HomeMy WebLinkAbout; Hughes North County Associates; 90-062249; Easementn
RECORDING REQUESTED BY AND MAIL TO:
1200 Elm Avenue Carlsbad, California 92008-1989 Attn: Ronald R. Ball
(DOCUMENT ENTITLED TO FREE RECORDATION PURSUANT TO GOVERNMENT CODE 6103) &5v NO E€
GRANT OF EASEMENT
WHEREAS, HUGHES NORTH COUNTY ASSOCIATES, 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 hereby grants, assigns and conveys to
the CITY OF CARLSBAD, the-+€ollowing described interest in real property in the County of San Diego, State of California:
A non-exclusive easement over the lands described as Parcels 1 and 2 of Exhibit A and shown as Parcels 1 and 2 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 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 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 fhe easement is no longer required to serve the public purpose for which it was granted.
IN WITNESS WHEREOF, HUGHES NORTH COUNTY ASSOCIATES has executed this document on this '0 h+ day of -715s
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 : Thomas H. Purcell, General Partner
By: Lagoon View Investment Co., a California general partnership, General Partner
By:
,fGkneyal Partner d
/ -J
Fred A. Bartman, Jr., General Partner . I/
By: BARTFAM, a California limited
Fred A. Bartman, Jr., General Partner
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. , '.
0, I
STATE OF CALIFORNIA 1
COUNTY OF ORANGE 1 ) ss:
On the (0 day of * , 1989, before me, the
undersigned, a Notary Public, in a d 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.
WITNESS my hand and official seal.
Notdry Public in awfor saih County Comm. Exp. Mr. 12,l and State
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
) ss:
On the @* day of , 1989, before me, the undersigned, a Notary 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.
LOS ANGELES COUNTY W! Notary Public in and for said County and State
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905
STATE OF CALIFORNIA 1
COUNTY OF LOS ANGELES )
) ss:
On the Iow day of $%?- , 1989, before me, the
undersigned, a Notary Publi 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, 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
STATE OF CALIFORNIA 1
COUNTY OF IDS ANGELES )
) ss:
On the day of % , 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 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, 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.
%&u&
Notary Public-in and for said County and State
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Civil Engineering/Planning/Suweying
STUART ENGINEERING
533 F. Street, Suite 205
San Diego, California 92101 (619) 544-0533 FAX (619) 236-0578 EXHIBIT A
906
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. \59ls , FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, F&bw ~~tl a, \q90 , MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHEASTERLY CORNER OF PARCEL 2 OF SAID
PARCEL MAP NO. \SqTs : 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 S76°5715011E;
1
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE
OF 0°18144v1, 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
EXHIBIT A
(Cont I d)
502-87-00 July 5, 1989 Page two of two
CURVE THRU A CENTRAL ANGLE OF 3O22'39I1 A DISTANCE OF 44.68 FEET:
THENCE LEAVING SAID EASEMENT FOR PUBLIC STREET AND HIGHWAY
PURPOSES S79°55q4511E, 188.96 FEET: THENCE N82°2911311E, 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)
Civil Engineering/Planning/Surveying
STUART ENGiNEERlNG 533 F. Street, Suite 205
San Diego, California 9nOl (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. 15'3 75. I FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, f%bWPQ d, \qOlo , MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID PARCEL 2:
THENCE SOo25@14"W, 20.00 FEET: THENCE S77°5183711W, 330.21 FEET:
THENCE S71°16'53t@W, 335-96 FEET: THENCE S82°29'13"W, 229.60 FEET:
THENCE N79°5514511W, 188.96 FEET: THENCE N39°31114B1E, 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°288011tW: THENCE SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE THRU A CENTRAL ANGLE OF 42O19 '16", A DISTANCE OF 53.02
FEET: THENCE S81°5111518E, 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 65°57'32", A DISTANCE OF 82.85 FEET: THENCE
N75°0010011E, 161.57 FEET: THENCE N72°00@00"E, 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)
c
Civil Engineering/Planning/Surveying
STUART ENGINEERING 533 F. Street, Suite 205 San Diego, California 92101
(619) 544-0533
FAX (619) 236-0578
909
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°4411211W, 422.28 FEET:
THENCE LEAVING SAID SOUTH LINE N64°1310811E, 102.86 FEET; THENCE
N84°1511511E, 369.82 FEET; THENCE N50°2611511E, 397.18 FEET; THENCE
S0°0115311E, 238.90 FEET; THENCE S46°35100nW, 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°44'1211W, 240.14 FEET TO
THE POINT OF BEGINNING.
(LD0085)
EXHIBIT B
. ( SHEET 1 OF 2 )
910
THIS LINE REPRESENTS A LINE 30' NORTHERLY OF THE TOP OF THE
NORTH BANK . . " ".- OF .. Te)E CREEK
ClTY OF OCEANSIDE
POINT OF BEQINNINC
THIS LINE REPRESENTS THE TO
J
I
BO NZ
\?RUE POINT OF BEOlNNlNC
OF PARCEL 1
SCALE: / 1' : 200'
SEE SHEET 2 OF 2 FOR TABULATED OAT4 -
._
STUART ENGINEERING
533FSbecr,Sukt~,hDkgO,Wii92lOl
(619)- FM(619)-
911
S 0°25 ' 14"W
S 85O19 ' 51"W
S 82OOO ' 00"W
S 64OOO ' 00"W
S 87OOO ' 00"W
S 75°00'00nW
N 90°00'OO"W
N 76OOO ' 00"W
N 90°00 I00"W
N 71OOO ' 00"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
@ & 0°18'44" R=200.00' 6- 1.09'
@ N 13°20'541'E 29.18'
@ A= 3°22g391B R=758.00' 6-44.68'
@ N 39°31'14nE 102.32'
@ S 89°41'101'E 53.16'
@ S 50°28 '01"W (R)
@ A=42O19 '16" R= 71.78' I~53.02'
@ S 81°51'15nE 21.01'1
@ n=65°57'32t' R= 71.97' 6-82.85'
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 0°01'53"E
S 46O35 ' 0O"W
N 89O44 ' 12"W
S 79O55 ' 45"E
N 82O29 ' 13"E
N 71°16 ' 53"E
N 77O51 ' 37"E
N 0°25 ' 14"E
N 0°25 '14"E
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
..
STUART ENGINEERING
~FScrrrc,Suhe205,bnDiego,Wi9nQ1 (619) 5444533 FAX (619) 2364578
912
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 JUL~ 10 , 1989, from Hughes North
County Associates to the city of Carlsbad, is hereby accepted
effective , 1989, by the undersigned officer or
conferred by resolution of the City Council adopted on
City of Carlsbad pursuant to authority
, 1989, and the grantee consents to recordation
its duly authorized officer.
CITY OF CARLSBAD
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