HomeMy WebLinkAbout; Hughes North County Associates; 90-062248; Easement". .I
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RECORDING REQUESTED BY
' City of Carlsbad
1200 Elm Avenue Carlsbad, California 92008-1989 Attn: Ronald R. Ball
(DOCUMENT ENTITLED TO FREE RECORDATION PURSUANT TO
890
- ..,J
GOVERNMENT CODE § 6103) //2% 79
RIGHT-OF-ENTRY
HUGHES NORTH COUNTY ASSOCIATES (hereinafter referred to as I1Ownergt) hereby grants, conveys and assigns to the CITY
OF CARLSBAD (hereafter referred to as llCitylt) 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 Periodvv) over those certain lands designated in writing by Owner from time to time, as provided
hereinbelow, within the lands located within the City of
Carlsbad and shown as I1Shopping Center Parking Lot/RoadwayIl on Exhibit ItCtt, 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 "Buena Vista Creek") described as Parcels 1, 2 and 3 in Exhibit "Att and shown in Exhibit ltBtt, 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.
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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 has executed this document on this day of &I 1989. -?
HUGHES NORTH COUNTY ASSOCIATES, a California
general partnership
By: HI-NC, a California general partnership,
General Partner
By: HUGHES INVESTMENTS, a California
general partnership, General Partner
By : -5 Thomas H. Purcell,
General Partner
By: Lagoon View Investment Co., a California
general partnership, General-Partner
By :
By :
GeSerG Paxtner U
Fred A. Bartman, Jr. , //
General Partner 1
By: BARTFAM, a California limited partnership> General Partner A A
B. "$Z"2 ,- /
Fred A. Bartman, Jr. & General Partner
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892
STATE OF CALIFORNIA 1
COUNTY OF ORANGE
) ss:
On the 10 day of hkLey , 1989, before me, the
undersigned, a Notary Public, in an 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 HI-NC, the said partnership being known to me to be the General Partner of HI-NC, and acknowledged that said partnership executed the within instrument on behalf of
Hughes North County Associates, the said partnership being
known to me to be a General Partner of Hughes North County Associates, 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.
My comm. Exp. Mr. 12,1993
WITNESS my hand and official seal.
-+ Notaiy Public in and State
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES )
) ss:
On the ID day of 3M * , 1989, before me, the undersigned, a Notary Public, nd 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, the said partnership being known to me to be a General Partner of Hughes North County Associates, 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-CALIFORNIA LOS ANGELES COUNTY 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 * , 1989, before me, the
undersigned, a Notary Public, nd 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, the said partnership being known to me to be a General Partner of
Hughes North County Associates, 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.
3FFlCllL SEAL MARIfibi KOi.i!KIApj
NOTARY PUBLIC-CALIFORNIA
Notary Public'in and for said County
and State
STATE OF CALIFORNIA 1
COUNTY OF LOS ANGELES )
) ss:
On the lo day of h J?9- , 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.
and acknowledged that said partnership executed the within
instrument on behalf of Hughes North County Associates, the said partnership being known to me to be a General Partner of Hughes North County Associates, 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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STUART ENGINEERING
civil Engineering/Planningfiurveying
533 F. Street, Suite 205
San Diego, California 92lOl (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. \'%?Si , FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, FcbufWy 9, iqc/il , MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
U
BEGINNING AT THE MOST NORTHEASTERLY CORNER OF PARCEL 2 OF SAID
PARCEL MAP NO. \5q"Ib : THENCE S0°2511411W, 145.81 FEET TO THE
TRUE POINT OF BEGINNING: THENCE S85°1915111W, 173.21 FEET: THENCE
S82°0010011W, 147.13 FEET: THENCE S64°00100W, 251.13 FEET; THENCE
S87°0010011W, 102.46 FEET: THENCE S75°0010011W, 100.66 FEET: THENCE
N90°0010011W, 81.36 FEET: THENCE N76°0010011W, 80.00 FEET; THENCE
N90°0010011W, 66.11 FEET: THENCE N71°0010011W, 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 15011E:
I
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE
OF 0°1814411, A DISTANCE OF 1.09 FEET: THENCE N13°2015411E, 29.18
FEET TO THE BEGINNING OF A TANGENT 758.00 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY: THENCE NORTHERLY ALONG THE ARC OF SAID
'.
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EXHIBIT A
(Cont d)
895
502-87-00 July 5, 1989 Page two of two
CURVE THRU A CENTRAL ANGLE OF 3°2213981 A DISTANCE OF 44.68 FEET:
THENCE LEAVING SAID EASEMENT FOR PUBLIC STREET AND HIGHWAY
PURPOSES S79°5514511E, 188.96 FEET: THENCE N82°2911311E, 229.60
FEET: THENCE N71°1615311E, 335.96 FEET: THENCE N77°511371tE, 330.21
FEET: THENCE S0°2511418W, 125.81 FEET TO THE TRUE POINT OF
BEGINNING.
(LD0086.1)
, I.
', Civil E3 Engineering/Planning/Surveying
STUART ENGINEERING 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. \%75 , FILED IN THE OFFICE OF THE COUNTY RECORDER
DESCRIBED As FOLLOWS:
BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID PARCEL 2:
THENCE S0°25t14nW, 20.00 FEET; THENCE S77°5113711W, 330.21 FEET:
THENCE S71°16*53nW, 335.96 FEET: THENCE S82°2981311W, 229.60 FEET:
THENCE N79°55145ttW, 188.96 FEET; THENCE N39°31t14b1E, 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 S5Oo28 101"W; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE THRU A CENTRAL ANGLE OF 42O19'16", A DISTANCE OF 53.02
FEET; THENCE S81°51115"E, 21.01 FEET TO THE BEGINNING OF A
TANGENT 71.97 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE
SOUTHEASTERLY AND NOR'IIHEASTERLY ALONG THE ARC OF SAID CURVE THRU
A CENTRAL ANGLE OF 65°57832*v, A DISTANCE OF 82.85 FEET: THENCE
N75°00t0091E, 161.57 FEET; THENCE N72°00*0011E, 232.53 FEET TO THE
NORTH LINE OF SAID PARCEL 2: THENCE EASTERLY ALONG THE NORTH LINE.
OF SAID PARCEL 2 S89°44'12"E, 422.28 FEET TO THE POINT OF
BEGINNING . (LD0086)
"
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 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°44'12''W, 422.28 FEET:
THENCE LEAVING SAID SOUTH LINE N64°13'08q1E, 102.86 FEET; THENCE
N84°15115"E, 369.82 FEET; THENCE W5O026'15''E, 397.18 FEET: THENCE
S0°01t531tE, 238.90 FEET; THENCE S46°35100g1W, 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°44'12m1W, 240.14 FEET TO
THE POINT OF BEGINNING.
J
(LD0085)
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EXHIBIT 6
( SHEET 1 OF 2 )
898
., " =.. .
CITY OF OCEANSIDE
Y OF CARLSTAD
POINT OF BEOINNINC
I \ . TH19 LINE REPRESENTS THE TO
OF THE SOUTH BANK OF THE CRI
s\
TRUE POINT OF BEGINNINC
OF PARCEL 1
SCALE: # 1' : 200'
SEE SHEET 2 OF 2 FOR TABULATED OATf -
STUART ENGINEERING
533FSmcc,SuiteZO5,SmDiego,Wiisnm @W= FAX(61923MMll
@ S 0°25'14"W
@ S 85O19 '51"W
@ S 82°00'00''W
@ S 64°00'001'W
@ S 87°00'00''W
@ S 75°00'00''W
@ N 90°00 '0O"W
@) N 76°00'00"W
@ N 9OoOO'0O"W
@ N 7l000'0O1'W
@ S 76O57 '50"E
145.81'
173.21'
147 . 13 '
251.13'
102.46'
100.66'
81.36'
80.00'
66.11'
109.63 '
(R)
EXHIBIT B
( SHEET 2 OF 2 1
@ N 75°00'00''E
@ N 72°00'00''E
@ S 89O44'12"E
@ N 64O13 '08"E
@ N 84O15'15"E
@ N 50°26' 15"E
@ S OoO1' 53%
@ S 46°35'00nW
@ N 89°44'12nW
@ S 79°55'451'E
@ N 82°29'13''E
@ A= 0°1814411 R=200.00' IF 1.09' @ N 71°16'53''E
@ N 13°20154"E 29.18' @ N 77°51'37"E
@ A= 3°22139*1 R=758.00' -44.68' @ N O025'14''E
@ N 39°31'14''E 102.32' @ N 0°25'14"E
@ S 89°41'10"E 53.16'
@ S 50°28 '01"W (R)
@ /\=42°1911611 R= 71.78'- b53.02'
@ S 81°51'15"E 21.01'
@ A-65O57'32" R= 71.97' -82.85'
i
'899
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'
J
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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 CJuuy 10 , 1989, from Hughes North County Associates to the City of Carlsbad, is hereby accepted effective 2 , 1989, by the undersigned officer or agent on bedalf of the City of Carlsbad pursuant
to authority conferred by resolution of the City Council
adopted on / , 1989, and the grantee consents to
recordation thgreof by its duly authorized officer.
CITY OF CARLSBAD
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EXHIBIT C
78 HIGHWAY
-TOP OF SOUTH BANK OF CREEK+
I I
I I I I I
I I 1 I I I I I I I I I I I
SCALE: 1' : 200'
STUART ENGINEERING
533Fsrmt,kiaD5,snMclp.~9n01 (6Uq w+ou3 FAX (619)