HomeMy WebLinkAboutReso 1987-13333 87 658208
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UNT y i ~e~DDEi?[;O
i%ESOLUTTON NO. 13333
RgSOT,UTTON OF THE CTTY COUNC'rT, OF THe. C]:T~ O~ CHUT,A
VISTA ACCg~TTNG, DgDTCATTNG 2~k~D ~M'r~G C'P..RTAT~ RgkL
PROPP..RT~ TN SATD CTTY FOR STI~RT 2~D H'rGHWAY PUic~OSgS
T.OCAT .D SAST "," STRg .T NO FIEE
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 E1 Rancho De~ Rey
Partnership
dated the 10th day of November , 19 87 , 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
a~cepted and dedicated to the public use for street and highway
'poses by the City of Chula Vista.
BE IT FURTHER RESOLVED that said real property is hereby
officially named EAST "H" STREET
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula Vista be, andshe is hereby authorized to record said grant
deed in the office of the San Diego County Recorder.
Presented by Approved as to form by
Joh P. Lippit~~ of D. R~chard Rudolf, A~s'stant
Pu c Works City Attorney
Form 314
Rev. 6/82
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CMuLA VISTA, CALIFORNIA, this 17th ddy Of November
19 87 , by the following vote, to-wit:
AYES: Councilmembers Malcolm, McCandliss, Moore, Nader
NAYES: Counci 1 members None
ABSTAIN: Councilmembers None
ABSENT: Councilmembers cox
Mayor PRO TEMPORE OF THE CITY OF CHULA VISTA
ATTEs
C/ City Cl~rk
S'h., E OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK Of the City of Chula Vista, California,
DO HEREBY CERTIFY thor the obove and foregoing is a full, true ond correct copy of
RESOLUTION N0. 13333
,ond that the some has not been omended or repealed
°ATE°
Cit~,' ler'
CI'W OF
CHULA VISI'A
CC-660
.,. WU N RECORDED, _ LEASE'
"' T~{~S INSTRUMENT TO:
,City Clerk
C~V of Chula Vista
Chula Vista, Ca. 92012
NO T~NSFER TAX DUE
SPACE ABOVE FOR RECORDER'S USE ONLY
ASsessor ' s Parcel
NO.
EASEMENT FOR STREET PURPOSES
E1 Rancho Del Rey Partnership, a General Partnership,
do (es) 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:
Being a portion Quarter Sections 36, 43, 62, 69 and 70 of Rancho
De La Nacion, in the City of Chula Vista, County of San Diego,
State of California, according to Map thereof No. 166 filed in
the Office of the County Recorder of said County, said portion
more particularly described as follows:
Beginning at the most Southerly corner of Parcel 2 of Parcel Map
No. 12837 on file in the Office of the Recorder of said County,
said point also being on the Northerly right-of-way of East "H"
Street; thence North 72011'27" East 37.28 feet along the East-
West centerline of said Quarter Section 70 to a point on a
nontangent 1952.50 foot radius curve concave Southwesterly, a
radial line to said point bears North 14°11'33" East; thence
Southeasterly along the arc of said curve through a central angle
of 04031'26" a distance of 154.16 feet; thence South 71°17'01"
East 18.32 feet to the beginning of a tangent 2072.50 foot radius
curve concave Southwesterly; thence Southeasterly along the arc
of said curve through a central angle of 06°41'49'' a distance of
242.24 feet to the beginning of a compound 455.00 foot radius
curve concave Southwesterly, a radial line to said point bears
North 25~24'48" East; thence Southeasterly along the arc of said
compound curve through a central angle of 03°46'51" a distance of
30.03 feet; thence South 60°48'21" East 522.76 feet to the
beginning of a tangent 1445.00 foot radius curve concave
Northeasterly; thence Southeasterly along the arc of said curve
through a central angle of 00050'25" a distance of 21.19 feet;
thence South 61°38'46" East 160.89 feet to the beginning of a
tangent 1937.50 foot radius curve concave Northeasterly; thence
Southeasterly along the arc of said curve through a central angle
of 08°31'59" a distance of 288.55 feet to the beginning of a
compound 1487.50 foot radius curve concave Northeasterly, a
radial line to said point bears South 19°49'15" West; thence
Southeasterly along the arc of said compound curve through a
central angle of 12°06'05" a distance of 314.17 feet; thence
South 82°16'50'' East 1010.23 feet to the beginning of a tangent
1927.50 foot radius curve concave Northeasterly; thence
Southeasterly along the arc of said curve through a central angle
of 00°15'14" a distance of 8.54 feet to the beginning of a
compound 3105.89 foot radius curve concave Northwesterly, a
radial line to said point bears South 07°27'56'' West; thence
Southeasterly along the arc of said compound curve through a
central angle of 07°28'11'' a distance of 404.92 feet; thence
North 89°59'45" East 1465.04 feet to the beginning of a tangent
5937.50 foot radius curve concave Northwesterly; thence
Northeasterly along the arc of said curve through a central angle
of 24~03'04'' a distance of 2492.39 feet to the beginning of a
compound 1445.00 foot radius curve concave Northwesterly, a
radial line to said point bears South 24°03'19" East;
thence Northeasterly along the arc of said compound curve through
a central angle of 03°06'04" a distance of 78.21 feet; thence
North 62050'37" East 449.17 feet to the beginning of a tangent
1500.00 foot radius curve concave Southeasterly; thence
Northeasterly along the arc of said curve through a central angle
of 00°45'59'' a distance of 20.06 feet; thence North 63°36'36''
East 921.40 feet to the beginnihg of a tangent 2585.50 foot
radius curve concave Northwesterly; thence Northeasterly along
the arc of said curve through a central angle of 02°02'54" a
distance of 92.43 feet to the Easterly line of the Southwest
Quarter of the Northwest Quarter of said Quarter Section 36, as
shown on Parcel Map No. 3395 as filed in the Office of said
County Recorder; thence along said Easterly line South 17°50'35"
East (South 17°51'01'' East, Parcel Map No. 3395) 67.29 feet to
the Northeast corner of said Parcel Map No. 3395, said point also
being of the arc of a nontangent 4000.00 foot radius curve
concave Northwesterly, a radial line to said point bears South
29o55'26" East (South 29°55'06'' East Parcel Map No. 3395); thence
Southwesterly along the Northerly boundary of said Parcel Map No.
3395 and arc of said curve through a central angle of 03~32'02" a
distance of 246.71 feet, (03°31'57" 246.62 Parcel Map No. 3395);
thence South 63°36'36'' West 421.26 feet, to the Northwest corner
of said Parcel Map No. 3395; thence along the Westerly boundary
of Parcel Map No. 3395, South 17°50'03" East 57.64 feet, (South
17o50'03" East Parcel Map No. 3395); thence leaving said boundary
South 63036'36" West 632.94 feet to the beginning of a tangent
6057.00 foot radius curve concave Northwesterly; thence
Southwesterly along the arc of said curve through a central angle
of 15°11'53'' a distance of 1606.66 feet to the beginning of a
compound 10050.50 foot radius curve concave Northwesterly; thence
Southwesterly along the arc of said compound curve through a
central angle of 03~03'50" a distance of 537.45 feet to the
beginning of a compound 786.17 foot radius curve concave
Northwesterly, a radial line to said point bears South 08°05'07"
East; thence Southwesterly along the arc of said compound curve
1306
through a central angle of 02°11'10" a distance of 30.00 feet
to the beginning of a compound 6067.00 foot radius curve
concave Northwesterly, a radial line to said polnt bears
South 05049'42" East; thence Southwesterly along the arc o£
said compound curve through a central angle of 05°49'27" a
distance of 616.72 feet; thence South 89°59'45" West 266.82
feet to the beginning of a tangent 1500.00 foot radius curve
concave Northeasterly; thence Northwesterly along the arc of
said curve through central angle of 01°02'30" a distance of
27.27 feet; thence North 88°57'45'' West 523.28 feet to the
beginning of a tangent 1449.50 foot radius curve concave
Southeasterly; thence Northwesterly along the arc of said
curve through a central angle of 01°02'30" a distance of
26.35 feet; thence South 89o59'45" West 774.60 feet to the
beginning of a tangent 2057.00 foot radius curve concave
Northeasterly; thence Northwesterly along the arc of said
curve through a central angle of 07o43'25" a distance of
277.29 feet; thence North 82~16'50'' West 915.89 feet to the
beginning of a tangent 2057.00 foot radius curve concave
Northeasterly; thence Northwesterly along the arc of said
curve through a central angle of 20°38'04" a distance of
740.81 feet; thence North 6I°38'46" West 628.48 feet to the
beginning of a tangent 1943.00 foot radius curve concave
Southwesterly; thence Northwesterly along the arc of said
curve through a central angle of 09°38'15" a distance of
326.82 feet; thence North 71°17'01" West 18.32 feet to the
beginning of a tangent 1823.00 foot radius curve concave
Southwesterly; thence Northwesterly along the arc of said
curve through a central angle of 08°20'13" a distance of
265.26 feet to the beginning of compound 1943.00 foot radi'us
curve concave Southwesterly; thence Northwesterly along the
arc of said compound curve through a central angle of
03°13'49" a distance of 109.54 feet to a point on the East-
West centerline of Quarter Section 70; thence along said
Quarter Section line North 72~11'27" East 234.25 feet to the
Point of Beginning.
Containing 24.453 Acres
The Grantor hereby further grants to the City of Chula Vista the
privilege and-right to extend drainage structures and excavation
and embankment slopes beyond the limits of the herein described
right-of-way where required for the construction and maintenance
of said public street. RESERVING unto grantor of the above
described parcel of land, his successors or assigns, the right to
eliminate such slopes and/or drainage structures Or portions
thereof, when in the written opinion of the City Engineer of
Grantee, the necessity therefore is removed by substituting other
protection, support and/or drainage facility, provided such
substitution is first approved in writing by said City Engineer.
1307
The Grantor hereby further grants to Grantee all trees, growths
(growing or that may hereafter grow), and road building materials
within said right-of-way, including the right to take water,
together with the right to use the same in such manner and at
such locations as said Grantee may deem proper, needful or
necessary, in the construction, reconstruction, improvement or
maintenance of said public street.
This easement removes the restrictions as outlined in paragraph 3
of document 83-086901, page 758, recorded in the Office of the
County Recorder, County of San Diego, State of California on
March 18, 1983, which states:
This easement is granted only for a public street and
drainage structures of the Grantee only as described herein.
Grantee is specifically prohibited from using the easement
for any other purpose or granting any rights in said
easement area to any other utility, person, corporation or
public or private entity.
As a result of this easement, the above stated restrictions no
longer exist.
The Grantor, for himself, his successors and assigns, hereby
waives any claim or any and all damages to Grantor's remaining
property contiguous to the right-of-way hereby conveyed by reason
of the location, construction, landscaping or maintenance of said
public street.
Dated: November 9, 1987 EL RANCHO DEL REY PARTNERSHIP
A CALIFORNIA GENERAL PARTNERSHIP
BY: McMUJ,IN FINANCIAL, INC.
STATE or cALiFoRNiA
COUNTY OF SAN DIECO
On this 9th day of Nov. 1987, before me, the under-
signed, a Notary Public in and for said county and state, per-
sonally appeared Steven E. McGill
personally known to me
tD-ft~-~e~t-e) to be the person who executed the within instrument
as the Senior Vice President, and
Joe W. Shielly personally known to me
(~-~~~~-~~) to be
the person who executed the within instrument as the Executive
Vice Pres. ~{{{{ of McMillin Fjnanc~a], Inc.
the corporation that executed the within instrument on behalf
of EL ~NCHO DEL REY PARTNERSHIp
the partnership that executed the within instrument, and
acknowledged to me that such corporation executed the same
as such partner and that such partnership executed the same.
WITNESS my hand and official seal.
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On this 1Nth day of November 1987, before me, the under-
signed, a Notary Public in and for said county and state, per-
sonally appeared Steven R. Penn
personally known to me (or proved to me on the basis of satisfact
ory evidence) to be the person who executed the within instrument
as the Prnjpct Manager ~F(X~X~, and
nnn~lH R, Faye personally known to me
(or proved to me on the basis of satisfactory evidence) to be
' of
the corporation that executed the ~fEh~N" i~'{FU~'~E' on behalf
of E1 Rancho Del Re.y Partnership
the partnership that executed the within instrument, and
acknowledged to me that such corporation executed the same
as such partner and that such partnership executed the same.
WITNESS my hand and official seal.
_ L ~:l~t ~""
said County and State ~ ~
~Ag~ ~he o~er of ~ha[ cer~aLn pToperCy hereLnafter descrSbed has granCed
to ~he C~ty o~ Chula V~s~a~ a munLcLpal corpora~Lon~ Ln the County of San
Diego, State of California, the permanent easement and right of way.
(LEGAL DESCRIPTION OF PROPERTY IS ATTACHED)
AND WIIERF~, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION is hereinafter known
as the BENEFICIARY; and HOME FEDERAL SAVINGS A.ND LOAN ASSOCIATION is
hereinafter known as the TRUSTEE as of the date of this instrument under that
certain Deed of Trust executed by E1Rancho Del Rey Partnership to secure a
Note for T~NTY-ONE MILLION SIX HUNDRED THOUSAND AND NO/100 DOLLARS
($21,600,000.00) with interest dated May 27, 1986 and recorded June 11, 1986
in Official Records of the San Diego County Recorder, covering the property
hereinabove described, as Instrument No. 86-232852.
AND WttERBAS, the BENEFICIARY affirms that they are the owner and holder of the
hereinabove described Trust Deed Note, and hereby direct and authorize said
TRUSTEE to join in the execution of this instrument.
NOW, TItleREFORM, 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 WII~REOF, the BENEFICIARY and the TRUSTEE have caused this instrument
to be executed this ]Oth day of Nnve.~ber , 1987.
AS TRUSTEE: AS BENEFICIARY:
HOME FEDERAL SAVINGS & LOAN HOME EEDERAL SAVINGS AND LOAN
ASSOCIATION
CAT. NO, NN00636
TO 1954CA (9--84}
(Corporation as a Partner of a Partnership)
TICOR TITLE INSURAN
STATE OF CALIFORNIA
COUNTY OF San Bieqo ss.
On November 10, 1987 before me, the undersigned, a Notary Public in and:
said State, personally appeared Steven R. Penn
personally known to me or proved to me on the basis of satisfactory evidence to be the person who execul
thewithin insrtumenrzsthe Project Manager and Dnnald P lzaye
personally known to me or proved to me on the basis of satisfaccor3' evide~
to be the person who executed the within ins;zument as the Vice-President
Homo Fodpral q~vinn~ ~ Inane
the corporation that executed tF/e within Tti~rument on
behalf of El"Rancho Det Rey Partnor~hip - .
· the partnership that executed
the within instrument, and acknowledged to me that such
corporation executed the same as such partner and that
such partnership executed the same.
WITNESS my hand and official seal. ~ ~!;' Psincipal Off/ca in Sal~ !)~f'gu c'sut,t,,
Legal Description
Traffic Control Facility Easement
East "H" Street and Paseo Del Rey
EXHIBIT
Being a portion of Quarter Sections 69 and 70 of Rancho De La
Nacion, in the'City of Chula Vista, County of San Diego, State of
California, according to map thereof No. 166 filed in the Office
of the County Recorded of said County, said portion more
particularly described as follows:
Beginning at the Northwest corner of Lot 109 of Chula Vista Tract
80-5 Unit B, Map no. 10646, filed in the Office of said County
Recorder, said point also being the beginning of a non-tangent
460.00 foot radius curve concave Easterly, a radial line to said
point bears South 74°12'35" West (South 74°18'14'' West Record);
Thence Northerly along the arc of said curve through a central
angle of 22°31'43" a distance of 180.87 feet; thence along a
r~dial line North 83°15'42" West 40.00 feet; thence North
~44'18" East 269.85 feet; thence North 07°43'10" East 72.50
~et to the TRUE POINT OF BEGINNING; thence North 82°16'50" West
66.00 feet to a point of cusp with a tangent 20.00 foot radius.
curve concave Northwesterly; thence Northeasterly along the arc
of said curve through a central angle of 90°00'00" a distance of
31.42 feet; thence North 07°43'10'' East 67.50 feet; thence South
82o16'50" East 92.00 feet; thence South 07°43'10'' West 67.50
feet; to the beginning of a tangent 20.00 foot radius curve
concave Northeasterly; thence Southeasterly along the arc of said
curve through a central angle of 90°00'00" a distance of 31.42
feet to a point of cusp; thence North 82°16'50" West 66.00 feet
to the TRUE POINT OF BEGINNING.
Containing 0.189 Acre
13i6
2. F.,~.QTF{.SEC. 70N82"1~'5'0'14/POR, QTR. S. EC. 69
HO,' DELLA NAGION RHO, DELLA NAGION
lAP No, J~8 MAP NO,
"! I'IO*E
GZ6'O' ~7.
,4 eOoO0~:}O'' Zl
L = ~t42' L, ,~1.42'
N 8Z°I~'gO"PV N 8Z°!&'60"I4I
(~.00'
'EAST H STREET
SEND
FACIUTY EASF__~ENT -J ''~
N 8B'{S'4Z"~V
0
N.W. COR. LOT 109 .L, 180.8~/
CHULA VISTA TR 80'5
UNIT B ~
MAP NO. 10646
EXHIBIT A
" 60'
~LE I= J DATE I I ' 5 ' R7