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Home My WebLink About1989-08-01; City Council; 10171; Easement Grants For Maintenance PurposesCIT’VF CARLSBAD - AGENDPBILL I RECOMMENDED ACTION: 1. Adopt Resolution No. {9- a 7/ accepting a right of entry and grant of easement and approving the agreement between the City and Hughes North County Associates and Hughes North County Associates II for maintenance of the Buena Vista Channel and authorizing the Mayor to execute the agreement on behalf of the City. ITEM EXPLANATION: At the July 18th meeting Council approved Resolution No. 89- 250 declaring intention to levy annual assessments, approving the Engineer's report and setting the date of August 8, 1989, for the public hearing for the proposed formation of the Buena Vista Channel Maintenance District. As reported in the previous agenda bills of July 11 and July 18, the purpose of the district will be to provide a effective, consistent means of clearing the channel which is located between El Camino Real and the Jefferson Street Bridge, and ultimately flows into the Buena Vista lagoon. Current owners of the property adjacent to the channel, Plaza Camino Real and Hughes North County Associates, have requested the City form and manage the maintenance district. In order for the City to gain access to the channel for clearing purposed, Hughes North County Associates have submitted for Council's approval the enclosed documents: a grant for right of entry, a grant of easement, and an agreement for maintenance. FISCAL IMPACT: There will be no cost to the City. All costs for the maintenance of the channel will be paid by the property owners if the maintenance district is approved. EXHIBITS: 1. ResolutionNo. 71 89-n approving grant of easement and right of entry documents and a request for the Mayor to sign an agreement for maintenance of the Buena Vista Creek Channel. 2. Grant of easement 3. Right of entry 4. Agreement for maintenance 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -. RESOLUTION NO. 89-271 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A RIGHT OF ENTRY AND A GRANT OF EASEMENT AND APPROVAL OF AN AGREEMENT BETWEEN THE CITY AND HUGHES NORTH COUNTY ASSOCIATES HUGHES NORTH COUNTY ASSOCIATES II FOR MAINTENANCE OF THE BUENA VISTA CHANNEL AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY WHEREAS, Hughes North County Associates and Hughes North County Associates II have submitted a right of entry and a grant of easement for channel maintenance purposes over their existing properties, San Diego County Assessor's parcels 156- 120-56 and 156-301-15, and requested Councils approval of an agreement for maintenance of a portion of the Buena Vista Channel and authorized the Mayor to sign the agreement; and, WHEREAS, the City Council of the City of Carlsbad has determined it in the public interest to accept said documents and approve said Agreement; City NOW, THEREFORE, BE IT RESOLVED by the City Council of the of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the right of entry dated July 10, 1989, and the grant of easement dated July 10, 1989, from Hughes North County Associates and Hughes North County Associates II which are on file with the City Clerk are accepted. 3. The Agreement for Maintenance of the Buena Vista Creek Channel is approved and the Mayor is authorized to execute the Agreement on behalf of the City. 4. That the City Clerk is authorized to cause the original right of entry and grant of easement - documents to be recorded in the Office of the County Recorder of San Diego County, State of California, with the appropriate Certificate of acceptance attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 1st day of August I 1989 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None ATTEST: /- ALETHA L. RAUTENKRANZ, City &terk (SEAL) 0 062252 RECORDING REQUESTED BY: 1 n pLI$$zY, PF .CeARLSBAD. ..- s cT cszRm &*"A r,;&. ,*.--. ..,- - -.s.* ..*-* ; WHEN RECORDED MAIL TO: ; ,. - c-m .? -. , ; ,v - - ,J St4 -, #-- -’ -. ;,; . . . ..i City of Carlsbad 1 : 1200 Elm Avenue , Carlsbad, California 92008 ; Attn: Ronald R. Ball i (DOCUMENT ENTITLED TO FREE RECORDATION PURSUANT TO GOVERNMENT CODE fi 6103) i NO FEE -*’ _ : li AGREEMENT FOR MAINTENANCE OF BUENA VISTA CREEK CHANNEL This agreement (ltAgreementlt) is made this #day of W! 1989 by and among the City of Carlsbad, a fornia Municipal Corporation (llCity)lf, and Hughes North County Associates, a California General Partnership, and Hughes North County Associates II, a California General Partnership (collectively llHughesll) for the purpose of agreeing upon a funding mechanism for the continued maintenance of the Buena Vista Creek Channel through the levy of benefit assessments under the Benefit Assessment Act of 1982, being Chapter 6.1 of Title 5, Division 2, Part 1 (commencing with Section 54703) of the Government Code of the State of California ("Benefit Assessments") or through the formation, at the option of City, of any other assessment district under any other applicable laws of the State of California to levy assessments for the purpose of maintaining the Buena Vista Creek Channel as contemplated under this Agreement ("Other Assessments"). WHEREAS, Hughes owns the property described in Exhibit llAt' attached hereto and incorporated herein by this reference (ltPropertyl*), which Property includes certain portions of the Buena Vista Creek Channel, as shown on the map attached hereto as Exhibit l*B" and incorporated herein by this reference; and WHEREAS, the parties hereto are desirous to enter into this Agreement for purposes of funding the continued maintenance of the Buena Vista Creek Channel and satisfying condition number 22 on City of Carlsbad Tentative Tract Map No. 711; . and WHEREAS, the parties hereto agree and are desirous that the burdens and benefits of this Agreement shall be binding upon and enure to Hughes and all successors and assigns to the Property (collectively "Ownerstl). -l- h c 936 NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE RECITALS AND THE MUTUAL COVENANTS AND CONDITIONS CONTAINED HEREINAFTER, THE PARTIES DO MUTUALLY AGREE AS FOLLOWS: 1. City agrees to use its best efforts to impose annual Benefit Assessments under the Benefit Assessment Act of 1982, as amended from time to time, or pursuant to such other proceedings as the City may from time to time deem appropriate for imposing Other Assessments, as determined by it to be necessary for the purpose of maintaining and servicing the Buena Vista Creek Channel in accordance with City standards, including without limitation, the removal of sediment, vegetation and other debris from the Channel, all other works of improvement necessary for the maintenance and drainage of the Channel, and all maintenance work appurtenant thereto, all within that portion of the Channel currently owned by Hughes, as shown on Exhibit 'tBrl hereto. The City's obligation to use its best efforts to impose Benefit Assessments or Other Assessments shall be subject to the following exceptions: (a) If such proceedings for the imposition of such Benefit Assessments or Other Assessments shall be declared invalid or unenforceable, in whole or in part, for any reason, then City shall not be required to proceed with such Benefit Assessments or Other Assessments; (b) If a @'majority protest" is filed or registered with the City in any year hereafter under any proceedings to impose Other Assessments, then the City shall not be required to proceed under any such proceedings, although it may in its discretion proceed if permitted by applicable law; (cl If the City shall impose any Other Assessments for the same above-stated maintenance purposes, then it shall not impose or levy any Benefit Assessments. (d) If for any other reason beyond the reasonable control of the City, the City is unable to validly and enforceably levy Benefit Assessments or Other Assessments, for the above- stated maintenance purposes, then City shall not be required to proceed with any such assessments. -2- 937 2. Hughes covenants, agrees and consents, on its own behalf and on behalf of all successors and assigns to the Property, to the imposition, levy and collection of the above-referenced Benefit Assessments and the formation, in the future, of any other assessment district for the purpose of imposing Other Assessments as may, from time to time, be permitted under the laws of the State of California. 3. If City, having utilized its best efforts in accordance with paragraph 1 hereof, is unable or fails to impose Benefit Assessments or Other Assessments for the above-stated maintenance purposes in any fiscal year hereafter and the City Council adopts a resolution providing substantially that it does not intend to impose any Benefit Assessments or Other Assessments for such purposes from and after said fiscal year, then the responsibility for such maintenance shall belong to the Owners. Such responsibility shall belong to the Owners in the pro- rata proportion of their ownership of the Property located in the Buena Vista Creek Channel, as shown on Exhibit IIBll hereto. The covenants of Hughes contained herein to maintain the Buena Vista Creek Channel are solely for the benefit of the City of Carlsbad and shall not be construed to benefit or be enforced by any other person. Notwithstanding the foregoing, City may, in its discretion, choose to perform such maintenance work at the expense of the Owners of the Property by following the following procedure: (a) City shall provide ten (10) days prior written notice, mailed to the owners of the Property as shown on the last equalized Assessment Roll, postage prepaid, of a public hearing to be held for purposes of determining if the public health, safety and welfare require the City to perform the maintenance work and impose a lien for the cost thereof on the Property; (b) At a date, time and place designated in the notice, the City Council shall hold a public hearing and, if it so finds, may thereafter adopt a resolution providing substantially that the public health, safety and welfare require the City to perform the maintenance work and impose a lien for the cost thereof on the Property. Upon the adoption of such a resolution, the Owners of the Property shall be responsible for all costs of the City associated -3- .- .- 938 with such maintenance work and a lien shall attach to the Property in favor of the City for such costs as the security for such payment: (c) City may thereafter perform the maintenance work, bill the Owners of the Property for the costs of such maintenance and, if such costs are not fully paid within thirty (30) days of such billing, commence foreclosure and sale proceedings on the lien on the Property, which proceedings shall be thereafter had in the same manner as proceedings to foreclose a lien in connection with delinquent ordinary municipal taxes, as such proceedings are authorized to be taken under all applicable state and local laws. (d) All notices required or provided for under this Agreement shall be in writing and delivered in person or deposited in the United States mails, postage prepaid, and addressed at the following addresses and/or at such other addresses as may be designated in writing from time to time by parties hereto or any successors in interest to the Property: If to CARLSBAD: Mr. Ralph W. Anderson Utilities and Maintenance Director City of Carlsbad 2075 Las Palmas Carlsbad, California 92009 If to HUGHES: Mr. Thomas H. Purcell Hughes North County Associates c/o Hughes Investments 2 Corporate Plaza, Suite 250 Newport Beach, California 92660 Mr. Thomas H. Purcell Hughes North County Associates II c/o Hughes Investments 2 Corporate Plaza, Suite 250 Newport Beach, California 92660 Owners covenant and agree that the above procedure may be utilized by City in any year hereafter and that all liens imposed pursuant thereto are and will be valid and obligatory upon the then owners of the Property, but that each such lien shall be considered -4- i- 939 discharged upon the payment of all costs associated with that lien as required by subparagraph (c) above. 4. This Agreement is intended to satisfy, and shall satisfy so long as it is complied with by the Owners, condition number 22 of Tentative Tract Map No. 711 of the City of Carlsbad which Tentative Tract Map covers a portion of the Property. This provision shall have no effect on the legality or validity of any final subdivision of the property included in said Tentative Tract Map. However, Owners agree and covenant that in the event of their non-compliance with this Agreement, said condition no. 22 may be specifically enforced at law. 5. Hughes shall defend, indemnify and hold Carlsbad harmless from and against all claims, costs and damages of third parties against or incurred by Carlsbad arising out of or connected with the performance of the above-described maintenance work; provided, however, that nothing herein shall be construed to obligate Hughes to indemnify Carlsbad for the willful or negligent acts or omissions to act, of Carlsbad or its employees, agents or contractors. 6. Hughes agrees to convey all easements and/or rights-of-way reasonably necessary for the City, from time to time, to maintain and service the Buena Vista Creek Channel as contemplated by this Agreement. 7. The burdens of this Agreement shall bind and the benefits of this Agreement shall enure to the parties hereto and the successors and assigns to the Property. a. In any administrative or judicial proceeding to enforce compliance with the provisions of this Agreement, or to foreclose any lien created pursuant to this Agreement, the prevailing party shall be entitled to all costs of suit, including a reasonable attorney's fee. 9. This Agreement constitutes the final expression of the intention of the parties hereto and may not be contradicted or contravened by extrinsic evidence of any kind in any judicial or administrative proceeding. This Agreement may be amended, modified, or terminated only by a recorded written instrument executed by the City and the then owners of the Property. -5- .- - IN WITNESS WHEREOF, THE PARTIES_)IERETO HAVE EXECUTED THIS AGREEMENT ON THIS '(-I' DAY OF 7.". A , 1989. I 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: c -- T- i' ,+ ' L...__II _ Thomas H. Purcell, General Partner By: Lagoon View Investment Co., a California general partnership, General, Partner , By: By: By: Hafry 8. L. G neral Partner --.I .' P A _. , . ..- .7y&. ‘ ,’ ‘ yr I. ‘s / / , ,, ’ . . I ,i :I Fred A. Bartman, Jr., General Partner BARTFAM, a California limited partnership, General Partner - ,. Fred A. Bartman, Jr.,: General Partner '1 HUGHES NORTH COUNTY ASSOCIATES II, a California general partnership By: HUGHES INVESTMENTS, a California general partnership, General Partner 940 By: ,'---T 772-k _ Thomas'H. Purcell, General Partner -6- - - 941 By: Lagoon View Investment Co., a California general partnership, General Partner By: By-: By: 4 I w’. 1. _ < ,; -, “ a. I , 1-i i Fred A. Bartman, Jr.,\ General Partner BARTFAM, a California limited partnership, General Partner / - / CITY OF CARLSBAD By: ATTEST: By: APPROVED By: -7- h STATE OF CALIFORNIA COUNTY OF ORANGE ;SS: On the 10 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. 942 Notary PubWhdifomia ORANGE COUNTY My comm. tsp. Mar. 12 WITNESS my hand and official seal. w ‘,- - Not&-y Public in%% for said County and State STATE OF CALIFORNIA ;ss: COUNTY OF LOS ANGELES ) On the jC* day of undersigned, ea~d io:9~W&;;~f~ me, the a Notary Public, personally appeared HARRY J. L. FRANK, JR., known t; 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. uwaLM/zLy- 1? /,(,Q l.&Lwcr- Notary Public in' and for said County and State -8- 943 * . STATE OF CALIFORNIA 1 )ss: COUNTY OF LOS ANGELES ) . .a On the .'f' -' day of , ' ;-7,v:;x cc 1989, before me, the undersigned, a Notary Public, in and ;or 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. - CF:lCIAl. ?EAi I.!ATi4!+ ifOY!XlAN ’ LL;S AF;;;LES C$yw1’v STATE OF CALIFORNIA WITNESS my hand and official seal. r-//)i;r I., .f.?. ;/, fi,,,,, 4, ,A ; Notary Public in and' for said County and State 1 )ss: COUNTY OF LOS ANGELES ) On the &/day of ( /;. ,:s.. 1989, before me, the undersigned, a Notary Publmd 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. and State -9- h 944 STATE OF CALIFORNIA ) )ss: COUNTY OF ORANGE 1 On the 10 day of 1989, before me, the undersigned, a Notary Public, in dnd ;or 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 II, 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 ;: 1 DONNA HUHEM Notary PuMicCaiifomia 7 My Gnnm. Exp. Mar. 12 1s WITNESS my hand and official seal. Notaf-y Public in and for said County and State STATE OF CALIFORNIA ;ss: COUNTY OF LOS ANGELES ) On the /cm day of undersigned, a Notary personaily 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 II, the said partnership being known to me to be a General Partner of Hughes North County Associates II, 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. and State aid County -lO- A 945 . STATE OF CALIFORNIA {ss: COUNTY OF LOS ANGELES ) On the /cti day of undersigned, &i and g~~i~gf~~~ me, the a Notary Public, i 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 II, the said partnership being known to me to be a General Partner of Hughes North County Associates II, the partnership that executed the within instrument and acknowledged to me that such partnership executed that such partner executed the the same as such partner and same. WITNESS my hand and official seal. I L '- 1 j,f,fi& a 7x fY(,-)/Li&& &,A.. : Notary Public in and for said County and State STATE OF CALIFORNIA ;ss: COUNTY OF LOS ANGELES ) On the /;?nday of undersigned, -#$---A ;~~~~,e~f~~~,~~f the a Notary Publi personally appeared FRED A. BARTMAN, JR. known to rn; 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 II, the said partnership being known to me to be a General Partner of Hughes North County Associates II, 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 /kji&ih c in and for said County and State -ll- - - 946 CARLSBAD PROPERTY EXHIBIT A LEGAL DESCRIPTION OF PROPERTY ALL THAT PORTION OR PARCEL OF LAND SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND MORE PARTICU- LARLY DESCRIBED AS FOLLOWS: PARCEL 1: ALL OF LOTS 32 TO 36 INCLUSIVE, OF HOSP EUCALYPTUS FOREST COMPANY’S TRACT, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1136, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, dUNE 8, 1908. TOGETHER WITH THOSE PORTIONS OF LOTS 19, 20, 29, 30 AND 31 OF SAID HOSP EUCALYPTUS COMPANY’S TRACT AND THAT PORTION OF CARLSBAD ROAD ADdOINING SAID LOTS AS VACATED AND CLOSED TO PUBLIC USE, LYING SOUTHEASTERLY OF A LINE DRAWN PARALLEL WITH AND 30 FEET NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHEAST CORNER OF TRACT 6 OF LAGUNA MESA TRACTS, ACCOROING TO MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 20, 1921; THENCE ALONG THE NORTHERLY LINE OF SAID MAP NO. 1719, NORTH 89°25’DO” WEST (RECORD NORTH 89’26’00” WEST) 316.91 FEET TO THE CENTER LINE OF COUNTY ROAD SURVEY NO. 843 (KNOWN AS JEFFERSON STREET, 60.00 FEET WIDE), ACCORDING TO OFFICIAL PLAT THEREOF ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAN DIEGO COUNTY, BEING A POINT ON THE ARC OF A NON-TANGENT 432.52 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE OF SAID CURVE BEARS SOUTH 21*34’00” EAST TO SAID POINT, AND BEING ALSO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTER LINE AS FOLLOWS: NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33’07’00” A DISTANCE OF 249.99 FEET; AND TANGENT TO SAID CURVE NORTH 3S019’OO” EAST TO THE SOUTHWESTERLY LINE OF THAT PORTION OF CALIFORNIA STATE HIGHWAY 11-50-78 AS DESCRIBED IN PARCEL 1 IN DEED TO THE STATE OF CALIFORNIA, RECORDED MAY 28, 1971 AS FILE NO. 112979. EXCEPTING FROM SAID LOT 32 THAT PORTION OF THE NORTHERLY 120.00 FEET THEREOF LYING WESTERLY OF THE WESTERLY LINE OF THE EASTERLY 810.00 FEET THEREOF. ALSO EXCEPTING FROM SAID LOT 32 THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SAID LOT 32 AND THE CENTER LINE OF JEFFERSON STREET AS DEFINED BY ROAD SURVEY NO. 843, GRANTED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED FEBRUARY 26, 1941 IN BOOK 1132, PAGE 419 OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTH LINE SOUTH 89’41’21” EAST, 64.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE (1) NORTH 27’36’27” EAST, 60.72 FEET; THENCE (2) SOUTH 83’41’13” EAST, 38.16 FEET; THENCE (3) SOUTHEASTERLY ALONG A TANGENT CURVE, CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 72.00 FEET, THROUGH A CENTRAL ANGLE OF 86’49’13”, A DISTANCE OF 109.10 FEET; THENCE (4) TANGENT TO SAID CURVE SOUTH 3’08’00” WEST, 55.13 FEET; THENCE (5) SOUTHWESTERLY ALONG A TANGENT CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 72.00 FEET, THROUGH A CENTRAL ANGLE OF 9S”OO’OO”, A DISTANCE OF 119.38 FEET; THENCE (6) TANGENT TO LAST SAID CURVE, NORTH 81”52’00” WEST, 21.00 FEET; THENCE (7) NORTHWESTERLY ALONG A TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 72.00 FEET, THROUGH A CENTRAL ANGLE OF 42’18’20”, A DISTANCE OF 53.16 FEET TO A LINE 120.00 FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID LOT 32; THENCE (8) ALONG LAST SAID LINE, SOUTtj 89°41’21” EAST, 124.71 FEET A A d ’ , 94i L To A LINE 810.00 FEET WESTERLY OF THE EASTERLY LINE OF SAID LOT 32; THENCE (9) ALONG LAST SAID LINE, NORTH O*-18’39” EAST,~ 120.00 FEET TO SAID NORTHERLY LINE OF SAID LOT 32; THENCE (10) ALONG SAID NORTHERLY LINE, NORTH 89’41’21’ WEST, 104.20 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LOTS 32 AND 33 AND OF SAID CARLSBAD ROAD, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY RIGHT OF WAY LINE OF JEFFERSON STREET AS DEFINED BY ROAD SURVEY NO. 843, GRANTED TO THE COUNTY OF SAN DIEGO 6Y DEED RECORDED FEBRUARY 26, 1941, IN BOOK 1132, PAGE 419 OF OFFICIAL RECORDS OF SAID COUNTY, AND A LINE PARALLEL TO AND 120.00 FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID LOT 32; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89’41’21” EAST, 39.07 FEET; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 39’27’44” WEST, 311.31 FEET; THENCE SOUTH 52’21’22” WEST, 26.03 FEET TO THE SOUTHEASTERLY LINE OF SAID ROAD SURVEY NO. 843; THENCE NORTH 53’48’02” WEST, 60.00 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID ROAD SURVEY NO. 843; THENCE LEAVING SAID LINE, NORTH 09”09’50” EAST, 28.07 FEET; THENCE NORTH 32’38’34” EAST, 161.20 FEET; THENCE NORTH 24”17’18” EAST, 195.15 FEET TO A POINT ON THE NORTH LINE OF SAID “HOSP EUCALPYTUS FOREST COMPANY’S TRACT”; THENCE ALONG SAID NORTH LINE SOUTH 89’41’21” EAST, 141.49 FEET TO THE SAID SOUTHEASTERLY LINE OF SAID ROAD SURVEY NO. 843; THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 35’12’35” WEST, 146.31 FEET TO POINT OF BEGINNING. ALSO EXCEPTING FROM SAID LOT 33 THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 20; THENCE ALONG THE EASTERLY LINE THEREOF, NORTH 06°58’OO” EAST 278.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 70’28’24” WEST 505.81 FEET: THENCE NORTH 89’29’00” WEST 213.74 FEET TO A POINT ON A NON-TANGENT 462.52 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE OF WHICH BEARS SOUTH 49’22’30” EAST TO SAID POINT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF OS”24’55”, A DZSTANCE OF 43.72 FEET; THENCE TANGENT TO SAID CURVE, NORTH 35’12’35” EAST 449.44 FEET TO THE BEGINNING OF A TANGENT 490 .OO FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 37’47’39” A DISTANCE OF 323.22 FEET; THENCE TANGENT TO SAID CURVE, NORTH 73’00’14” EAST 111.94 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 86°40’30“ A DISTANCE OF 30.26 FEET TO THE BEGINNING OF A REVERSE 942.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY: THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24*45’00”, A DISTANCE OF 363.72 FEET; THENCE SOUTH 44’55’44” WEST 161.00 FEET TO A POINT WHICH BEARS NORTH 70’28’24” EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 70’28’24” WEST 69.19 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING FROM SAID LOTS 33, .34, 35 AND 36, THAT PORTION DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 11 SOUTH, RANGE 4 WEST; THENCE ALONG THE SOUTH LINE OF SAID NORTH HALF NORTH 89’42’19” WEST, 404.27 FEET; THENCE SOUTH 962.79 FEET TO THE NORTHERLY LINE OF MARRON ROAD (82 FEET WIDE); THENCE NORTH 76*30’00” WEST, 331.90 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 842.00 FEET; THENCE WESTERLY EXHIBIT A PAGE 2 - - “ I 946 * -ALONG SAID CURVE THROUGH A-~CENTRAL ANGLE--OF 42’30’00” A DISTANCE OF 624.56 FEET; THENCE SOUTH 61*00’00” WEST, 174.26 FEET TO -THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 758.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13’24’44’ A DISTANCE OF 177.44 FEET; THENCE SOUTH 74’24’44” WEST, 42.40 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 74’24’44” WEST, 97.60 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 758.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60°31’OO” A DISTANCE OF 800.61 FEET; THENCE NORTH 45’04’46” WEST, 130.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 558.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31°04’59” A DISTANCE OF 302.72 FEET; THENCE NORTH 13”59’17” WEST, 100.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 558.00 FEET: THENCE NORTHERLY ALONG SAIO CURVE THROUGH A CENTRAL ANGLE OF 14’17’17” A DISTANCE OF 139.15 FEET TO A POINT IN THE SOUTHERLY RIGHT OF WAY LINE OF MARRON ROAD (82 FEET WIDE); THENCE NORTH 89°42’OO” WEST, 82.00 FEET ALONG SAID RIGHT OF WAY LINE TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 640.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14’17’17” A DISTANCE OF 159.60 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 96”00’00” A DISTANCE OF 31.42 FEET; THENCE SOUTH 76°00’OO” WEST, 122.50 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 530.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40’48’08” A DISTANCE OF 377.43 FEET TO A POINT IN THE RIGHT OF WAY LINE OF JEFFERSON STREET (60 FEET WIDE); THENCE SOUTH 54’47’25” EAST, 60.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 470.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40’48’08” A DISTANCE OF 334.70 FEET; THENCE NORTH 76’00’00” EAST 122.50 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00’OO” A DISTANCE OF 31.42 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 640.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31°04’59” A DISTANCE OF 347.20 FEET; THENCE SOUTH 4S”04’16” EAST, 130.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 940.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60°31’OO= A DISTANCE OF 887.22 FEET; THENCE NORTH 74O24’44” EAST, 97.60 FEET: THENCE NORTH 15’35’16” WEST, 82.00 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THOSE PORTIONS OF SAID LOTS 19 AND 20 AND OF SAID CARLSBAD ROAD, LYING SOUTHERLY AND SOUTHEASTERLY OF THE LOCATION AND PROLONGATIONS OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHERLY LINE OF JEFFERSON STREET AS DESCRIBED IN DEED TO PLAZA CAMINO REAL, RECORDED DECEMBER 16, 1976 AS DOCUMENT NO. 76-422363 OF OFFICIAL RECORDS; BEING THE EASTERLY TERMINUS OF THAT CERTAIN 530 FOOT RADIUS CURVE, CONCAVE SOUTHERLY HAVING A CENTRAL ANGLE OF 40’48’08” AS DESCRIBED IN SAID DEED; THENCE WESTERLY ALONG SAID CURVE 377.43 FEET TO THE NORTHWESTERLY RIGHT OF WAY OF aJEFFERSON STREET AS SHOWN ON ROAD SURVEY NO. 843; THENCE SOUTHWESTERLY ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE TO THE SOUTHERLY LINE OF SAID MAP NO. 1136. AND ALSO EXCEPTING THOSE PORTIONS OF LOT 33 OF HOSP EUCALYPTUS FOREST COMPANY’S TRACT, IN THE CITY Ot CARLSBAD, IN THE COUNTY OF SAN EXHIBIT A PAGE 3 ,- A *. 8 . 949 DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1136, FILED IN ‘THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 8, 1908. TOGETHER WITH THOSE PORTIONS OF LOTS 19, 20, 29 AND 30 OF SAID HOSP EUCALYPTUS FOREST COMPANY’S TRACT AND THAT PORTION OF CARLSBAD ROAD ADJOINING SAID LOTS AS VACATED AND CLOSED TO PUBLIC USE. ALSO, THA7 PORTION OF JEFFERSON STREET AS VACATED AND CLOSED TO PUBLIC USE AND DESCRIBED IN RESOLUTION NO. 5461 OF THE CITY OF CARLSBAD CITY COUNCIL RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 13, 1978, FILE/PAGE NO. 780293185, BEING MORE PARTICULARLY DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEASTERLY LINE OF ROAD SURVEY NO. 843, SAID POINT BEING OPPOSITE ENGINEERS STATION NO. 47 PLUS 53.29 ON THE CENTER LINE OF SAID ROAD SURVEY NO. 843; THENCE NORTH 52O24’32” EAST (NORTH 52°21’22” EAST RECORD) 26.03 FEET; THENCE NORTH 39” 31’ 14” EAST 33.13 FEET (NORTH 39’27’44” EAST 33.22 FEET RECORD) TO THE NORTHWESTERLY CORNER OF AN EASEMENT GRANTED TO THE CITY OF CARLSBAD FOR ROADWAY PURPOSES RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 18, 1971, FILE/PAGE NO. 129900, SAID POINT BEING ON A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 641.68 FEET (642.00 FEET RECORD) AND HAVING A RADIAL BEARING OF NORTH 84057’46” wEsT (NORTH 84059’28” WEST RECORD) FROM THE CENTER OF SAID CURVE; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7”07’15” A DISTANCE OF 79.75 FEET (7’06’29” A DISTANCE OF 79.65 FEET RECORD): THENCE NORTH 87°54’59’ EAST (NORTH 87’54’03” EAST RECORD) 2.00 FEET TO THE WESTERLY LINE OF MARRON ROAD AS SAID ROAD IS DESCRIBED IN THAT CERTAIN GRANT DEED TO CITY OF CARLSBAD RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 23, 1976, FILE/PAGE NO. 76-431713, SAID POINT BEING A POINT ON A 639.68 FOOT, (640 .OO FOOT RECORD) RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG SAID WESTERLY LINE THROUGH A CENTRAL ANGLE OF 11*53’29” A DISTANCE OF 132.76 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 20.00 FEET AS DESCRIBED IN SAID GRANT DEED TO THE CITY OF CARLSBAD; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90’00’00” A DISTANCE OF 31.42 FEET; THENCE SOUTH 76°01’30” WEST (SOUTH 76°00’OO” WEST RECORD) 122.50 FEET TO THE BEGiNNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 530.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40’48’27” A DISTANCE OF 377.48 FEET (40’48’08” A DISTANCE OF 377.43 FEET RECORD) TO A POINT ON THE NORTHWESTERLY LINE OF 3EFFERSON STREET (ROAD SURVEY 843) AS DESCRIBED IN RESOLUTION NO. 5461 OF THE CITY OF CARLSBAD CITY COUNCIL RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 13, 1978, FILE/PAGE NO. 780293185; THENCE NORTHEASTERLY ALONG SAID NORTHWESTERLY LINE NORTH 3S013’03” EAST 572.01 FEET (NORTH 3S012’35” EAST 571.81 FEET RECORD) TO A POINT ON SAID NORTHWESTERLY LINE OPPOSITE SAID ENGINEER’S STATION 47 PLUS 53.29; THENCE SOUTH 53’48’27” EAST (SOUTH 54°47’25” EAST RECORD) 60.00 FEET TO THE POINT OF BEGINNING. PARCEL 2: LOT 29 OF CARLSBAD TRACT 76-18 (PLAZA CAMINO REAL SHOPPING CENTER) , IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8956, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN OIEGO COUNTY ON AUGUST 11, 1978. EXHIBIT A PAGE 4 : . Y-- 950 PARCEL 3: AN EASEMENT APPURTENANT TO AND FOR THE BENEFIT OF PARCELS 1 AND 2 ABOVE FOR INGRESS AND EGRESS OVER AND ACROSS A PORTION OF LOT 27 OF CARLSBAD TRACT 76-18 (PLAZA CAMINO REAL SHOPPING CENTER), IN THE CITY OF CARLSBAD, ACCORDING TO MAP THEREOF NO. 8956, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 11, 1978, AS CREATED BY THAT CERTAIN EASEMENT DEED FROM THE PARKING AUTHORITY OF THE CITY OF CARLSBAD, A PUBLIC CORPORATION TO HUGHES NORTH COUNTY ASSOCIATES, A GENERAL PARTNERSHIP, RECORDED OCTOBER 29, 1985, RECORDER’S FILE NO. 85-404884, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 27, SAID POINT BEING ON A 758.42 FOOT (758 FOOT RECORD) RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL LINE BEARS SOUTH 13°19’46” EAST (SOUTH 13°23’08” EAST RECORD) TO SAID POINT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2’14‘14” A DISTANCE OF 29.61 FEET (2’12’08” A DISTANCE OF 29.13 I FEET RECORD); THENCE NORTH 74026’00” EAST (NORTH 74024’44” EAST RECORD) i 64.90 FEET; THENCE NORTH 15”34’00” WEST 180.03 FEET; THENCE NORTH 9’53’22” WEST 168.98 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE, ; CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A ! i CENTRAL ANGLE OF 10”18’06” A DISTANCE OF 89.90 FEET; THENCE NORTH ! OO”24’44” EAST 225.00 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 47°35'16" A DISTANCE OF 207.64 FEET; THENCE NORTH 50°25’36” WEST 50.45 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A", SAID POINT BEING ON THE WESTERLY BOUNDARY OF SAID LOT 27 AND 1 BEING THE BEGINNING OF A NONTANGENT 300.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY A RADIAL LINE BEARS NORTH 43’24’44” WEST TO SAID POINT; THENCE SOUTHERLY ALONG THE WESTERLY BOUNDARY OF SAID LOT 27 AND ALONG THE ARC OF SAIO CURVE THROUGH A CENTRAL ANGLE OF 46°10’32” A DISTANCE OF 241.77 FEET; THENCE SOUTH OO”24’44” WEST 364.96 FEET (SOUTH OO”25’14” EAST 365.00 FEET RECORD) TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°43’09” A DISTANCE OF 137.67 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY HAVING A RADIUS OF 400.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19O43’29” A DISTANCE OF 137.70 FEET; THENCE SOUTH OO”31’OO” WEST 44.26 FEET (SOUTH 00025’14” WEST 43.46 FEET RECORD) TO THE POINT OF BEGINNING. EXHIBIT A PAGE 5 OCEANSIDE PROPERTY EXHIBIT .A" THAT PORTION OF THE NORTH HALF OF THE NORTH HALF OF SECTION 31, TOWN- SHIP 11. SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN TBE CITY OF OCEANSIDE, IN THE COUNTY OF SAN DIM;O, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS POLLWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTH IIALF OF THE NORTH HALF OF SAID SECTION 31, THENCE AL;WG Td;' SOUTHERLY LINE OF SAID NORTH HALF OF THE NORTH BALF, NORTH 89'41'21' WEST, 2630.74 FEGT TO THE HOST WEST- ERLY CORNER OF TBAT PORTION OF CALIFORNIA 8TATE HIGHWAY 11-SD-78 AS DESCRIBED IN PARCEL 1 IN DEED TO TBE STATE OF CALIFORNIA, RFCORDED MARCH 1, 1971 AS FILE NO. 37628; THENCE ALONG THE BOUNDARY OF SAID PARCEL 1 AS FOLLOWS: NORTH 27'36'27' EAST/ 60.72 FEET: AND SOUTR 83'41'13" EAST, 38.16 FEET TO THE BEGINNING OF A TANGENT 72.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, AND BEING A POIKT HEREIN DESIGNATED AS POINT "Y"; THENCE CONTINUING ALONG SAID BOUNDARY SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE SOUTHERLY LINE OF SAID NORTH HALF OF THE NORTH HALF OF SEcTIa 31 AND BEING TEE TRUE POINT OF BM;INING; THENCE RETRACING ALONG SAID BOUNDARY, NORTEiWESTERLY ALONG TEE ARC OF SAID CURVE TOSAID eOINT. =Y"; AND NORTH 83*41'13m WEST, 38.16 FEET, BEING ALSO A POI-W cN.TIiE SOUTHEASTERLY LINE OF THAT PORTION m CALIFORNIA STATE HIGHWAY 11-SD-78 AS DESCRIBED IN PARCEL 2 IN DEED TO THE STATE OF CALIFORNIA/ RECORDED MAY 28, 1971 AS FILE NO. 112979; THENCE ALONG SAID SW'I'BEASTERLY LINE NORTH 27'36'27" EAST, 28.01 FEET TO TBEMOST SOUTHERLYCORNEROFIAND DESCRIBED IN PARCELS 2AND 3 IN DIRECTOR'S DEED TO BEiNARD CITRON, ET AL, RECORDED.OCTOBER 10, 1973 AS DOCUMENT NO. 73-285468: THmCE ALONG THE BOUNDARY OF'SAID PARCELS 2 AND 3ASFQLLms: NORTH 62.23'33" WEST, 42.56 FEET; NORTH 18*54'14m EAST, 93.58 FEET; AND SOUTH 54'47'25' EAST, 57.17 FEET TO THE SOUTREASTERLY LINE OF THAT PORTION OF SAID CALIFORNIA STATE HIGHWAY 11-SD-78 AS DESCRIBED IN PARCEL 3 IN SAID DEED TO THE STATE OF CALIFORNIA LAST BEREINABOVE REFERRED TO: THEXE ALONG SAID SOUTHEASTERLY LINE NORTH 41*37'18" EAST, 45.32 FEET To THE MOST SOUTHERLY CORNER OF LAND DESCRIBED IN PARCEL 1 IN SAID DIRBXOR'S DEED LAST HEREINABOVEREFERRED TO;TBENCEALONGTEE NORTHWESTERLY AND NORTHERLY BOUNLViRY OF SAID PARCEL 1 CF SAID DIRECTOR'S DEED AS FOLKWS: 951 NORTH 41'37'18° EAST, 80.23 FEET TO AN ANGLE POINT TBEREIN; NORTH 67'38'05" EAST, 59.66 FEET; THENCE Nt?-tTH 64*14'54" EAST, 116.83 FEET; THENCE NORTH 75'00'23" EAST, 93.84 FEET; NORTH 78*41'29" EAST, 196.62 FEET; AND NORTFi 88'06'26" EAST, 249.81 FEET; BEING A POINT ON THE SOUTHERLY LINE OF TEAT PORTION OF SAID CALIFORNIA STATE HIGHWAY 11-SD-78 AS DESCRIBED IN PAXEL 3 IN SAID DEED TO TBE STATE OF CALIF'OFUUA LAST HEREINABOVE REFERRED TO; THENCE ALONG SAID SOUTHERLY LINE NORTH 88.00'18" EAST, 402.93 FEET TO THE NORTHWESTERLY CORNER Op TEE IAND DESCRIBED IN DEED TO THE CITY OF OCEANSIDE, RBCORDED MMCH 9, 1981, AS DOCUMENT NO. 71274 OF OFFICIAL RECORDS; THENCE ALONG TBE WESTERLY BOUNDARY OF SAID LAND SOUTH 312.85 FEET; AND SOmH 46.36'53" WEST 143.87 FEET TO THE SOUTBERLY LINE OF SAID NORTH l/2 OF SBCTION 31; THENCE WESTERLY ALONG SAID SOUTHERLYLINE TOTBETRUE POINT OFBEGINNING. . EXHIBIT B ( SHEET 1 OF 2 ) h 952 THIS LINE REPRESENTS A LINE 30’ NORTHERtY OF THE TOF OF THE NORTH BAkK OF TME -EEK . -- SL . SEC. 31 RAW --=-‘- -: BEGlNNINt I I \ THIS LINE REPRESENTS THE TOI) TRUE POIHT OF BEGlNNIN( OF PARCEL 1 SCALE: 1’ : 200’ . BEE SHEET 2 OF 2 FOR TABULATED OAT/ .-’ STUART ENGINEERING 93fstma,suhem5*fnDimgo,CJHomir92101 (61% w*oy FAX (619) - EXHIBIT B ( SHEET 2 OF 2 1 0 1 S OO25'14"W 0 2 s 85°19'51"W 0 3 S 82°00'OO"W 0 4 S 64°00'OO"W 0 5 S 87°00'OO"W 0 6 S 75°00'OO"W 0 7 N 90°00'OO"W 0 8 N 76°00'00nW 0 9 N 90°00'00nW 0 10 N 71°00'OO"W 0 1 S 76O57'50"E 145.81' 173.21' 147.13' 251.13' 102.46' 100.66' 81.36' 80.00' 66.11' 109.63' W N 75°00'00"E N 72°00'00"E S 89O44'12"E N 64O13'08"E 0 2 0 2 0 2 0 24 0 2 0 26 0 2 0 28 0 29 0 30 0 31 N 84'15'15"E N 50°26' 15"E S 0°01'53"E S 46O35'OO"W N 89O44'12"W 161.57' 232.53' 422.28' 102.86' 369.82' 397.18' 238.90' 143.87' 240.14' S 79O55'45"E N 82O29'13"E 188.96' 229.60' @ A= OO18'44" R=200.00' b= 1.09' @ N 71016'53"E 335.96' 0 13 N 13O20'54"E 29.18' 0 33 N 77O51'37"E 330.21' @A - 3O22'39" Rm758.00' L-44.68' 0 34 N O"25' 14"E 125.81' 0 1 N 39O31'14"E 102.32' 0 35 N 0°25'14"E 20.00' 0 1 S 89°41'10"E 53.16' 0 S 50°28' 0l"W 6A (RI I 1 -42°19'16" R= 71.78' -53.02' 0 19 S 81°51'15"E 21.od 0 20 &65O57'32" R= 71.97' G-82.85 STUART ENGINEERING ~fSum.Sub1DS.SmDkgo,WHan*~m (cm- fAxm!‘l236457a . RECORDING REQUESTED BY W.-AND MAIL TO: F(yz TiqJC yy"'."" .;~-;;y..f/ & &&!&#j# > :-‘m City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008-1989 Attn: Ronald R. Ball (DOCUMENT ENTITLED TO FREE RECORDATION PURSUANT TO GOVERNMENT CODE 5 6103) , ,i , I, ;c " ; 890 -90 062248 P A.- aJ¶+q~ _ c-7 C.-l ..lL_.,. i , -. .- - ? py :, 17 I,. . I .- ’ ‘..< I 7 -m .._A_ ~ RIGHT-OF-ENTRY HUGHES NORTH COUNTY ASSOCIATES (hereinafter referred to as llOwnerll) hereby grants, conveys and assigns to the CITY OF CARLSBAD (hereafter referred to as ltCitylt) 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 ItCleaning Period") 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 "Shopping Center Parking Lot/Roadway" on Exhibit IrC", 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 "At1 and shown in Exhibit rlBtt, 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. -l- * rcI h . 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 -, , , 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: -- 11 Thomas 'H. -- -. Purcell, General Partner By: Lagoon View Investment Co., a California general partnership, General partner By: By: ,’ By: _ A-y;, - \ ,‘,“-A-~ ,’ , ,,Q,-< ,? ;; I;-. I 4 --/ ,, , _. ._--I k Fred A. Bartman, Jr., , General Partner BARTFAM, a California limited partnership, General Partner -. ^ / '7 _ ._i ..rl; : ..I B#‘,,~,‘~‘/‘~~’ 1’ i -(’ -_ i(’ Fred A. Bartman, Jr.h- General Partner -2- L - h 892 STATE OF CALIFORNIA 1,s: COUNTY OF ORANGE On the undersigned, 10 day)of dd$ ko;9~~j~;;;:~ me, the a Notary Public, in an personally appeared THOMAS H. PURCELL, known to me Lo 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. MyComm.Exp.Mr.12.1993 Notary Public in a3rd for saiixunty and State STATE OF CALIFORNIA 1 )ss: COUNTY OF LOS ANGELES ) -+#I On the ;L day of undersigned, 4$L'dl$nd io:9;;ib;;dE; me, the a Notary Public, in personally appeared HARRY J. L. FRANK, JR., known t; 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. MARIt'd KOSfiKIAN -CALIFORNIA -Qpy )Q/ L.Cl+-rYc/ pkWb&WL Notary Public in and for said County and State -3- 1 - h STATE OF CALIFORNIA 1 )ss: COUNTY OF LOS ANGELES ) On the I$? day of undersigned, c/~llirg~~ io;9~~jb;tf;;~ me, the a Notary Public, in 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. ~Y-L--l.n .'I ,: 1. _ I/ -._ ‘4, -' I I IyL LLCAlU-7/;/tLCIiCGL. Notary Public'in and for said County and State STATE OF CALIFORNIA 1 )ss: COUNTY OF LOS ANGELES ) On the fl day of undersigned, {A; ani ;!J;%a;;f;;-tte I the a Notary Public, i personally appeared FRED A. BARTMAN, JR. known to rn& 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. YK9&!4ia;w &L Notary Public in and for said County and State -4- h Civil Engineering/Planning/Surveying STUART ENGINEERING 533 F. Street, Suite 205 San Diego, California 92101 (619) W-0533 FAX (619) 236-0578 EXHIBIT A 894 502-87-00 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. \Sq% , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, fi 0,; o-Y1 L\ 2 , j+; , MORE PARTICULARLY v DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF PARCEL 2 OF SAID PARCEL MAP NO. \%'?5 ; THENCE SO"25'14**W, 145.81 FEET TO THE TRUE POINT OF BEGINNING: THENCE S85°19'51"W, 173.21 FEET: THENCE S82°00'O01@W, 147.13 FEET: THENCE S64°00'OOW, 251.13 FEET: THENCE S87°00'OOg1W, 102.46 FEET: THENCE S75°00'OO'1W, 100.66 FEET; THENCE N90°00'00"W, 81.36 FEET: THENCE N76°00'00"W, 80.00 FEET; THENCE N90°00'00"W, 66.11 FEET: THENCE N71°00'00"W, 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 I SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS S76°57'50"E; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF O"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 '- CONCAVE SOUTHEASTERLY: THENCE NORTHERLY ALONG THE ARC OF SAID A EXHIBIT A (Contld) 502-87-00 July 5, 1989 Page two of two CURVE THRU A CENTRAL ANGLE OF 3O22'39" A DISTANCE OF 44.68 FEET: THENCE LEAVING SAID EASEMENT FOR WBLIC STREET AND HIGHWAY PURPOSES S7g055'45"E, 188.96 FEET; THENCE N82O29'13"E, 229.60 FEET: THENCE N71°16'53"E, 335.96 FEET; THENCE N77°51B37"E, 330.21 FEET; THENCE SO"25'14"W, 125.81 FEET TO THE TRUE POINT OF BEGINNING. (LDOO86.1) . * y Es I Civil Engineering/Planning/Surveying STUART ENGINEERING 533 F. Street, Suite 205 San Diego, California 92101 (619) 5440533 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. '.-:;;-I "i , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ys I i <>,"iW 7 - . . \ _ . . , ‘-I -,I.? , MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID PARCEL 2; THENCE SO"25'14"W, 20.00 FEET; THENCE S77O51'37"W, 330.21 FEET: THENCE S71°16'53"W, 335.96 FEET; THENCE S82O29'13"W, 229.60 FEET: THENCE N7g055'45"W, 188.96 FEET: THENCE N3g031'14"E, 102.32 FEET; THENCE S89°41'10"E, 53.16 FEET, TO THE BEGINNING OF A 71.78 FOOT RADIUS CURVF, CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS S50°28'01"W; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 42O19'16", A DISTANCE OF 53.02 FEET; THENCE S81°51'15"E, 21.01 FEET TO THE BEGINNING OF A TANGENT 71.97 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHEASTERLY AND NORdHEASTERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 65O57'32", A DISTANCE OF 82.85 FEET: THENCE N75°00'00"E, 161.57 FEET; THENCE N72°00g00"E, 232.53 FEET TO THE NORTH LINE OF SAID PARCEL 2; THENCE EASTERLY ALONG THE NORTH LINE. OF SAID PARCEL 2 S89°44g12"E, 422.28 FEET TO THE POINT OF BEGINNING. (LD0086) - Civil Engineering/Planning/Surveying STUART ENGINEERING 533 F. Street, Suite 205 San Diego, California 92101 (619) W-0533 FAX (619) 236-0578 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 N64'13'08"E, 102.86 FEET; THENCE N84O15'15"E, 369.82 FEET; THENCE N50°26'15'E, 397.18 FEET: THENCE S0°01'53"E, 238.90 FEET: THENCE S46°35'OO"W, 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°44'12'W, 240.14 FEET TO THE POINT OF BEGINNING. J (LD0085) EXHIBIT B - 898 ( SHEET 1 OF 2 ) THIS LINE REPRESENTS A LINE 30’ NORTHERLY OF ntE TOP OF THE NORTH BAhK OF THE CFIEEK . .- -.. SEC. 31 I pJ-ydL----~----~ THIS LINE REPRESENTS THE TO OF THE SOUTH BANK OF THE CRE -77 \ TRIE POINT OF SEGINNINC -W PARCEL 1 . E! e SCASE: 1’ : 200’ SEE SHEET 2 OF i FOR TABULATED OATI STUART ENGINEERING suFsmmwtem!J,smokga,caMomia9zlul (610) s4+auJ FAX Pq 23bOS78 h EXHIBIT B ( SHEET 2 OF 2 ) 0 1 S O"25'14"W 0 2 s 85°19'51"w 0 3 S 82°00'OO"W 0 4 S 64°00'OO"W 0 5 s 87°00'oo"w 0 6 S 75°00'OO"W 0 7 N 90°00'00nW 0 8 N 76°00'OO"W 0 9 N 90°00'OO"W 0 10 N 71°00'OO"W 0 1 S 76O57'50"E 145.81' 173.21' 147.13' 251.13' 102.46' 100.66' 81.36' 80.00' 66.11' 109.63' (RI 0 2 0 22 0 23 0 24 Q 2 0 26 0 2 0 28 0 2 0 30 0 31 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 0°01'53"E S 46°35'00"W N 89O44'12"W S 79O55'45"E N 82O29'13"E @ A= OO18'44" R=200.00' IF 1.09' 32 N 71°16'53"E 0 13 N 13O20'54"E 0 29.18' 33 0 34 N 77O51'37"E @A - 3O22'39" R=758.00' -44.68' 0 1 N 39O31'14"E 0 N 0°25'14"E 102.32' Q 0 35 N 0°25'14"E 1 S 89°41'10nE 53.16' S 50°28'OlwW (RI =42O19'16" R= 71.78'. Lp53.02' 0 J 19 S 81°51'15"E 21.01' 0 20 b65O57'32" R= 71.97' Ii82.85' 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' , . STUART ENGINEERING S33F~,SUh2DS,SmDkgO,CdihlhMo1 6-l Il*dbu FAX (9 S-m6 . c 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 JL(,y 10 , 1989, from Hughes North County Associates to the City of Carlsbad, is hereby accepted effective dLc/4*c4R 2 1989, by the undersigned officer or agent on bedalf of thA City of Carlsbad pursuant to authority conferred by resolution of the City Council adopted on &q,,,& / 1989, and the grantee consents to recordation th&eof by'its duly authorized officer. CITY OF CARLSBAD Dated: I. /?Pto BY d&U& i!<& -5- . , L EXHIBIT C - P .THISLINEREP#SENTSALINE~O’ *& w.. . -. w-v----- I\ 1. \ \ / / / CITY OF CARLSBAD / *. P -- P -- -k- 2--- SCALE: 1’:2m’ STUART ENGINEERING !33Fsma.SUit@g5.hMcp.wifom*9Zl01 (619jW-0533 FAx(619)- 1 RECORDING REQUESTED .AND MAIL TO: yj@ RR’ ‘-‘P*‘-.*-‘-- -- ‘-q-/ b i..L . . . .I... -... -4.L) City of Carlsbad 1200 Elm Avenue 902 ; 1 i i 1 1 3,’ ,--m -2 “, ,- r :: - ? 2 2 c c- _ L i.i,i,ii Carlsbad, California 92008-1989 Attn: Ronald R. Ball (DOCUMENT ENTITLED TO FREE RECORDATION PURSUANT TO GOVERNMENT CODE S 6103) ., -, ; /- .,l_ . .. --_. . . NO FEE 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-following 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 -1- , - . i. 90,” . 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 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: t-?,,‘ ./ / !I I .:' :' ‘ .' - Thomas H. Purcell, General Partner By: Lagoon View Investment Co., a California general partnership, General Partner Partner By: yq ., Fred A. Bartman, Jr., General Partner I, By: BARTFAM, a California limited partnership, General Partner A f. - ( --- ,-.->CLt. ,' '(;I /&dw i/i; L ~ f \q - ! By: Fred A. Bartman, Jr:>/ General Partner -2- ‘ h . c - STATE OF CALIFORNIA 1 )ss: COUNTY OF ORANGE On the undersigned, (0 d&f %d io:9~W~gf;-~ me, the a Notary Public, * personally appeared THOMAS H. PURCELL, known to me ;o 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. OFFICIAL SEAL DONNA HUHEM YiiZtiZEY’” My Comm. Exp. Mu. 12 1903 WITNESS my hand and official seal. Not&y Public in ahd'for said County and State STATE OF CALIFORNIA ;ss: COUNTY OF LOS ANGELES ) On the !$' day of undersigned, a Notary Public, 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. ‘i.-, L&V j+dA?k- Notary Pubkc in and for said County and State -3- I . . h . STATE OF CALIFORNIA 1 )ss: COUNTY OF LOS ANGELES ) On the IL'tM day of undersigned, ,FL; and 20:9izidb;E;;z me, the a Notary Pub11 , i personally appeared FRED A. BARTMAN, JR., known to Le 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 partner executed the EXP. APR. 23.19 STATE OF CALIFORNIA the same as such partner and that such same. WITNESS my hand and official seal. ---713a luw IL &Y~ 1 Ah n I- Notary Public in and for said County and State 1 )ss: COUNTY OF LOS ANGELES ) On the rC."day of undersigned, a Notary Public, 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. L ~-louccLc ,&dL/oc------ Notary Public in and for said County and State -4- - h . u - SEE Civil Engineering/Planning/Surveying STUART ENGINEERING 533 F. Street, Suite 205 San Diego, California 92101 (619) 544-0533 FAX (619) 236-0578 906 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. \:>‘I ! -3 , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, i--y& pq A: \'l'rQ , MORE PARTICULARLY %I DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF PARCEL 2 OF SAID PARCEL MAP NO. ‘/ ‘:; ‘I ;‘.?J ; THENCE SO"25'14"W, 145.81 FEET TO THE TRUE POINT OF BEGINNING; THENCE S85O19'51"W, 173.21 FEET; THENCE S82°00'OO"W, 147.13 FEET; THENCE S64°00'OOW, 251.13 FEET; THENCE S87°00'OO"W, 102.46 FEET; THENCE S75°00'OO"W, 100.66 FEET: THENCE N90°00'00"W, 81.36 FEET; THENCE N76°00'00"W, 80.00 FEET; THENCE N90°00'00"W, 66.11 FEET: THENCE N71°00'00"W, 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 .I SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS S76O57'50"E; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF O"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 *a CONCAVE SOUTHEASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID , , A EXHIBIT A (Cont'd) 907 502-87-00 July 5, 1989 Page two of two CURVE THRU A CENTRAL ANGLE OF 3O22'39" A DISTANCE OF 44.68 FEET: THENCE LEAVING SAID EASEMENT FOR PUBLIC STREET AND HIGHWAY PURPOSES S79°55'4511E, 188.96 FEET: THENCE N82O29'13"E, 229.60 FEET; THENCE N71°16153fvE, 335.96 FEET; THENCE N77O51'37"E, 330.21 FEET; THENCE SO"25114gbW, 125.81 FEET TO THE TRUE POINT OF BEGINNING. (LD0086.1) ‘J ! Civil 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. ;F,? ? 5 , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, f%bn;!p i? \;‘i’ld , MORE PARTICULARLY L' DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID PARCEL 2; THENCE SO"25'14"W, 20.00 FEET; THENCE S77O51'37"W, 330.21 FEET: THENCE S71°16'53"W, 335.96 FEET: THENCE S82°29'13"W, 229.60 FEET: THENCE N79°55f45ffW, 188.96 FEET; THENCE N39°31'14gtE, 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°28'01ffW; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 42°19'16", A DISTANCE OF 53.02 FEET: THENCE S81°51'15"E, 21.01 FEET TO THE BEGINNING OF A TANGENT 71.97 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY: THENCE SOUTHEASTERLY AND NORdHEASTERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 65O57'32", A DISTANCE OF 82.85 FEET: THENCE N75°00'00"E, 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. (LDO086) - Civil Engineering/Planning/kveying STUART ENGINEERING 533 F. Street, Suite 205 San Diego, California 92101 (619) 5440533 FAX (619) 236-0578 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°44'12ffW, 422.28 FEET; THENCE LEAVING SAID SOUTH LINE N64°13'08"E, 102.86 FEET; THENCE N84°15'15"E, 369.82 FEET; THENCE N50°26'15ffE, 397.18 FEET: THENCE S0°01'53"E, 238.90 FEET: THENCE S46°35'OO"W, 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°44'12"W, 240.14 FEET TO THE POINT OF BEGINNING. . (LD0085) - h. . i 910 EXHIBIT B ( SHEET 1 OF 2 ) WIS LINE REPRESENTS A LINE 30’ NORTHERLY OF THE TOP OF THE NORTH BANK OF TM =EEK .I .- ‘L SEC. 31 POINT OF BEGIINNlNt I THIS LINE REPRESENTS THE TO OF -IME SOUTH BANU OF THE CRI 7 L TRUE POINT CF BEGINNING OF PARCEL 1 SCASE: 1’ : 200’ SEE SHEET 2 OF 2 FOR TABULATED DATi . STUART ENGINEERING S33Fsam,SUiW7D6,SnDkgO#WifOhSZlOl (619)- FAX(619)- EXHIBIT B ( SHEET 2 OF 2 1 0 1 S O"25'14"W 0 2 S 8S019'51"W 0 3 S 82°00'OO"W 0 4 S 64°00'OO"W 0 5 S 87°00'OO"W 0 6 S 75°00'OO"W 0 7 N 90°00'00"W 0 8 N 76°00'OO"W 0 9 N 90°00'OO"W 0 10 N 71°00'OO"W 0 1 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' W @ A= OO18'44" R=200.00' L= 1.09' 0 13 N 13O20'54"E 29.18' @A- 3O22'39" R=758.00' L-44.68' 0 1 N 39O31'14"E 102.32' Q 1 S 89°41'10"E 53.16' 0 1 S 50°28'01"W W Q 1 A=42°19'16" R= 71.78' LT53.02' 0 19 S 81°51'15"E 21.011-f @A ~65~57'32" R= 71.97' -82.85' 0 2 N 7S000'00"E 0 2 N 72°00'00"E 0 2 S 89O44'12"E 0 24 N 64O13'08"E 0 2 -N 84°15'15"E 0 26 N 50°26'15"E 0 2 S 0°01'53"E 0 28 S 46°35'OO"W 0 29 N 89°44'12nW 0 30 S 79°55'45"E 0 31 N 82O29'13"E 0 32 N 71°16'53"E 0 33 N 77O51'37"E 0 34 N 0°25'14"E 0 35 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 - . ~FS?m?.Suite2Q5,SanOiego,Wi~~~ (619) 560533 FM (619) 060571) . 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? IO 1989, from Hughes North City of'carlsbad, is hereby accepted 1989, by the undersigned officer or of Carlsbad pursuant to authority conferred by resolution of the City Council adopted on 1989, and the grantee consents to recordation duly authorized officer. CITY OF CARLSBAD Dated: Td 1 1970 BY 1 I -5- , - f 4’ RECORDING REQUESTED BY $33 r"^'" -TO : I 21.. rv - . ..c..- _ ..-... n- I,-& ,. . .- __ . . . City of Carlsbad :;.-;;;y c; CiUF@?mir 1200 Elm Avenue Carlsbad, California 92008-1989 Attn: Ronald R. Ball (DOCUMENT ENTITLED TO FREE RECORDATION PURSUANT TO GOVERNMENT CODE 3 6103) 9i3 9ro62250 RIGHT-OF-ENTRY HUGHES NORTH COUNTY ASSOCIATES II (hereinafter referred to as 'lOwnerll) hereby grants, conveys and assigns to the CITY OF CARLSBAD (hereafter referred to as IlCity") 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 Period") 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 "Shopping Center Parking Lot/Roadway'* on Exhibit @lC@l, 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 on Exhibit Italy and shown on Exhibit rlBrl 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. -l- , ‘. - h 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 II has executed this document on this 'i "day of .I /I 1g8gw HUGHES NORTH COUNTY ASSOCIATES II, a California general partnership By: By: HUGHES INVESTMENTS, a California general partnership, General Partner .p--- : K , , ----\ - -. By: /, I/ :* ( \- Thomas H. Purcell, General Partner Lagoon View Investment Co., a California general partnership, General Partner By: ;,G#ne$l Partner _ Fred A. Bartman, Jr.,; General Partner. By: BARTFAM, a California limited partnership, Genera.1 Partner . Fred A. Bartman, Jr.,;. 914 General Partner -2- , -. h . . . STATE OF CALIFORNIA 1 )ss: COUNTY OF ORANGE 1 On the 10 day of 1989, before me, the undersigned, a Notary Public, in an ;or 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 II, 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. Notarp Public in and-for said County and State STATE OF CALIFORNIA 1 )ss: COUNTY OF LOS ANGELES ) On the ,C;CV\day of undersigned, fdhnd io;9~;i;;;~:; me, the a Notary Public, in personally appeared HARRY J. L. FRANK, JR., known t; 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 II, the said partnership being known to me to be a General Partner of Hughes North County Associates II, 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 tY COMM. EXP. APR. 23.1993 I mlwkm)ItiLEL-rL Notary Public in and for said County and State -3- - STATE OF CALIFORNIA ;ss: COUNTY OF LOS ANGELES ) On the !c\" day of .;;i.L(clr 1989, before me, the undersigned, a Notary Public, d inJand ;or 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 II, the said partnership being known to me to be a General Partner of Hughes North County Associates II, 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 OF’IClr’L SEAL my hand and official seal. ‘--777&LL&.,)-u ’ q;&.& b -.- Notary Public in and for said County and State STATE OF CALIFORNIA ;ss: COUNTY OF LOS ANGELES ) On the &day of undersigned, <<L&k ani ;;;9Lat;f;E;tte, the a Notary Public, personally appeared FRED A. BARTMAN, JR. known to rn; 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 II, the said partnership being known to me to be a General Partner of Hughes North County Associates II, 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. !q.’ z i m&n IQ--- ~~xJ~Ln.*\ Notary Public in and for said County and State -4- . . ! EE . Civil Engineering/Planning/Surveying STUART ENGINEERING 533 F. Street, Suite 205 San Diego, California 9ZlOl (619) 544-0533 FAX (619) 236-0578 EXBIBIT A - 917 502-87-00 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 75 , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, t-%.?f~~fQ~ $ ;+d , MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF PARCEL 2 OF SAID PARCEL MAP NO. :%;il.j' t THENCE SO"25'14"W, 145.81 FEET TO THE TRUE POINT OF BEGINNING: THENCE S85O19'51"W, 173.21 FEET: THENCE S82°00'OO"W, 147.13 FEET: THENCE S64°00'OOW, 251.13 FEET: THENCE S87°00'OO"W, 102.46 FEET: THENCE S75°00'OO"W, 100.66 FEET: THENCE N90°00'00"W, 81.36 FEET: THENCE N76°00'00"W, 80.00 FEET: THENCE N90°00'00"W, 66.11 FEET: THENCE N71°00'00"W, 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 5 SOUTHEASTERLY, A RADIAL LINE !L'O SAID POINT BEARS S76°57'50"E; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF O"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 - - BXBIBIT A (Cont'd) 91s 502-87-00 July 5, 1989 Page two of two CURVE THRU A CENTRAL ANGLE OF 3O22'39" A DISTANCE OF 44.68 FEET: THENCE LEAVING SAID EASEMENT FOR PUBLIC STREET AND HIGHWAY PURPOSES S7g055'45"E, 188.96 FEET; THENCE N82°29'13"E, 229.60 FEET; THENCE N71°16'53"E, 335.96 FEET: THENCE N77O51'37"E, 330.21 FEET; THENCE SO"25'14"W, 125.81 FEET TO THE TRUE POINT OF BEGINNING. (LDOO86.1) . . - Civil Engineering/Planning/Surveying STUART ENGINEERING 533 F. Street, Suite 205 San Diego, California 92lOl (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 DTEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. is+5 , FILED IN THE OFFICE OF THE COUNTY RECORDER ziu ipr -; f 3 'J 2 - r, OF SAN DIEGO COUNTY, \ \'< ‘i/-J , MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID PARCEL 2; THENCE THENCE THENCE THENCE RADIUS SO"25'14"W, 20.00 FEET; THENCE S77O51'37"W, 330.21 FEET: S71°16'53"W, 335.96 FEET; THENCE 582O29'13"W, 229.60 FEET: N7g055'45"W, 188.96 FEET; THENCE N39°31'14"E, 102.32 FEET; S89°41'10"E, 53.16 FEET, TO THE BEGINNING OF A 71.78 FOOT CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS S50°28'01"W; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 42O19'16", A DISTANCE OF 53.02 FEET: THENCE S81°51'15"E, 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 65O57'32", A DISTANCE OF 82.85 FEET: THENCE N75°00'00"E, 161.57 FEET: THENCE N72°00'00"E, 232.53 FEET TO THE NORTH LINE OF SAID PARCEL 2: THENCE EASTERLY ALONG THE E;ORTH LINE _' OF SAID PARCEL 2 S8g044'12"E, 422.28 FEET TO THE POINT OF BEGINNING. (LDOO86) - . * 433 . Civil Engineering/Planning/Surveying STUART ENGINEERING 533 f. Street, Suite 205 San Diego, California 9nOl (619) 544-0533 FAX (619) 236-0576 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°44'12BvW, 422.28 FEET: THENCE LEAVING SAID SOUTH LINE N64°13'08"E, 102.86 FEET: THENCE N84°15'15"E, 369.82 FEET; THENCE N50°26'15"E, 397.18 FEET: THENCE S0°01g53"E, 238.90 FEET; THENCE S46°35vOO"W, 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°44'12"W, 240.14 FEET TO THE POINT OF BEGINNING. 9213 (LDO085) . - EXHIBIT B . ( SHEET 1 OF 2 ) 921 THIS LINE REPRESENTS A LINE 30’ NORTHERLY OF THE TOP Of THE NORTH BAf’lK OF TM CREEK r- -am . SEC, 31 R4W ITV OF OCEl I 8 POINT OF BEGIINNIN< OF THE SOUTH BANK OF THE CR 7 k- TRUE POINT OF SEGINNINC 3FPARCELl 8 EK 2 SCALE: 1’ : 200’ . SEE SHEET 2 OF i FOR TABULATED OATi : . STUART ENGINEERING -. EXHIBIT B (: SHEET 2 OF 2 ) 922 0 1 S OO25'14"W 0 2 S 85O19'5l"W 0 3 S 82°00'OO"W 0 4 S 64°00'OO"W 0 5 S 87°00'00nW 0 6 S 75°00'OO"W 0 7 N 90°00'OOnW 0 8 N 76°00'OO"W 0 9 N 90°00'OO"W 0 10 N 71°00'00"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' (RI 0 2 0 2 0 2 0 24 0 2 0 26 0 2 0 28 0 2 0 30 0 31 N 75°00'00nE N 72°00'00"E S 89O44'12"E N 64O13'08"E -N 84°15'15"E N 50°26'15"E S 0°01'53"E S 46°35'OO"W N 89O44'12"W S 79O55'45"E N 82°29'13"E @ A- OO18'44" R=200.00' - 1.09' @ N 71016'53"E 0 13 N 13°20'54nE 29.18' 0 33 N 77O51'37"E @A - 3O22'39" Ra758.00' -44.68' 0 34 N 0'25'14"E 0 1 N 39°31'14"E 102.32' 0 35 N 0°25'14"E 0 1 S 89°41'10"E 53.16' 0 S 50°28'01"W &A W 1 =42'19'16" R= 71.78' Lp53.02' 0 19 S 81°51'15"E 21.01' '1 @A =65O57'32" R= 71.97' -82.85' 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' . STUART ENGINEERING lurs’m’.%em5,SnDkgo,-9zwl (SW- F~mq- , 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 rULy 1 1989, from Hughes North County Associ to the Cit;o; Carlsbad, is hereby accepted effective 3 1989, by the undersigned officer or agent on betialf of th& City of Carlsbad pursuant to authority conferred by resolution of the City Council adopted on u 1 1989, and the grantee consents to recordation thdreof by'its duly authorized officer. CITY OF CARLSBAD Dated:3h 1 /??a I J BY aLa+ \ -5- L A L RECORDING REQUESTED 924 90762251 90 -4&u-l BY 1 +I# D MAIL TO: 1 I 2 TJTE y,',,-*::;, ;;;*:;"#yr;' g w()#m City of Carlsbad i ,.> -\. rs-:-. .._ -7 '2 I f .y : '; -y :_: - Ii,. G 1200 Elm Avenue Carlsbad, California 92008-1989 ) Attn: Ronald R. Ball i ._ L ( :- _. %_i_ ,i. - - _ . .YJ* : _-se.-./ (DOCUMENT ENTITLED TO FREE RECORDATION PURSUANT TO 1 GOVERNMENTCODE S ,6103) 1 N01&& / ,'.\, - .d ., GRANT OF EASEMENT WHEREAS, HUGHES NORTH COUNTY ASSOCIATES II, 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 II 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 II 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 II 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 -l- . . - . pursuant to the Benefit Assessment the easement is no longer required purpose for which it was granted. IN WITNESS WHEREOF, HUGHES NORTH COUNTY ASSOCIATES II has executed this document on this *,/ . day of 7 :, I 1989. i Act of 1982 and (2) that to serve the public HUGHES NORTH COUNTY ASSOCIATES II, a California general partnership By: HUGHES INVESTMENTS, a California general partnership, General Partner By: A- 'f-i j *-I__ -'-----, Thomas H. Purcell, General Partner By: Lagoon View Investment Co., a California general partnership, General Partner By: "!&<s;g:J-$/. /' ,..(i -A- J' ./ / .: x ' '*(,' I-- 1. By: :' 7 , </, t/ '. ..y __ OX. I Fred A. Bartman, Jr., General Partner- By: BARTFAM, a California limited partnership, General partner 1 / ,/-- ,/.’ i . 1-j’ - , , T- ,*;/_,, , By:--. -‘J;’ /KY / - /I‘. !& ‘../ .-(’ ‘- ‘- “, $ / ,,;7 z Fred A. Bartman, Jr., General Partner -2- . - h 926 . STATE OF CALIFORNIA 1 )ss: COUNTY OF ORANGE On the undersigned, a ~r:"::~~i~,:'~~~~~~~~~ me' the personally appeared THOMAS H. PURCELL, known to me io be a General Partner of Hughes Investments, and acknowledged that said partnership executed the within instrument on behalf of Hughes North County Associates II, the said partnership being known to me to be a General Partner of Hughes North County Associates II, 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. 0FFlclc.L SEAL DONNA HUHEM Notary PubliiCalifcmh ORANGE COUNTY My Comm. Exp. Mar. WITNESS my hand and official seal. Notar+ Public in and'for said County and State STATE OF CALIFORNIA ;ss: COUNTY OF LOS ANGELES ) On the ir?'\ day of 1989, before me, the undersigned, ftL&$ , 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 II, the said partnership being known to me to be a General Partner of Hughes North County Associates II, 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. c”v3Imcc n-r- kt Y;r1h.a 4--- Notary Public in and for said County and State -3- A STATE OF CALIFORNIA 1 h 927 )ss: COUNTY OF LOS ANGELES ) On the ]c* day of undersigned, '&;~,a,, io;9~W~;;;~~ me, the a Notary Public, 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 II, the said partnership being known to me to be a General Partner of Hughes North County Associates II, 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. L.-.' h, LCd rYi , /GY-r-LJt iv- Notary'Public in and for said County and State STATE OF CALIFORNIA ;ss: COUNTY OF LOS ANGELES ) On the flday of undersigned, ?G% anA ;~~%a;;f;;-t~eI the a Notary Public, i personally appeared FRED A. BARTMAN, JR. known to rn; 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 II, the said partnership being known to me to be a General Partner of Hughes North County Associates II, 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. WNLui- /4j77ukc4c- Notary Public in and for said County and State -4- - Civil Engineering/Planning/Surveying STUART ENGINEERING 533 F. Street, Suite 205 San Diego, California 92lOl (619) 544-0533 FAX (619) 236-0578 $XEIBIT A 92s 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 \c,-'= . 2' 2 , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, r&-,q , ,1 , I jr?:: , MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF PARCEL 2 OF SAID PARCEL MAP NO. , y-?z ; THENCE SO"25'14"W, 145.81 FEET TO THE TRUE POINT OF BEGINNING: THENCE S85°19'5111W, 173.21 FEET; THENCE S82°00'OO"W, 147.13 FEET: THENCE S64*OO'OOW, 251.13 FEET: THENCE S87'00'00nW, 102.46 FEET: THENCE S75°00'OO"W, 100.66 FEET; THENCE N90°00'00"W, 81.36 FEET: THENCE N76°00'00"W, 80.00 FEET; THENCE N90°00'00"W, 66.11 FEET: THENCE N71°00'00"W, 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 J SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS S76°57'50"E; 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 '- CONCAVE SOUTHEASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID - 929 EXHIBIT A (Contld) 502-87-00 July 5, 1989 Page two of two CURVE THRU A CENTRAL ANGLE OF 3*22'39" A DISTANCE OF 44.68 FEET: THENCE LEAVING SAID EASEMENT FOR PUBLIC STREET AND HIGHWAY PURPOSES S7g055'45"E, 188.96 FEET; THENCE N82O29'13"E, 229.60 FEET: THENCE N71°16'53"E, 335.96 FEET: THENCE N77O51'37"E, 330.21 FEET; THENCE SO"25'14"W, 125.81 FEET TO THE TRUE POINT OF BEGINNING. (LDOO86.1) - I J+ . Civil Engineering/Planning/Surveying STUART ENGINEERING 533 F. Street, Suite 205 San Diego, California 92101 (619) 544-0533 FAX (619) 236-0576 93G 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. i% is , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, i?i?T,c-fi .>, .q'!.' , MORE PARTICULARLY , DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID PARCEL 2; THENCE SO"25'14"W, 20.00 FEET; THENCE S77051t37"W, 330.21 FEET: THENCE S71°16'53"W, 335.96 FEET: THENCE S82O29"13"W, 229.60 FEET: THENCE N79°55'451gW, 188.96 FEET: THENCE N39°31'141vE, 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°28'01"W; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 42O19'16", A DISTANCE OF 53.02 FEET; THENCE S81*51'15"E, 21.01 FEET TO THE BEGINNING OF A TANGENT 71.97 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHEASTERLY AND NORdHEASTERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 65*57'32", A DISTANCE OF 82.85 FEET: THENCE N75°00'00"E, 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) h 931 Civil Engineering/Planning/Surveying STUART ENGINEERING 533 F. Street, Suite 205 San Diego, California 92101 (619) 544-0533 FAX (619) 236-0576 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°13'08"E, 102.86 FEET: THENCE N84*15'15"E, 369.82 FEET: THENCE N50°26'15"E, 397.18 FEET; THENCE S0°01153f'E, 238.90 FEET: THENCE S46°35'OO"W, 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°44'12t'W, 240.14 FEET TO THE POINT OF BEGINNING. ‘.I (LDO085) c EXHIBIT B ( SHEET 1 OF 2 ) 932 THIS LINE REPRESENTS A LINE 30’ NORTHERLY OF THE TOP OF THE NORTH BANK OF TM -EEK . <- =.w N l/2 CITY OF OCEANSI” ’ I --- PARcEL3W - - 7 r STUART ENGINEERING 333FStlWSlihaD5.SmDkgO,GlikUh92lOl (619jSM-0633 FAx(619)m vr BEOIN NINC 7 L TRUE POINT OF BEGINNIN( OFPARCEL bnnL3 SCASE: 1’ : 200’ SEE SHEET 2 OF 2 FOR TABULATED OAT/ 0 1 S 0*25'14"W 145.81' 0 2 S 85*19'51"W 173.21' 0 3 S 82*00'00"W 147.13' 0 4 S 64*00'00"W 251.13' 0 5 S 87*00'00"W 102.46' 0 6 S 75*00'00"W 100.66' 0 7 N 90*00'00"W 81.36' 0 8 N 76*00'00"W 80.00' 0 9 N 90*00'00"W 66.11' 0 10 N 71*00'00"W 109.63' 0 1 S 76*57'50"E (RI @ A= 0*18'44" R=200.00' L= 1.09' 0 13 N 13°20'54f'E 29.18' @A= 3*22'39" R=758.00' L-44.68' >- -? EXHIBIT B ( SHEET 2 OF 2 1 0 1 N 39*31'14"E 102.32' Q 1 S 89*41'10"E 53.16' S 50*28'01"W (RI =42*19'16" R= 71.78' -53.02' 0 19 S 81°51'15"E 21.01' '3 0 20 &65*57'32" R== 71.97' -82.85' 0 2 0 2 0 2 0 24 0 2 0 26 0 28 0 29 0 30 N 75*00'00"E 161.57' N 72*00'00"E 232.53' S 89*44'12"E 422.28' N 64*13'08"E 102.86' -N 84°15'15'fE 369.82' N 50°26'15"E 397.18' S 0°01'53"E 238.90' S 46*35'OO"W 143.87' N 89'44'12"W 240.14' S 79*55'45"E 188.96' 229.60' 335.96' 330.21' 125.81' 20.00' 0 31 N 82°29'13ffE 0 32 N 71*16'53"E 0 33 N 77*51'37"E 0 34 N 0*25'14"E 0 35 N 0*25'14"E 933 I STUART ENCINEERfNG 533Fslrm,suite20!3,sanDiago,Glifomiam01 Pm- F~(61923wsa CERTIFICATE h 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 ThLy 1 1989, from Hughes North County Associates II to the CTty'of Carlsbad, is hereby accepted effective a*xLual- 2 1989, by the undersigned officer or agent on befialf of th; City of Carlsbad pursuant to authority conferred by resolution of the City Council adopted on &,-&- 1 1989, and the grantee consents to recordation thkeof by'its duly authorized officer. CITY OF CARLSBAD 934 Dated: c3\d j /g9, By &zz& ;(. I ' -5-