Carlsbad, California, has determil
approval of the lease agreement would benefit the City by receiving annual revenues of $
and result in the addition of a permanent storage facility at Chase Field at no cost to
and
WHEREAS, the Parks & Recreation Commission recommended approval of the F
lease agreement with US West Cellular at its April 19, 1993 meeting,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of (
California as follows:
1.
2.
That the above recitations are true and correct.
That the Lease Agreement between the City of Carlsbad and US West I
California, lnc., attached hereto as Exhibit 3, is hereby approved.
That said lease is contingent upon US West Cellular obtaining all
governmental approvals.
That the Mayor is hereby authorized to sign the lease agreement on bc
City.
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3.
4.
Ill111
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of
of Carlsbad, California, on the 4th day of MAY , 1993, by the following votc
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Fii
NOES: None
ABSENT: None
I ATTEST:
ALETHAL. R
(SEAL)
I
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SUMMY OF PROPOSED LEASE AGREEMENT
WITH US WEST CELLULAR FOR A
CELLULAR SI'IE AT CWASE FIELD
TERM: Initial term of five (5) years, commencing upon writte
notification to the City by US West Cellular of its receipt of a
governmental approvals. In addition, the lease may t
extended for four (4) additional five (5) year terms, the la
two of which are at the City's option. The City reserves tl
right to relocate all improvements, if necessary, at its ov
expense, to accommodate any park expansion or renovatior
The annual rent for the first term is $9,600.00. The annu
rent will increase 15% each succeeding five (5) year term.
US West Cellular will construct a permanent structure of 6;
square feet to house its communications equipment. TI
facility will match the existing structure and inch
approximately 240 square feet dedicated for City use. This w
replace the temporary metal storage building that is current
being utilized. In addition, one existing ball field light PC
will be replaced with a new monopole antenna similar to t'
one at Carlsbad High School. The existing ball field lights M
be remounted on the new antenna pole.
The improvements shall become the property of the City up
expiration, or termination, of the lease.
US West Cellular must obtain a Conditional Use Permit a
Building Permit from the City. In addition, it must sect
approval from the Federal Communications Cornmission (FC
and the California Public Utilities Commission (CPUC).
RENT:
IMPROVEMENTS:
APPROVALS:
e a
ORIGrn
SDG CARLSE
LEASE AGREEMENT
This Agreement, made April 19, 1993, between CITY OF CARLSBAD, hereinafter referred to as "LESS
US WEST CELLULAR OF CALIFORNIA INC., 3350 161st Avenue Southeast, P. 0. Box 9121 1, Bell
Washington 98009-221 1 hereinafter referred to as "TENANT".
RECITALS
1 LESSOR is the owner of certain real property located in Citv of Carlsbad. County of San Diegc
State of California, and;
2. TENANT desires to lease a portion of said real property, the leased portion of which shall be he
referred to as "Property", including rights-of-way and easements for ingress, egress and utilities thereto, I
approximately 2700 square feet, described on Exhibit "A", and its subparts, attached hereto and incorpor
by this reference.
LEASE AGREEMENT
1. LESSOR hereby leases to TENANT that certain parcel of property (hereinafter "Property") cor
2700 square feet situated on Assessor's Parcel Number 204-19-193, City of Carlsbad, County of San Die
State of California, together with the non-exclusive right for ingress and egress, seven (7) days a week, t
(24) hours a day, on foot or motor vehicle, including trucks, and for the installation and maintenance of
cables, conduits, and pipes over, under, or along a twenty (20) foot wide right-of-way and easement extc
the nearest public right-of-way Chestnut Avenue to the demised premises. LESSOR agrees, without del
execute any such easement documents as may be required by any and all utility companies in connection
TENANT'S use of said Property. Said Property, right-of-way and easement for ingress, egress and utili
described herein in Exhibit "A", and its subparts, attached hereto and made a part hereof by this referenc
2. LESSOR also hereby grants to TENANT the right to obtain metes and bounds legal descriptio1
survey of said Property, and said metes and bounds legal description and/or survey shall then become EF
which shall be attached hereto and made a part hereof, and shall control in the event of discrepancies bet
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Exhibit "A", and its subparts. Cost of such work shall be paid by TENANT
3. This Agreement shall be for an initial term of five (5) years, commencing upon written notificatior
TENANT to LESSOR of TENANT'S receipt of all governmental approvals (the "Commencement Date"),
annual rental of Nine Thousand Six Hundred Dollars ($9.600 00) to be paid in equal monthly installments
first day of each month, in advance, to Citv of Carlsbad or to such other person, firm, or place as the LES:
from time to time, designate in writing at least thirty (30) days in advance of any rental payment date.
4. TENANT shall have the right to extend this lease for two (21 additional five (5) year terms by gk
LESSOR written notice of its intention to do so at least six (6) months prior to the end of the then current
(a). In addition. this lease may be extended for two (2) additional five (5) year terms (third i
extension) upon written approval bv both TENANT and LESSOR. TENANT shall provide LESSOR wn
of TENANT'S request for said additional term at least twelve (12) months prior to the end of the then CUI
LESSOR shall provide to TENANT written approval or disapproval for said requested additional term w
(2) months of the receipt of TENANT'S written request for said additional term.
5. The annual rental for the first five (5) year extension term shall be increased to Eleven Thousand
Dollars ($1 1.040.00); the second (2nd) five (5) year extension term shall be increased to Twelve Thousar
Hundred Ninety Six Dollars ($ 12.696.00); the third (3rd) five (5) year extension term shall be increased
Thousand Six Hundred Dollars ($14.600.00); and the fourth (4th) five (5) year extension term shall be in
Sixteen Thousand Seven Hundred Ninety Dollars ($16.790.00).
6, If, at the end of the fourth (4th) five (5) year extension term, this Agreement has not been termii
either party by giving to the other written notice of an intention to terminate it at least six (6) months pri
end of such term, this Agreement shall continue in force upon the same covenants, terms, and conditions
rental specified for the last five (5) year extension term, for a fk-ther term of one (1) year and for annual
thereafter until terminated by either party giving to the other written notice of its intention to so terrninat
six (6) months prior to the end ofsuch term.
7. TENANT shall use the ]Property for the purpose of constructing, maintaining, and operating a 1
Communications Facility and uses incidental thereto, consisting of one (1) building of approximately 43;
feet and one (1) antenna structure of approximately 70 feet in height, including cellular antennas, link an
all necessary connecting waveguide and appurtenances. The contents of said building shall include, witf
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limitation, radio transmission and computer equipment, and emergency battery and generator equipment
fence consisting of chain link construction or similar, but comparable, construction may be placed arounc
perimeter of the Property (not including the access easement). All improvements shall be at the TENAN
expense. TENANT shall maintain the Property in reasonable condition. It is understood and agreed thai
TENANT'S ability to use the Property is contingent upon its obtaining, after the execution date of this A
all the certificates, permits, and other approvals that may be required by any federal, state, or local autho
LESSOR shall cooperate with TENANT in its efforts to obtain such approvals and shall take no action v
adversely affect the status of the Property with respect to the proposed use thereof by TENANT. In the
any of such applications should be finally rejected or any certificate, permit, license, or approval issued tc
is canceled, expires, lapses, or is otherwise'withdrawn or terminated by governmental authority so that T
its sole discretion, will be unable to use that Property for its intended purposes, TENANT shall have the
terminate this Agreement. Said termination right shall also apply in the event that TENANT is otherwise
sole discretion, precluded from using the Property for its intended purpose. Notice of the TENANT'S ex
its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and
effective upon receipt of such notice by the LESSOR as evidenced by the return receipt. All rentals paid
lease of the Property to said termination date shall be retained by LESSOR. Upon such termination, this
shall become null and void and all the parties shall have no hrther obligations, including the payment of r
each other.
la). In addition to TENANT'S described Mobile Communications Facilities, TENANT shal
at TENANT'S expense. for the sole use by the LESSOR or other party or parties which LESSOR may d
from time to time. one (1) building of approximatelv 240 square feet. Construction of said building shall
in appearance to the existinrs building located on the property and shall be constructed with adequate elec
wirinp and fixtures. and shall not be constructed with any plumbing facilities or fixtures. AI1 necessary ce
permits. and other apjrovals that mav be required by any federal. state. or local authorities shall be the re
--- of' '1I;NAN'I'. __-
jb) From time to time during the term of the lease as set forth in this agreement. LESSOR
LESSORS sole expense. require TENANT to relocate TENANT'S described Mobile Communications Fi
pursuant to this agreement to another location on the LESSOR'S property within the same geopraphical a
e a
LESSOR shall provide TENANT with (1) building of aDproximately 432 square feet and similar space fc
relocation of one (1) antenna structure of approximately 70 feet in height. including cellular antennas. lid
and all necessary connectin? waveguide and appurtenances.
8. TENANT shall indemnifL and hold LESSOR harmless against any claim of liability or loss from 1
injury or property damage resulting from or arising out of the use and occupancy of the Property by the 7
its servants or agents, excepting, however, such claims or damages as may be due to or caused by the act:
LESSOR, its servants or agents.
9. TENANT shabrocure and maintain for the duration of the contract. insurance against claims fo
to persons or damafe to property which may arise from or in connection with the performance of the wor
hereunder bv the TENANT. its apents. representatives. employees or subcontractors. Said insurance sha
LESSOR'S policy for insurance as stated in Resolution No. 91-403.
la). COVERAGE AND LMTS - TENANT shall maintain the types of coverage and minin
indicated herein:
1. Comprehensive General Liabilitv Insurance: $1 .OOO.OOO.OO combined single lim
occurrence for bodily injurv and property damaFe. If the policy has an aggregate lin
separate aggregate in the amounts specified shall be established for the risks for whic
LESSOR or its acents, officers or employees are additional insureds.
10. TENANT will be responsible for all utilities required by its use of the Property. TENANT shall
real estate taxes levied against Property and the improvements constructed thereon by TENANT.
1 I. TENANT, upon termination of this Agreement, shall, within a reasonable period, remove its per
property and fixtures and restore the Property to its original condition, reasonable wear and tear excepted.
time for removal causes TENANT to remain on the Property after termination of this Agreement, TENAN
pay rent at the then existing monthly rate or the existing monthly pro-rata basis if based on a longer paymei
until such time as the removal of personal property and fixtures is completed. At LESSOR'S option when t
Aereement is terminated. and upon LESSOR'S advance written notice to TENANT. TENANT will leave tl
foundation. building(s) and security fence to become the Dropertv of LESSOR. or at the discretion of the L
shall be removed by TENANT.
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(a), TENANT avrees to deposit with LESSOR. at least ten (10) days prior to the commenct
this Lease. either Ten Thousand Dollars ($10.000.00) cash deposit to be held in trust. in an interest bearin
or a performance bond in the amount of Ten Thousand Dollars (SlO.OOO.00) for the purpose of securing 1
demolition of the building[s) and removal of the antenna structure as provided herein. Said bond shall be
pavable to the City of Carlsbad. and shall be in force during the entire term of this lease or extension there
performance bond shall contain the following notice requirement:
“It is agreed that this bond shall not be canceled nor the coverage reduced
until ninetv (90) davs after the Director, Utilities and Maintenance of the City
of Carlsbad, shall have received written notice of such cancellation or
reduction. The notice shall be sent by certified or registered mail. and shall be
deemed effective the date delivered to said Director. as evidenced by properly
validated return receipt.
12. Should the LESSOR, at any time during the term of this Agreement, decide to sell all or any PE
Property (the Property to include only the parcel leased hereunder) to a purchaser other than TENANT,
shall be under and subject to this Agreement and TENANT’S right hereunder, and any sale by the LESS(
portion of the LESSORS property underlying any and all rights-of-way and easements for ingress, egres
utilities herein granted shall be under and subject to the right of the TENANT in and to such rights-of-w:
easements.
13. LESSOR covenants that TENANT, on paying the rent and performing the covenants by it hert
shall and may peacehlly and quietly have, hold, and enjoy the leased Property,
14. LESSOR covenants that LESSOR is seized of good and sufficient title and interest in the Pro(
has hll authority to enter into and execute this Agreement. LESSOR fkrther covenants that there are nc
judgments, or impediments of title on the Property.
15. It is hereby mutually agreed and understood that this Agreement contains all agreements, pron
understandings between the LESSOR and TENANT and that no verbal or oral agreements, promises, or
understandings shall or will be binding upon either the LESSOR or TENANT in any dispute, controvers
proceeding at law, and any addition, variation, or modification to this Agreement shall be void and inefft
in writing and signed by the parties hereto.
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16. This Lease Agreement and the performance thereof shall be governed, interpreted, construed, an
regulated by the laws of the State of California
17. This Agreement may not be sold, assigned, or transferred at any time by TENANT except to TE
affiliates or subsidiaries. As to other parties, this Agreement may not be sold, assigned, or transferred witt
written consent of the LESSOR, such consent not to be unreasonably withheld.
18. In the event that either party hereto shall institute suit to enforce any rights hereunder, the preva
shall be entitled to recover court costs and a reasonable attorney's fee. Upon appeal, the prevailing party I
entitled to recovery of court costs and reasonable attorneys' fees incurred as a result of such appeal.
19. All notices hereunder must be in writing and shall be deemed validly given if sent by certified m:
receipt requested, addressed as follows (or any other address that the party to be notified may have design
the sender by like notice):
TENANT: US West Cellular of California. Inc.
3350 l6lst Avenue Southeast
P. 0. Box 9121 1
Bellevue, Washington 98009-221 1
Attn: Real Estate Department
LESSOR: City of Carlsbad
Utilities and Maintenance Director
405 Oak Avenue
Carlsbad, California 92008
Telephone: 61 9-43 8-7753
20. This Agreement shall extend to and bind the heirs, personal representatives, successors and assi
parties hereto.
21. At LESSOR'S option, this Agreement shall be subordinate to any mortgage by LESSOR which
to time, may encumber all or part of the Property and any or all Rights-of-way and easements thereto; pr
however, every such mortgage shall recognize the validity of this Agreement in the event of a foreclosure
LESSORS interest and also TENANT'S right to remain in occupancy of and have access to the Property
TENANT is not in default of this Agreement. TENANT shall execute whatever instruments may reasona
required to evidence this subordination clause. If the Property is presently encumbered by one or more m
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LESSOR will provide TENANT with a Non-Disturbance Agreement in recordable form for each such mo
22. TENANT shall indemnifk, defend and hold LESSOR harmless from and against any claim, cost,
(including reasonable attorney's and consultant's fees), damage, penalty, or liability imposed upon LESSOP
fiom the treatment, storage, generation, release or disposal of any substance by TENANT, its agents, cont
employees, on, under, in, or about the Property which substance is designated as hazardous, dangerous, to
had! and/or subject to regulation under federal, state or local law, regulation or ordinance ("Hazardous
Substances").
23. The rights and obligations of the parties as set forth in paragraph number 22 shall survive the ter
of this agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the da
first above written.
TENANT:
Vic President
zte: 4/)qh3 Its: Mayor
Date: 6/22/93
95-6004793
SS # or Taxpayer ID ##
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State of Washington
County of KING
61, is3 On
personally appeared
before me, A NOTARY PUBLIC FOR THE STATE OF
(here insert name and title Of Officer) WASHINGTON
CAT,IFORNLA. INC.
WTT.T.T&M DTXnN THE VTrE PRRSTnENT FnR '' !? WEST rETuT'AR OF
personally known to me (or proved to me on the basis of SatiSfaCtOW evidence) to be the person(s)
whose name(s) is/are subscribed to the within instument and acknowledged to me that he/-hey
executed the Same in his/h&w authorized capacity(ies), and that by his/hdtbd signature(s) On the
instument the person@), or the entity upon behalf of which person(s) acted, ex~~ted the instrument-
WITNESS my official hand and seal.
Signature= n c~c, - \LNvA--\/ (Seal)
\\- \s-Wf
0 INDIVIDUAL(S)
TITLE(S)
State of California
Countyof San Diego
personally appeared Claude A. Lewis ............................ ATTORNEY-IN-FACT
I
NAME(S) OF SIGNER(S)
to be the person@) whose name(-sj is/afe
subscribed to the within instrument and ac-
the same in his/be&ktr authorized
capacity@), and that by his/++e+Abe3
GUARDlANiCONSERVATOR
City of Carlsbad
THIS CERTl FlCATE
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages 10 Date of Document April 19, 1993
0 1991 NATIONAL NOTARY ASSOCIATION * 8236 Remmet Ave . P 0 Box 7184. Canoga Park CA
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State of Washington
County of KING
On 6j ,143 before me, A NOTARY PUBLIC FOR THE STATE OF
WASHINGTON (here insert name and title of officer)
personally appeared WTJ.T.TAF4 T)TXT)N THE VTf‘E PRESTm.NT FOR IT S WEST CJJJJT.AR OF
C.
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person@)
whose name@) islare subscribed to the within instument and acknowledged to me that he/she#keg
executed the same in his/hedkh& authorized capacity(ies), and that by his/bLtheir signature@) on the instument the person@), or the entity upon behalf of which person@) acted, executed the instrument.
WITNESS my official hand and seal.
Signature- - -. Q\ \LW+---\,’ (Seal) \\-\q-y
4
State of California
capacity(ies), and that by his/her/their signature(s) on the
alf of which person(s) acted, executed the instrument.
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EXHIBIT 'I A"
PAGE 1 of 2
LEGAL DESCRIPTION
TIE LAND REFERRED 'ro HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS.
LOTS 1 THROUGH 32, INCLUSJSE IN BLOCK 61 OF CARLSBAD, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP TEEEREOF NO. 365, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 2,1887
TOGETHER WITH ALL THE ALLEY LYTNG WITEBN SAID BLOCK 61 AS
VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION RECORDED APRIL
18, 1930 IN BOOK 1755, PAGE 287 OF DEEDS.
ALSO TOGETHER WITH THE SOUTHEASTERLY HALF OF CHESWT
AVENUE ADJACENT TO AND ADJOINING THE NORTHWESTERLY LINE OF
SAID BLOCK 61, AS VACATED AND CLOSED TO PUBLIC USE BY
RESOLUTION NO 265, RECORDED JUNE 24,2957 IN BOOK 6633, PAGE 230 OF
OFFICIAL RECORDS
0. .. EXBIBIT "A .'I
Assessor's Parcel No. 204-19-19:
Page 2 of 2 PALM AVENUE
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CHESTNUT AVENUE
Aprfl 3, 1978
P4r. Harley F. Bloom County Recorder P.O. Box 17SO §an Diego, CA 92112
Enclosed for Pecordfng Is the folibowlng described decumen t :
t Grant Deed From The Carlsbad, Unlfled School Dl strl ct To The Cfty of Carlsbad A89 of Flloek 61 and the alley wlthin, Accordfng to Map No. 175, In the City of Carlsbad.
y+
Our staff has determledd that the recordlng OC thls document Is o$ benefit to the City; therefore, ft Is reuqeested that th@ fee be wQivQld.
Thank you for your asslstance In thls matter,
MARGARET E. ADAM§
City Clerk
MEA: ks
Enclosure (1)
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L --J G@rnsb@d uniff H@d SGh@dI dHS~lG0
:,” / f*G?& ,, /.‘
001 pine avenue carlsbad,california 92000 729-9291
March 3, 1978
Mr. Paul D. Bussey
Carlsbad City Manager
1200 Elm Avenue
Carlsbad, California 92008
Dear Mr. Bussey:
Re: EDA Project No. 07-51-26647
The Board of Trustees for Carlsbad Unified School District met
for its Public Hearing on March 1, 1978 at 7:30 p.m. to adopt Resolu-
tion No. 13-7778 to convey real property owned by the school district
to the City of Carlsbad.
The Resolution and Grant Deed duly executed are enclosed. This
now completes the property transactions involved in our agreement for
the EDA project referenced above.
Sincerely,
Glen Whitener
Associate Superintendent
GW : mw
\
ROBERT A. CRAWFORD D,STRICT SUPERlNTENDENT BOARD OF EDUCATION THOMAS L CURTIN. M D W ALLAN KELLY RICHARD R O’NEIL. M D MARY A SCHERR
e.
v @!L .* &BAD UNIFIED SCHOOL DIS CT
.. *’
Resolution to Convey ) RESOLUTION NO. 13-777
Real Property Owned by )
the Carlsbad Unified ) School District to the ) City of Carlsbad . . - )
On motion of Member Curtin , seconded by Member
WHEREAS, this Board on February 1 , 1978 adopted its
resolution of intention to convey to the City of Carlsbad that rea
property described in said resolution upon the terms and condition
more particularly set forth in said resolution; and,
WHEREAS, said resolution provided that a public meeting of
Kelly , the following resolution is adopted:
this Board be held at its regular place of meeting, to wit:
on March 1 , 1978 at 7:30 p.m., at which time and
place any person desiring to protest said action could appear and
be heard; and,
WHEREAS, notice of the adoption of said resolution was du:
given as provided by law, all of which appears by the affidavit 0:
publication on file in the office of this Board; NOW THEREFORE,
IT IS RESOLVED that the President of this Board be and is
hereby authorized and directed to execute a grant deed to the
property described in said resolution to the City of Carlsbad,
California, according to the terms and conditions mentioned above
and set forth in the aforesaid resolution.
PASSED AND ADOPTED by the Governing Board of the Carlsbad
Unified School District of San Diego County, California this
1st day of March , 1978 by unanimous vote of all
members of this Board.
001 Distric
of San Diego County, California
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\ b’, ;- 0 0 I/< c i c ,’ .<
1 [*I I<+$& &i&&@d miliff i@d SGh@@U BiSOV~Gf? (
\ --J 001 pine avenue carlsbad,california 92000 729-9291
February 23, 1378
Mr. Paul D. Bussey Carl sbad City Manager
1200 Elm Avenue Carlsbad, California 92008
Dear Mr. Bussey:
Re: EDA Project No, 07-57-26647
As part of the cooperative arrangement between the city and the
school district in connection with the recent Economic Development Administration grant 9 the governing board adopted the attached resolu- tion on February 1 b 1978.
A public hearing will be held on March 7, 1978, 7:30 p.m., at the board’s regular meeting place, Valley Junior High School, Pod A, 1645 Magnolia Avenue, regarding the conveyance of property located at Chestnut Avenue and Harding Street (Little League fields) to the city. It is anticipated that a grant deed will be executed shortly thereafter and forwarded to you late next week.
Sincerely,
Associate Superintendent
GW: aw att,
ROBERT A. CRAWFORD DISTR,CT SUPERlNTENDENT BOARD OF EDUCATION THOMAS L. CURTIN, M.D. W. ALLAN KELLY JOHN J. MAMAUX RICHARD R. O’NEIL. M.D. MARY 1
e RESOLUTION NO, 11-777 c %.0 t ,’.
Resolution of Intenticn to ) Convey Real Property Owned )
by the Carlsbad Unified 1 School District to the City ) of Carlsbad . . . . . . . . )
0
I
On motion of Member Kelly , seconded by Member Mamaux
the following resolution is adopted by the Governing Board of the Carlsbad
Unified School District of San Diego County, California:
WHEREAS, Carlsbad Unified School District of San Uiego County,
California is the owner of the following described real property:
All of Block 61 and the alley closed to public use within said Block, all being of the Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 775, filed in the office of the San Diego County Recorder, February 15, 1894.
Chestnut Avenue with the Southwesterly line of Harding Street (formerly Fifth Street) as shown on said Map No. 775; theRce Southwesterly along said Southeasterly line of Chestnut Avenue
and the Southwesterly prolongation thereof to the most Westerly corner of Lot 16 in Block 61 of said Map No. 775; thence South- easterly along the prolongation of the Northeasterly line of Jefferson Street (formerly Fourth Street) to the Northwesterly line of Palm Avenue all as shown on said Map No. 775; thence
Northeasterly along said Northwesterly line of Palm Avenue to said Southwesterly 1 ine of Harding Street (formerly Fifth Street); thence Northwesterly along said Southwesterly line of Harding Street to the Point of Beginning.
MHEREAS, in the judgment of this board said real property is not and \q
not at the time of delivery of title or possession be needed for schccl cla
room buildings by said district and it is in the best public interest that
said real property be conveyed to the City of Carlsbad, NOW, THEREFORE:
Beginning at the intersection of the Southeasterly line of
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BE IT RESOLVEP by the Governing Board of the Carlsbad Unified School
District of San Diego County, California, that pursuant to 5s 39500 to 393
inclusive, of the Education Code of the State of California this Board herc
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finds that the above described real property owned by said district is not
and will not at the time of the delivery of title or possession be needed
for school classroom buildings by the district.
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BE IT FllRTHER RESOLVED that this board hereby declares its intention
to convey said real property and wi 11 convey title thereto by grant deed to
the City of Carlsbad.
BE IT FURTHER RESOLVED that a public meeting of this Board be held at
its regular place of meeting to wit:
1645 Magnolia Avenue, Carlsbad, California on the 1st day of Marchs 1978 at
7:30 p.m., at which time and place any person desiring to protest said
conveyance nay appear and be heard,
Pod A, Valley Junior High School,
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BE IT FURTHER RESOLVED that notice of the adoption of this resolution
and of the time and place of holding the said public meeting descrfbed above
shall be given by publishing notice, a copy of which is appended hereto marC
Exhibft "A", once a week for three successive weeks before the meeting in
the Carlsbad Journal, a newspaper of general circulation published in the
district,
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IN WITNESS OF THE PASSAGE of the foregoing resolution in the form
prescribed by law, we, the members of the said Board do hereby unanimously
vote to adopt this resolution and hereunto set our hands this 1st day of
February, 7978.
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District of Sari Diego Co~nty, Cal ifornia.
e EXHIBIT A ,. * A* >I 1- ?”
i Notice of Intention to Convey Real Property Owned by the
Carlsbad Unified School District ) to the City of Carlsbad . . . . .)
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NOTICE IS HEREBY GIVEN that the Governing Board of the Carlsbad Unified
School District of San Diego County, California on February 1, 1978, adopted
a resolution declaring its intention to convey certain real property and
will convey title thereto by grant deed to the City of Carlsbad, said real
property consisting of approximately 2.75 acres and located on the west side
of Harding Street at its intersection with Chestnut Avenue.
The legal description of said real property, together with the terms
and conditions of such conveyance may be examined in the office of the
Associate Superintendent of the district at 801 Pine Avenue, Carlsbad, 0 Cal i forni a.
A public meeting of the Governing Board of the Carlsbad Unified School
District will be held at its regular place of meeting at Pod A, Valley
Junior High School, 1645 Hagnolia Avenue, Carlsbad, California on March 1 p
at 7:30 p.m., at which time and place any person desiring to protest said
conveyance may appear and be heard.
CARLSBAD UNIFIED SCHOOL DISTRICT OF SAN DIEGO COUNTY, CALIFORNIA
BY Clerk
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Notice of Intention to Convey Real Property Owned by the Carlsbad Unified School District ) to the City of Carlsbad . . . . .)
NOTICE IS HEREBY GIVEN that the Governing Board of the Carlsbad Unified
School District of San Diego County, California on February 1, 1978, adopted
a resolution declaring its intention to convey certain real property and
will convey title thereto by grant deed to the City of Carlsbad, said real
property consisting of approximately 2.75 acres and located on the west side
of Harding Street at its intersection with Chestnut Avenue.
The legal description of said real property, together with the terms
and conditions of such conveyance may be examined in the office of the
Associate Superintendent of the district at 807 Pine Avenue¶ Carlsbad,
California.
A public meeting of the Governing Board of the Carlsbad Unified School
District will be held at its regular place of meeting at Pod A, Valley
Junior High School, 1645 Ilagnolia Avenue, Carlsbad, California on (larch 1,
at 7:30 p.m., at which time and place any person desiring to protest said
conveyance may appear and be heard.
CARLSBAD UNIFIED SCHOOL DISTRICT OF SAN DIEGO COUNTY, EALIFORNIA
BY
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C1 erk,
Thomas L. Curtin