HomeMy WebLinkAbout; ; 1992-0055472; EasementWHEN RECORDED, PLEASE
THIS INSTRUMENT TO:
CITY CLERK
CITY OF CARLSBAD
1200 Carlsbad Village Drive
CARLSBAD, CA 92008
RECORDING REQUESTED BY
ENGINEERING DEPARTMENT
SAN DIEGO (?wmY RECORDER'S OFFICE
ANNETTE EUANS, COUNTY RECORDER
DOC «: 1992-0055472
02:42 PR 31-JAN-1992
TOTAL TENDERED: $0.00
SPACE ABOVE FOR RECORDER'S USE ONLY
NO TRANSFER TAX DUE
RIGHT OF ENTRY PERMIT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
ALLSTAR INNS OPERATING L.P., A DELAWARE LIMITED PARTNERSHIP
hereby GRANTS to
THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION,
its employees, agents and contractors the right to enter upon the hereinafter described real property for the
purpose of operating constuction equipment and vehicles; for the temporary storage of building materials and
equipment necessary for the reconstruction of the ON-RAMP for SOUTH- BOUND 1-5 and any and all
appurtenances thereto, over, under, along and across the hcrcnaftcr described property, together with the right
to assign this permit to other public agencies.
The real property referred to hcreinabovc and made subject to said right of entry permit by this grant is
situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly described
in the attached EXHIBITS "A-l" & "A-2" and as shown on the attached EXHIBITS "B-l" & "B-2":
The term of this permit shall commence on the date that this permit is recorded and shall terminate twenty-four (24)
months thereafter. In consideration of the City of Carlsbad waiving the defects and imperfections in all matters of
record title, the undersigned grantor covenants and agrees to indemnify and hold the City of Carlasbad and its
successor or assigns in interest harmless from any and all calims that orther parties may make or assert on the tile to
the premises. The grantor's obligation herein to indemnify the City shall not exceed $15,000 which is the amount paid
to the grantor under this permit.
The City of Carlsbad agrees that it shall be responsible for the restoration of the premises to the condition existing
prior to entry, as nearly as possible. If the existing landscaping and the related irrigation system is damaged, It will be
replaced in-kind. Any damage to the existing concrete block wall will be repaired in a manner comparable to its
existing condition.
(MacFARLANE & ASSOCIATES)(ROEPALLS)
O '-Ntor of this RIGHT OF ENTRY PERMIT s^f not be held liable for any
damage to equipment or injury to personnel of said Grantee, its agent(s), contractor(s), or employees resulting from
the City's use of said RIGHT OF ENTRY PERMIT.
This RIGHT OF ENTRY PERMIT shall remain in force and be binding upon the undersigned and its successors or
assigns for the period of time described above. Any time after the twenty-four (24) month term, the CITY OF
CARLSBAD or its successor in interest shall quitclaim all of its rights and interest in this permit upon receiving a
written request from the GRANTOR or its successor and assigns.
This permit was executed this 31st day of December 1991
,-> n
ALLSTAR INNS OPERATING L.P., A DELAWARE LIMITED PARTNERSHIP
By ALLSTAR INNS G.P\, / INC., A DELAWARE £QRPORATION, ITS GENERAL PARTNER
BY: /
Edward J. GaXI&efher
President
BY:
Edward A. Paul
Assistant Secretary
(ATTACH NOTARY JURAT)
THIS IS TO CERTIFY that the terms and conditions and limited interest in real property granted by this instrument to
the CITY OF CARLSBAD, a Municipal corporation, is hereby accepted on behalf of the City Council of said City of
Carlsbad pursuant to authority conferred by Resolution No. , adopted on
, 1991.
DATED:
BY:
CLAUDE A. LEWIS
MAYOR, CITY OF CARLSBAD
(MacFARLANE & ASSOCIATES) (ROEPALLS)
It is understood and agreed that thli^antor of this RIGHT OF ENTRY PERMITX^III not be held liable for any
damage to equipment or injury to personnel of said Grantee, its agent(s), contractor(s), or employees resulting from
the City's use of said RIGHT OF ENTRY PERMIT.
This RIGHT OF ENTRY PERMIT shall remain in force and be binding upon the undersigned and its successors or
assigns for the period of time described above. Any time after the twenty-four (24) month term, the CITY OF
CARLSBAD or its successor in interest shall quitclaim all of its rights and interest in this permit upon receiving a
written request from the GRANTOR or its successor and assigns.
This permit was executed this 31st day of_December 1991
ALL-PURPOSE ACKNOWLEDGMENT NO 209
f
( State of CaliforniaJ
( Countvof Santa Barbara
/i
{ On December 31, 1991 before me Donna L. Quaglia, Notary Public
( DATE NAME, TITLE OF OFFICER • E.G.. 'JANE OOE, NOTARY PUBLIC'
(
( personally appeared Edward J. Gallagher and Edward A. Paul
1 NAME(S) OF SIGNER(S)
| J3 personally known to me - OR - D proved to me on the basis of satisfactory evidence
*i \ ^^^\ OFF|CIAL NOTARY SEAL
{ 1/f^M?! DONNA L.QUAOLIA
f ffe? 3*Hj Notary **«<>- CXfcmta
! 1 V5M^7 SANTA BARBARA COUNTY
' • ^^6^ *fr Comw. Expire DEC 01.1905
t11111i1III1Ij
t ATTENTION NOTARY: Although the informal
>. THIS CERTIFICATE Tit
t MUST BE ATTACHED .
'/ TO THE DOCUMENT NlJ
'/ DESCRIBED AT RIGHT: S C
•SSSSSSSSSSSSSSSSSSSSSSSSSSSSSS
iu uc 11 10 pciauii\:>/ wnuoc 1 101 1 ic^o./ na/ai o
[ subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in htayhef/their authorized
capacity(ies), and that by -Ws/tw/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s)
acted, executed the instrument.
Witness my hand and official seal.
/^fW^./f^^^C,
SIGNATURE OF N9l^RY //
5SSSSSSSSSSSSSSSSSSSSSSSSSSS
CAPACITY CLAIMED BY SIGNER
D 'NDIVIDUAL(Skllstar Inns I
[^CORPORATE Operating L.P.
OFFICER(S) EJG = President^
TITLE(S)
Q PARTNER(S) EAP = Assistant
D ATTORNEY-IN-FACT Secretary
D TRUSTEE(S)
D SUBSCRIBING WITNESS
Q GUARDIAN/CONSERVATOR
Cl OTHER:
SIGNER IS REPRESENTING:
NAME OF PEHSON(S) OR ENTITY(IES)
Allstar Inns G.P.f Inc.
an requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document.
e or Type of Document Right of Entry Permit (City of Carlsbad) !
mberof Paaesx, Rx-Rd-?") Date of Document 12/31/91
iner(s) Other Than Named Above none
iSSSSSS»a>saiaisa>SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSg001O 1991 NATIONAL NOTARY ASSOCIATION • 8236 Remmel Ava. • P.O. Box 7184 • Canoga Park, CA 91304-7184
DATED:
BY:
CLAUDE A. LEWIS
MAYOR, CITY OF CARLSBAD
(MacFARLANE & ASSOCIATES)(ROEPALLS)
It is understood and agreed that thi^antor of this RIGHT OF ENTRY PERMIT^^II not be held liable for any
damage to equipment or injury to personnel of said Grantee, its agent(s), contractor(s), or employees resulting from
the City's use of said RIGHT OF ENTRY PERMIT.
This RIGHT OF ENTRY PERMIT shall remain in force and be binding upon the undersigned and its successors or
assigns for the period of time described above. Any time after the twenty-four (24) month term, the CITY OF
CARLSBAD or its successor in interest shall quitclaim all of its rights and interest in this permit upon receiving a
written request from the GRANTOR or its successor and assigns.
This permit was executed this 31st day of_December 1991
ALLSTAR INNS OPERATING L.P., A DELAWARE LIMITED PARTNERSHIP
INNS G.PV / INC., A DELAWARE CORPORATION, ITS GENERAL PARTNER
Edward J.
President
BY:
Edward A. Paul
Assistant Secretary
(ATTACH NOTARY JURAT)
THIS IS TO CERTIFY that the terms and conditions and limited interest in real property granted by this instrument to
the CITY OF CARLSBAD, a Municipal corporation, is hereby accepted on behalf of the City Council of said City of
Carlsbad pursuant to authority conferred by Resolution No. 91-396 , adopted on
December 10 , 1991.
DATED: January 28, 1992
CLAUDE A. LEWIS
MAYOR, CITY OF CARLSBAD
(MacFARLANE & ASSOCIATES)(ROEPALLS)
*•• i—.'.Exhibit A
The City of Carlsbad
l-5/Palomar Airport Road Interchange Widening
Boyle Engineering Corporation
Legal Description for Temporary Construction Easement No. 3
A strip of land, 6.00 feet of even width, being a portion Parcel 2 of Parcel Map No. 6022, being a
portion of Lot H of Rancho Agua Hedionda, according to the map thereof No. 823 situated in
the City of Carlsbad, County of San Diego, State of California as filed in the office of the County
Recorder of said county. The westerly line of said strip of land being more particularly
described as follows:
BEGINNING at the most southerly corner of said Parcel 2;
Thence North 26°52'59" West (North 26'52'59" West as shown on Caltrans Right-of-Way Map
Lo. 3771) 142.00 feet along the westerly line of said parcel;
Thence North 13'56'29" West 223.22 feet along the westerly line of said parcel to the most
northerly corner of said Parcel 2 and the POINT OF TERMINUS.
The easterly line of said strip shall lengthen or shorten as to begin on the southeasterly line of
said parcel and extend to the northerly line of said parcel containing 2149 square feet more or
less.
This easement is temporary and will expire on December 31,1993 or at the end of construction,
whichever comes first.
Exhibit A
The City of Carlsbad
l-5/Palornar Airport Road Interchange Widening
Boyle Engineering Corporation
Legal Description for Temporary Construction Easement No. 4
That portion of Parcel 3 of Parcel Map No. 6022, being a portion of Lot H of Rancho Agua
Hedionda, according to the map thereof No. 823 situated in the City of Carlsbad, County of San
Diego, State of California as filed in the office of the County Recorder of said county, more
particularly described as follows:
A strip of land, 6.00 feet of even width, lying Northeasterly of the Southwesterly line of said
Parcel 3. The Southwesterly line of said strip shall immediately adjoin the Southwesterly line of
said Parcel 3.
The sidelines of said strip shall lengthen or shorten as to terminate on the Northwesterly line of
said Parcel 3 and on the Southeasterly line of said Parcel 3 containing 1,149 square feet more
or less.
This easement is temporary and will expire on December 31, 1993 or at the end of construction,
whichever comes first.
SD-C17-200-58
Exhibit B
PARCEL 1
P.M. 6022
N89'04'30 E
CONSTRUCTION
EASEMENT
AREA = 2,149 SQ FT ±
PARCEL 2 OF PARCEL MAP NO. 6022,
IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA
LEGEND
1 IP. W/DISC MARKED
DIVISION OF HIGHWAYS
O 3/4 I.P. W/DISC MARKED
U.S. 3189
TEMPORARY CONSTRUCTION
EASEMENT
CALTRANS ACCESS CONTROL
NOTE 1: ACCESS RELINQUISHED PER DEED
RECORDED MAY 31, 1966 AS FILE
NO. 89678 OR AS SHOWN ON PM 6022
ALONG WESTERLY LINES OF PARCEL 2.
BEARINGS, DISTANCES. AND CURVE DATA
PER PM 6022 OR CALCULATED THEREFROM
POINT OF
BEGINNING10 20 3040 50
NO ACCESS
SEE NOTE 1
SCALE: 1"=50'
CITY OF CARLSBAD
PALOMAR AIRPORT ROAD
LANDS AND RIGHTS OF WAY
A.P.N. 211-040-27
5/6/91 SCALE: 1"=50'
PROJECT
PARCEL NO.
PROJECT NO. SD-C17-200-58
Exhibits
PARCEL 3 OF PARCEL MAP NO. 6022,
IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA
P.M. 4279
PARCEL 3 PM NO. 6022,
AREA = 1,149 SQ FT±
CONSTRUCTION
EASEMENT 10' GENERAL UTILITY AND ACCESS
EASEMENT REC. 10-25-74 AS
FILE/PAGE 74-284932 O.R.
10' SEWER EASEMENT
REC. 7-14-64 AS
FILE/PAGE 64-126860
SEE NOTE 1
101 GENERAL UTILITY EASEMENT
REC. 10-25-74 FILE/PAGE
74-284933 O.R.
LEGEND
l<i. 3i./9£ / /
SCALE: 1"=50'
0 10 20 30 40 50
TEMPORARY CONSTRUCTION
EASEMENT
ACCESS RELINQUISHED PER DEED
RECORDED MAY 31, 1966 AS FILE/PAGE
66-89678 OR IN SAID COUNTY ALONG
THE SOUTHWESTERLY LINE OF PARCEL 3
OF PM 6022.
NOTE 2: ALL BEARINGS, DISTANCES, CURVE DATA.
AND ADDITIONAL INFORMATION SHOWN PER
PM 6022 OR CALCULATED THEREFROM.
CARLSBAD
PALOMAR AIRPORT ROAD
LANDS AND RIGHTS OF WAY
A.P.N. 211-040-27
5/24/91 ] SCALE: 1"=*50'
PROJECT
PARCEL NO.4
PROJECT NO. SD-C17-200-5i