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Home My WebLink AboutReso 1987-13328A RESOLUTION NO. 13328A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING, DEDICATING AND NAMING CERTAIN REAL PROPERTY IN SAID CITY FOR STREET AND HIGHWAY PURPOSES LOCATED ON FIFTH AVENUE The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain grant of real property, made by Grant of Easement , executed by Eucalyptus Meadows~ a Calilornla Partnership dated the 30th day of July , 198.7 , a copy of which is attached hereto and by reference made a part hereof, the same as though fully set forth herein be, and the same is hereby ~ccepted and dedicated to the public use for street and highway Tposes by the City of Chula Vista. BE IT FURTHER RESOLVED that said real property is hereby officially named Fifth Avenue BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be,.and she is hereby authorized to record said grant deed in the office of the San Diego County Recorder. Presented by Approved as to form by Public Works City Attorney Form 314 Rev. 6/82 00 9Z3 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ChULA VISTA, CALIFORNIA, this 17th day of November 87 19 __, by the following vote, to-wit: AYES: Councilmembers Malcolm, McCandliss, Moore, Nader NAYES: Councilmembers None ABSTAIN: Councilmembers None ABSENT: Counci 1 members cox Mayor PRO TEMPORE OF THE CITY OF CHULA VISTA S,,., E OF CALIFORNIA ) COUNTY OF SAN DIEGO ) as. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, Colifornio, DO HEREBY CERTIFY that the above and foregoing is o full, true ond correct copy of RESOLUTTON NO, 13328A ,and that the same hos not been omended or repealed / city Cleft d ' C:rlY OF C:HUIA VI i'A CC-660 WHEN RECORDED~ PLEASE MAEL ~HIS ~INSTRUMENT TO: 81 G5032 City of ChUla Vista P ~O. Box 1087 C'~a Vista, CA 92012 NO T~SFER TAX DUE Assessor's Parcel /aseiiie.[ for S[ree Purposes EUCALYPTUS ~ADOWS, n Cn] db(e's) hereby-grant, convey and dedicate to the CITY 'OF CHULA VISTA, State of California, the .right of way and incidents thereto for a public street' upon'; 'over and across that certain real property 'in the City of Chula Vista, County of San Diego, State of California, described as follows: A portion of the follawing described Tract of land: ,11 of Lot l0 in Quarter Section 145 of Chula Vista, in R~ncho de la Nacion, in ~he County of San Diego, State of Callfornia~ eccordi~ m Map thereof No. 505, filed in the Office of the County Recorder of San Diego County. Hatch 13, 1938. Exceptin~ therefrom the Northerly |65.00 feet of said Lot, a~4 also excepting therefree [he Southerly |~0.00 feet of the Easterly |50.00 feet of Eaeterly 150.00 feet of said Lot 10o THE EASTERLY 2.00 FEET. (SAID EASTERLY 2.00 FEET PRODUCES A STRIP OF LAND 2.00 FEET WIDE AND APPROXIMATELY I5.65 FEET IN LENGTH NORTH AND SOUTH.) , (THE WESTERLy LINE OF SAID STRIP OF LAND BECOMES THE WESTERLY RIGHT OF WAY LINE OF FIFTH AVI~NUE, AND IS A LINE PARALLEL TO AND 42.00 FEET DISTANT FROM THE CENTER LINE OF SAID FIFTH AVENUE.) SUBORDINATION AGREEMENT · WHEREAS, the owner of that certain property hereinafter described has granted to the City of Chula Vista, a municipal corporation, in the County of San Diego, state of california, the permanent easements for street and drainage pur- poses. (see attached copies) {LEGAL DESCRIPTION OF PROPERTY IS ATTACHED) AND WHEREAS, Donald R. Dombrow is hereinafter known as the BENEFICIARY; and Commonwealth Land Title is hereinafter known as the TRUSTEE as of the date of this instrument under that certain deed of trust executed by Eucalyptus Meadows, A Calif. General Partnership to secure (a) note{s) for $300,000.00 (Three hundred thousand and no/lO0) with interest dated 11/12/85 and recorded 11/12/85 in Official Records of the San Diego County Recorder, covering the property herelnabove described, as Instrument No. 85-424596 AND WHEREAS, the BENEFICIARY affirms that he is the owner and holder of the hereinabove described trust deed note, and is hereby direct and authorize said TRUSTEE to join in the execution of this instrument. NOW, THEREFORE, for and in consideration of the benefits to accrue to the above described land by acceptance of said easement by said City of Chula Vista, the undersigned expressly subordinates all right, title and interest in and to that portion of said premises herein described, covered by said deed of trust, to the interest of said City of Chula Vista in said easement with the intent that said easement shall be prior and superior to the lien of the deed of trust hereinabove described. IN WITNESS WHEREOF, the BENEFICIARY and the TRUSTEE have caused this instrument to be executed this 30th day of July , 19 87. !~ AS TRUSTEE: AS BENEFICIARY: PARCEL 1: All of Lot 10 in Quarter Section 145 of Chula Vista, in Baacho de la Nacion, in the Co~mty of Sm Diego, State of California. according w Map thereof No. 505, filed in the Office of the County Recorder of San Diego Co~mty, March 13, 1938. Excepting therefrom the Northerly 165.00 feet of said Lot, and also excepting therefrom tb~ Southerly 150.00 feet of th~- Easterly 150.00 feet of the Easterly 150.OO feet of said Lot i0. PARCEL 2: The Southerly 33.00 feet of the Northerly 165.00 feet of the Westerly feet of Lot 10 in Quarter Sectin 145 of Chula Vista in Rancho de la Nacion, in the County of San Diego, State of California, according to Map thereof ,No. 505, fll~ in the Office of Cotnty Recorder of SAn Diego Cottory, Mamzh 13, 1938. SUBORDINATION AGREEMENT ~HEREAS, the owner of that certain property hereinafter described has granted to the City of Chula Vista, a municipal corporation, in the County of San Diego, State of California, the permanent easements for street and drainage pur- poses, {see attached copies) (LEGAL DESCRIPTION OF PROPERTY IS ATTACHED) AND WHEREAS, Great American First Savings Bank is hereinafter known as the BENEFICIARY; and California General Mortgage Inc. is hereinafter known as the TRUSTEE as of the date of this instrument under to secure (a) note(s) for $1,900,000.00 (One million nine o n with interest dated 4/22/86 and recorded 4/22/86 in Official Records of the San Diego County Recorder. covering the property hereinabove described, as Instrument No. ~tD WHEREAS, the BENEFICIARY affirms that they are the owner and holder of the hereinabove described trust deed note, and are hereby direct and authorize said TRUSTEE to join in the execution of this instrument. uOt~, THEREFORE, for and in consideration of the benefits to accrue to the ~ove described land by acceptance of said easement by said City of Chula vista, the undersigned expressly subordinates all right, title and interest in and to that portion of said premises herein described, covered by said deed of trust, to the interest of said City of Chula Vista in said easement with the intent that said easement shall be prior and superior to the lien of the deed of trust hereinabove described. IN WITNESS WHEREOF, the BENEFICIARY and the TRUSTEE have caused this instrument to be executed this 30TH day of JULY , 19 87 AS TRUSTEE: AS BENEFICIARY: CALIFORNIA GENERAL MORTGAGE INC. ~ ? CHARLES ~> DANIEL,ASSISTANT VICE DE~ISE RUX~t~,'~ASSTSTANT VICE PRESI PRESIDENT WPC 2435E PARCEL 1: ~j1 of Lot 10 t~ Qt~rter Sectlon 145 of ChLda Vista, in P~c~ de la Nscion, Ln the C~tmty of S~I Diego, State of California, acco~d irlg W Map theri~Df No. 505, filed in the Office of the County Recorder of San Diego Cottory, March 13, 1938. Excepting therefrom the Northerly 165.00 feet of said Lot, and also excepting therefrom th~ Southerly 150.00 feet of the Easterly 150.00 feet of the Easterl7 150.00 feet of said bE 10. PARCEL 2: The Southerly 33.00 feet of the Northerly 165.00 feet of the Westerly 307.00 feet of Lot 10 in Quarter Sectin 145 of Chula Vista in Rancho de la Nation, in the Comity of San Diego, State of California, according to Map thereof No. 505, filed in ~he Office of County Recorder of SAn Diego County, March 13, 1 938. LEGAL PARCEL 1: All of Lot 10 in Quarter Section 145 of Chula Vis:a, in Rancho de la Nacion, in the County of Sa~ Diego, State of Ca_lifovnia, accordir~ w Map thereof No. 505, filed in the Office of the County Recorder of San Diego Co~mty, ~arch 13, 1938. Excepting therefrom the Northerly 165.00 feet of said Lot, and also ~xcep~ing therefrcrn t~ Southerly 150.00 f~t of ~ Easterly 150.00 feet of the Easterly 150.~ feet of saij I~t I0. PARCEL 2: The Southerly 33.~ feet of the Northfly 165.00 feet of the Westerly 307.00 feet of I~t 10 in Qusxter S~j~n 145 of Chula Vistas ~ Rancho de la Macion, in th~ Co~nlty of San Diego, State of California, according to Map ~her~f .~. 505, flld in th~ Office of County Recorder of SAn Diego Co~q~y, M~rch 13, I 938°