HomeMy WebLinkAbout; Hughes North County Associates II; 90-062251; EasementRECORDING REQUESTED BY 1
City of Carlsbad 1
1200 Elm Avenue 1
Carlsbad, California 92008-1989 ) Attn: Ronald R. Ball 1 1 (DOCUMENT ENTITLED TO FREE 1 RECORDATION PURSUANT TO 1 GOVERNMENT CODE S 6103) 1
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GRANT OF EASEMENT
WHEREAS, HUGHES NORTH COUNTY ASSOCIATES 11, a
California general partnership, desires to grant, assign and convey a non-exclusive easement over the lands hereinafter described to the CITY OF CARLSBAD, a municipal corporation organized under the laws of the State of California, for the purposes of maintaining the hereinafter described property.
NOW, THEREFORE, for and in consideration of the foregoing premises and other valuable consideration, the adequacy and receipt of which are hereby acknowledged, HUGHES
NORTH COUNTY ASSOCIATES I1 hereby grants, assigns and conveys
to the CITY OF CARLSBAD, the following described interest in real property in the County of San Diego, State of California:
A non-exclusive easement over the lands described as Parcel 3 of Exhibit A and shown as Parcel 3 of Exhibit B to enter onto said lands between January 15th and November 15th of each calendar year, or in any emergency as reasonably determined by the City Manager of the City of Carlsbad, for the sole purpose
of maintaining the portion of the Buena Vista Creek Channel located within the said lands by removing sediment, debris and vegetation and performing other incidental or related work, including the location of equipment,
reserving and excepting to HUGHES NORTH COUNTY ASSOCIATES I1 all rights and interests in and with respect to the lands described above which do not interfere with their use by the CITY OF CARLSBAD for the purposes set forth above.
Said easement shall automatically terminate and revert to HUGHES NORTH COUNTY ASSOCIATES I1 or its successors
in interest upon the subsequent determination by resolution
of the City Council of the City of Carlsbad of both of the
following: (1) that a benefit assessment will not be imposed
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pursuant to the Benefit Assessment Act of 1982 and (2) that the easement is no longer required to serve the public purpose for which it was granted.
IN WITNESS WHEREOF, HUGHES NORTH COUNTY ASSOCIATES I1 has executed this document on this
1989.
HUGHES NORTH COUNTY ASSOCIATES 11, a California general partnership
By: HUGHES INVESTMENTS, a California general partnership, General Partner
By :
Thomas H. Purcell,
General Partner
By: Lagoon View Investment Co., a California general partnership, General Partner
By : Hy$yp. L. Frank, Jr.,
h
By :
Fred A. Bartman, Jr. , f I General Partner
By: BARTFAM, a California limited
Bv :
.I Fred A. Bartman, Jr., \-/
General Partner
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STATE OF CALIFORNIA 1
COUNTY OF ORANGE 1 ) ss:
On the $0 day of & , 1989, before me, the undersigned, a otary Public, in alhd for said State, personally appeared THOMAS H. PURCELL, known to me to be a General Partner of Hughes Investments, and acknowledged that said partnership executed the within instrument on behalf of
Hughes North County Associates 11, the said partnership being
known to me to be a General Partner of Hughes North County Associates 11, the partnership that executed the within
instrument and acknowledged to me that such partnership
executed the same as such partner and that such partner
executed the same.
OFFICIAL SEAL DONNA HUMEM Notaty PublicCalifmh ORANGE COUNTY
MY Comm. Exp. Mer. 12 1993
WITNESS my hand and official seal.
Notar$Public in and'for said County and State
STATE OF CALIFORNIA 1
COUNTY OF LOS ANGELES )
) ss:
On the j(ji day of & , 1989, before me, the
undersigned, a Notary Public; in and 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.
Notary Public in and for said County and State
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STATE OF CALIFORNIA 1
COUNTY OF LOS ANGELES )
) ss:
On the 10% day of Md- , 1989, before me, the 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.
'.Cos ANGELEs COUNTY 8
WITNESS my hand and official seal.
k.tCaMl,- Notary Public in and for said County and State -
STATE OF CALIFORNIA 1
COUNTY OF LOS ANGELES )
) ss:
On the fi day of * , 1989, before me, the
undersigned, a Notary Public, 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.
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Civil EngineeringfllanningAurveying
STUART ENGINEERING 533 F. Street, Suite 205
San Diego, California 92101
FAX (619) 236-0578
(619) 544-0533
928
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. '\s91s , FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, mm a, i9QD , MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
4'
BEGINNING AT THE MOST NORTHEASTERLY CORNER OF PARCEL 2 OF SAID
PARCEL MAP NO. \sqTs : THENCE S0°25814v8W, 145.81 FEET TO THE
TRUE POINT OF BEGINNING: THENCE S85°19v5188W, 173.21 FEET; THENCE
S82°0080088W, 147.13 FEET: THENCE S64°00800W, 251.13 FEET; THENCE
S87°008001vW, 102.46 FEET: THENCE S75°0080081W, 100.66 FEET; THENCE
N90°00v001vW, 81.36 FEET: THENCE N76°00800v8W, 80.00 FEET: THENCE
N90°00v00vvW, 66.11 FEET: THENCE N71°0080088W, 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
SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS S76O57 I50"E;
3
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE
OF 0°1884481, A DISTANCE OF 1.09 FEET; THENCE N13°208548vE, 29.18
FEET TO THE BEGINNING OF A TANGENT 758.00 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID
EXHIBIT A
(Cont I d)
502-87-00 July 5, 1989 Page two of two
CURVE THRU A CENTRAL ANGLE OF 302213911 A DISTANCE OF 44.68 FEET:
THENCE LEAVING SAID EASEMENT FOR PUBLIC STREET AND HIGHWAY
PURPOSES S79°5514511E, 188.96 FEET; THENCE N82°29'1311E, 229.60
FEET; THENCE N71°1615311E, 335.96 FEET; THENCE N77°5113711E, 330.21
FEET; THENCE S0°2511411W, 125.81 FEET TO THE TRUE POINT OF
BEGINNING
(LD0086.1)
4
930
STUART ENGINEERING
Civil Engineering/Planning/Surveying
533 F. Street, Suite 205 San Diego, California 92101
(619) 544-0533 FAX (619) 236-0578 EXHIBIT A
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. 15475 , FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, F€~br,,surr dl iqqd , 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°31114v1E, 102.32 FEET;
THENCE S89°41'101'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°1911611, 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~HEASTERLY ALONG THE ARC OF SAID CURVE THRU
A CENTRAL ANGLE OF 65°5713211, A DISTANCE OF 82.85 FEET: THENCE
N75°0010011E, 161.57 FEET: THENCE N72°0010011E, 232.53 FEET TO THE
NORTH LINE OF SAID PARCEL 2: THENCE EASTERLY ALONG THE NORTH LINE.
OF SAID PARCEL 2 S89°4411211E, 422.28 FEET TO THE POINT OF
BEGINNING. (LD0086)
939
U
STUART ENGINEERING
Civil Engineering/Planning/Surveying
533 F. Street, Suite 205 San Diego, California 92101
FAX (619) 236-0578 (619) 544-0533
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 BEWARDIN0 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°4411211W, 422.28 FEET;
THENCE LEAVING SAID SOUTH LINE N64°1310811E, 102.86 FEET; THENCE
N84°1511581E, 369.82 FEET; THENCE N50°2611511E, 397.18 FEET; THENCE
S0°0115311E, 238.90 FEET; THENCE S46°3510011W, 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°4411211W, 240.14 FEET TO
THE POINT OF BEGINNING.
J
(LD0085)
..
EXHIBIT 8
( SHEET 1 OF 2 )
J
932
TRUE POINT OF BMINNINC
OF PARCEL 1
SCALE: / 1' : 200'
SEE SHEET 2 OF 2 FOR TABULATED DATd
I
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EXHIBIT B
( SHEET 2 OF 2 1
933
@ S Oo25'14"W
@ S 85°19'51''W
@) S 82°00'00''W
@ S 64°00'00''W
@ S 87°00'00''W
@ S 75°00'00nW
@ N 9OoOO'O0''W
@ N 76°00'00''W
@ N 9OoOO'0O''W
@ N 71°00'00"W
@ S 76°57'50"E
145.81'
173.21'
147.13 '
251.13'
102.46'
100.66'
81.36'
80.00'
66.11'
109 . 63 I
(R)
N 75OOO' 0O"E
N 72OOO '0O"E
S 89O44 ' 12"E
N 64O13 ' 08"E
N 84O15 ' 15"E
N 50°26 ' 15"E
S OoO1' 53"E
S 46O35 ' 00"W
N 89O44 ' 12"W
S 79O55 I45"E
N 82O29 ' 13"E
@ A= 0°18'4411 R=200.00' L= 1.09' @ N 71°16'53''E
@ N 13°20'54"E 29.18' @ N 77O51'37''E
@ A= 3O22'39'' R=758.00' 6-44-68' @ N 0°25'14"E
@ N 39°31'14''E 102.32' @ N 0°25'14"E
@ S 89°41'10"E 53.16'
@ S 5Oo28'01''W (R)
@ /\=42°19'16t1 R= 71.78' 6-53.02'
@ S 81°51'15''E 21.01'
@ A-65O57'32'' R= 71.97' b82.85'
I
161.57 '
232.53'
422.28 '
102.86'
369.82 '
397 . 18 '
238.90'
143.87 '
240.14'
188.96'
229.60'
335.96'
330.21'
125.81'
20.00'
I
934
CERTIFICATE OF ACCEPTANCE AND CONSENT TO RECORDING OF GRANT OF EASEMENT TO THE CITY OF CARLSBAD
THIS IS TO CERTIFY that the easement over certain
real property conveyed TqLy lo , 1989, from Hughes North
County Associates I1 to the City of Carlsbad, is hereby accepted effective 2 , 1989, by the undersigned officer or agent on beaalf of the City of Carlsbad pursuant to authority conferred by resolution of the City Council adopted on I , 1989, and the grantee consents to recordation thkeof by its duly authorized officer.
CITY OF CARLSBAD
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