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Home My WebLink About; HUGHES NORTH COUNTY ASSOCIATES II; 90-062250; Easement. ,? * ?i . i * 9i3 90@62250 RECORDING REQUESTED BY 1 ".. AND MAIL TO: 1 1 J.; jicc ,.~~-,",, ....,:>:: Lz-:-,-; ;.!.>;d b< kc; fF -.- n*L $33 pgiQ ---.- ra.C~'""~*.' or;:f".-".* 1 City of Carlsbad 1 1200 Elm Avenue 1 Carlsbad, California 92008-1989 ) Attn: Ronald R. Ball 1 p./: -?>..c.., I". .- ii . ???-: "h Is p4 .-e l:. 2. G; pL -4 *.. - - ::z:. .+ i ~ *i; - T I : I :.' - j . - . -. . _. .- ? i @;.;if.; : $. ,. . ;-r ;I<irrl 5 . . . , , . " ?*' 1 I-.- Y..,.._ "lzi i (DOCUMENT ENTITLED TO FREE RECORDATION PURSUANT TO \ 1 , GOVERNMENT CODE § 6103) 1 p f-3 % *;: 9 q NO FM 1 RIGHT-OF-ENTRY HUGHES NORTH COUNTY ASSOCIATES I1 (hereinafter . referred to as llOwnerll) hereby grants, conveys and assigns to the CITY OF CARLSBAD (hereafter referred to as llCityll) the non-exclusive right-of-entry during the period from January 15 to November 15 of each year, or in any emergency as reasonably determined by the City Manager of City, (hereinafter referred to as "Cleaning Period1I) over those certain lands designated in writing by Owner from time to time, as provided hereinbelow, within the lands located within the City of Oceanside and shown as llShopping Center Parking Lot/Roadwayll on Exhibit ltC1l, attached hereto and incorporated herein, for the sole and exclusive purpose of ingress and egress by City between public streets and those certain lands (hereinafter referred to as llBuena Vista Creek") described as Parcels 1, 2 and 3 on Exhibit "A11 and shown on Exhibit llB1l, attached hereto and incorporated herein, to remove sediment, vegetation and other debris from and to maintain the drainage channel within the Buena Vista Creek. As a condition precedent to exercising said right-of- entry during any annual Cleaning Period, City shall notify Owner in writing of its intention to enter the Buena Vista Creek across the Shopping Center Parking Lot/Roadway at least thirty (30) days prior to the time of entry, or within 24 hours in the event of an emergency as defined above, whereupon and within fifteen (15) days thereafter, or within 24 hours in the event of an emergency as defined above, Owner shall notify City of the precise route and lands within the Shopping Center Parking Lot/Roadway over which City may have entry, the location of which route and lands may be changed from year to year in accordance with the foregoing, provided that the location and boundaries shall be reasonable and adequate to accommodate the equipment determined to be necessary by City. -1- /;-\!;. JJ, % qj4 i; [ I, P /B 'U ,, I ;, 0 * 914 The right of entry conveyed herein shall terminate upon the subsequent termination or reversion of the easement previously granted by Owner to City to, over or in Buena Vista Creek. IN WITNESS WHEREOF, HUGHES NORTH COUNTY ASSOCIATES I1 has executed this document on this t.$-k day of . ~~j~::/~t, “r 1989. ic’ HUGHES NORTH COUNTY ASSOCIATES 11, a California general partnership By: HUGHES INVESTMENTS, a California general partnership, General Partner ,~””.. ‘r J _” ”1 --- -.. y.. / ,/, * j , ,’ By : ,. I) I : J ; ’\“. ”~, I . Thomas H. Purcell. General Partner By: Lagoon View Investment Co., a California general partnership, General Partner By: By :J’ ,a a &<, , i ~7*: _. 34- -_ // /’ i‘ &-e. ’, *‘J 7 .,‘ ‘ Hakry ’. . L. Fra’nk, Jr. ,/’ ;;Cf{nedf Partner j ;A.l ’ /-.J ,,-I.. .~ / ,, , ;:,. /f/,, q /:. .-.#.;”.--- ,.. ~ ,, \/. /“u,(,f:/;+’- ,:/ L.i;I,~ &d,: ,;. ”7 _. 1 . ,“.. ”,,/ h. / Fred A. Bartman, Jr. ,>’, General Partner . -1 By: BARTFAM, a California limited partnership, General Partner 0 .-. _., d /” ,.q {y”,“./ . A ,r AT;“ ,.- ,,,*.”” r: ,i ,\. /’ .. LA Q[,/:/q/ p .I ./;.9 J~~.,L”~” +’;x.:-.-<5, !-..”-,,,“ By. ,’ d .., -/’ . \ Fred A. Bartman, Jr. , id... General Partner -2- .' s a> ~ .. 0 0 915 STATE OF CALIFORNIA COUNTY OF ORANGE 1 ) ss: 1 On the 10 day of , 1989, before me, the undersigned, a Notary Public, in anq for said State, personally appeared THOMAS H. PURCELL, known to me to be a General Partner of Hughes Investments, the said partnership being known to me to be a General Partner of Hughes North County Associates 11, the partnership that executed the within instrument and acknowledged to me that such partnership executed the same as such partner and that such partner executed the same. WITNESS my hand and official seal. Notarf hblic in and-for said County and State STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) 1 ) ss: On the I@ day of ~LLLL~ , 1989, before me, the undersigned, a Notary Public: in'hnd for said State, personally appeared HARRY J. L. FRANK, JR., known to me to be a General Partner of Lagoon View Investment Co., and acknowledged that said partnership executed the within instrument on behalf of Hughes North County Associates 11, the said partnership being known to me to be a General Partner of Hughes North County Associates 11, the partnership that executed the within instrument and acknowledged to me that such partnership executed the same as such partner and that such partner executed the same. WITNESS my hand and official seal. \ .- mfLLc- ax&qL&,&/.^ tu Notary Public in and for said County and State -3- ', ;* 3. I @ 0 91 8 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ) ss: On the pw day of .(a+-- , 1989, before me, the c;G undersigned, a Notary Public,# in"and for said State, personally appeared FRED A. BARTMAN, JR., known to me to be a General Partner of Lagoon View Investment Co., and acknowledged that said partnership executed the within instrument on behalf of Hughes North County Associates 11, the said partnership being known to me to be a General Partner of Hughes North County Associates 11, the partnership that executed the within instrument and acknowledged to me that such partnership executed the same as such partner and that such partner executed the same. ","p;* -1' WITNESS my hand and official seal. .yflfl&"2c- /4;L?fi,&&;h, 4' Notary Public in and for said County a and State STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) 1 ) ss: On the 7 : Dpo day of d6dLby , 1989, before me, the undersigned, a Notary Public, ih and for said State, personally appeared FRED A. BARTMAN, JR. known to me to be a General Partner of BARTFAM, the said partnership being known to me to be a General Partner of Lagoon View Investment Co. the partnership that executed the within instrument and acknowledged that said partnership executed the within instrument on behalf of Hughes North County Associates 11, the said partnership being known to me to be a General Partner of Hughes North County Associates 11, the partnership that executed the within instrument and acknowledged to me that such partnership executed the same as such partner and that such partner executed the same. WITNESS my hand and official seal. (-,,4 7 1- JJ7&LCA/Yi y,,~ri,~Lca-* 4. Notary Public in and for said County and State -4- , ,. ... \. ' LTs e - 0 917 STUART ENGINEERING Civil Engineering/Pianning/Surveying 533 F. Street, Suite 205 San Dieno, California 92101 (619) 544-0533 FAX (619) 236-0578 EXHIBIT A 502-87-00 July 5, 1989 Page one of two PARCEL 1: THAT PORTION OF PARCEL 1, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. is'i?s , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, b:,i>s,;& ?LC:, +..< :'"i'Tt2 "' - . ,. - , MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF PARCEL 2 OF SAID ; THENCE SOo25'14"W, 145.81 FEET TO THE PARCEL MAP NO, 5.L'"') SA LC - -,.* TRUE POINT OF BEGINNING; THENCE S85°19t51t1W, 173.21 FEET; THENCE S82°00'00'tW, 147.13 FEET; THENCE S64°00t00W, 251.13 FEET; THENCE S87°00'00t1W, 102.46 FEET: THENCE S75°001001tW, 100.66 FEET: THENCE N9O00Ot0Ot1W, 81.36 FEET; THENCE N76°00100ttW, 80.00 FEET; THENCE N9O0OO10Ot1W, 66.11 FEET: THENCE N71°00~00~tW, 109.63 FEET TO THE SOUTHEASTERLY LINE OF AN EASEMENT FOR PUBLIC STREET AND HIGHWAY PURPOSES GRANTED TO THE CITY OF CARLSBAD JUNE 21, 1986 AT F/P 86- 300372, SAID POINT LYING ON A 200.00 FOOT RADIUS CURVE CONCAVE 't SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS S76°5715011E; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 0°18'44", A DISTANCE OF 1-09 FEET; THENCE N13°20'54''E, 29.18 FEET TO THE BEGINNING OF A TANGENT 758.00 FOOT RADIUS CURVE c, CONCAVE SOUTHEASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID b , :< ,. LEi5 * u 0 318 EXHIBIT A (Cont 1 d) 502-87-00 July 5, 1989 Page two of two CURVE THRU A CENTRAL ANGLE OF 3°22*39'1 A DISTANCE OF 44.68 FEET; THENCE LEAVING SAID EASEMENT FOR PUBLIC STREET AND HIGHWAY PURPOSES S79°55*45**E, 188.96 FEET; THENCE N82°29*1311E, 229.60 FEET: THENCE N7l016*53I1E, 335.96 FEET: THENCE N77°51137t9E, 330.21 FEET: THENCE S0°25t1411W, 125.81 FEET TO THE TRUE POINT OF BEGINNING. (LD0086.1) 3 .- '. , !( ~- .EE 0 0 STUART ENGINEERING Civil Engineering/Planning/Surveying 533 F. Street, Suite 205 San Diego, California 92101 (619) 544-0533 FAX (619) 236-0578 EXHIBIT A 919 502-87-00 July 5, 1989 PARCEL 2: THAT PORTION OF PARCEL 2, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. as% t,d .,- 7 < r FILED IN THE OFFICE OF TKE COUNTY RECORDER OF SAN DIEGO COUNTY, + hi7./S'71 ;,.,~ !,I-[ "fe: "ll. I ,--- cc- .., 1.- r MORE PARTICULARLY -. DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID PARCEL 2; THENCE S0°2511411W, 20.00 FEET; THENCE S77°5113711W, 330.21 FEET; THENCE S71°1615311W, 335.96 FEET; THENCE S82°2911311W, 229.60 FEET; THENCE N79°5514511W, 188.96 FEET; THENCE N39°3111411E, 102.32 FEET; THENCE S89°41'10"E, 53.16 FEET, TO THE BEGINNING OF A 71.78 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS S50°2810111W: THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 42°19'1611, A DISTANCE OF 53.02 FEET; THENCE S81°5111511E, 21.01 FEET TO THE BEGINNING OF A TANGENT 71.97 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHEASTERLY AND NOR~EASTERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 65O57'32I1, A DISTANCE OF 82.85 FEET; THENCE N75°001001tE, 161.57 FEET: THENCE N72°0010011E, 232.53 FEET TO THE NORTH LINE OF SAID PARCEL 2; THENCE EASTERLY ALONG THE NORTH LINE. , r OF SAID PARCEL 2 S89°4411211E, 422.28 FEET TO THE POINT OF BEGINNING. (LD0086) , . t.’ ~. kEE 0 STUART ENGINEERING Civil Engineering/Planning/Surveying 533 F. Street, Suite 205 San Diego, California 92101 FAX (619) 236-0578 (619) 544-0533 e 920 EXHIBIT A 502-87-00 July 5, 1989 PARCEL 3: THAT PORTION OF THE NORTH HALF OF THE NORTH HALF OF SECTION 31, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF OCEANSIDE, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF THE SAID NORTH HALF OF THE NORTH HALF OF SECTION 31: THENCE N89°448128tW, 422.28 FEET: THENCE LEAVING SAID SOUTH LINE N64°1380888E, 102.86 FEET; THENCE N84°15815ttE, 369.82 FEET; THENCE N50°268158tE, 397.18 FEET: THENCE S0°01s53*tE, 238.90 FEET: THENCE S46°35800ttW, 143.87 FEET TO THE SOUTH LINE OF THE SAID NORTH HALF OF THE NORTH HALF OF SECTION 31; THENCE WEST ALONG SAID SOUTH LINE N89°44812ttW, 240.14 FEET TO THE POINT OF BEGINNING. fi -. (LD0085) ,,> ." r 1 .I 0 * EXHIBIT B . ( 8HEET 1 OF 2 1 92 POINT OF BEGlNNll POINT OF BEGINN1 F "E SOUTH BANK OF lHE SCALE: 1' : 200' SEE SHEET 2 OF : FOR TABULATED DA STUART ENGINEERING i33Fstrrcc,sui1os,SanDiego,Glii~92lm (619) wcou) FAX (619) 2360578 . I.. .-, *' '. 0 e EXHIBIT B ( SHEET 2 OF 2 1 922 @ S Oo25'14"W @ S 85°19'511'W @ S 82°00'00'1W @ S 64°00'00''W @ S 87°00'001tW @ S 75OOO '00"W @ N 9OoOO'O0''W @ N 76OOO '00"W @ N 90°00'O01'W @ N 71°00'00'1W @ S 76057'50nE 145.81' 173.21' 147.13' 251.13 ' 102.46' 100.66' 81.36' 80.00' 66.11' 109.63 ' (R) @ A= Oo18'44'' R=200.00' Ir= 1.09' @ N 13°20'54''E 29.18' @ A= 3O22'39'' R=758.00' b44.68' @ N 39°31'14''E 102.32' @ S 89°41'10''E 53.16' @ S 50°28 '01"W (R) @ A=42O19 ' 16" R= 71.78' L=53.02' @ S 8lo51'15"E 21.01' @ /\=65°57'32n R= 71-97' k82.85' 1 @ N 75°00'00nE 161.57' @ N 72°00'00t'E 232.53' @ S 89O44'12"E 422.28' @ N 64°13'08s'E 102.86' @ N 84°15'151'E 369 -82 ' @ N 5O026'15''E 397.18' @ S O001'53''E 238.90' @ S 46°35'00''W 143.87' @ N 89°44'12''W 240.14' @ S 79°55'45''E 188.96' @ N 82O29'13"E 229.60' @ N 7l016'53''E 335.96' @ N 77°51'37"E 330.21' @ N O025'14''E 125.81' @ N 0°25'14"E 20.00' I . STUART ENGINEERING ~F~,SuiteaM,Sn,Digo,cJifomiagn~ (61% 54cou3 FAX (61s) 2364576 I ‘5 c: ,, 7. e 0 925 CERTIFICATE OF ACCEPTANCE AND CONSENT TO RECORDING OF RIGHT-OF-ENTRY TO THE CITY OF CARLSBAD THIS IS TO CERTIFY that the right-of-entry over certain real property conveyed TuLy 10 , 1989, from Hughes North County Associates I1 to the City of Carlsbad, is hereby accepted effective u 2 , 1989, by the undersigned officer or agent on belialf of the City of Carlsbad pursuant to authority conferred by resolution of the City Council adopted on u I , 1989, and the grantee consents to recordation thdreof by its duly authorized officer. CITY OF CARLSBAD Dated:3+ I /??a \ J BY (2” a’. R- -5- e e -:, !’ Q7..F r Izc / 4 &,. x,. :/ & rC ,- ”’/ $ -G-. ,. , f ,.., . / (9” ”