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Home My WebLink AboutReso 1987-13334 RESOLUTION NO. 13334 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING EASEMENT FROM EL RANCHO DEL REY FOR TRAFFIC CONTROL PURPOSES 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 easement for traffic control purposes executed by E1 Rancho Del Rey Partnership dated the 9th day of November , 198 7 , a copy of which is attached hereto and by this reference made a part hereof as though fully set forth herein, be and the same is hereby accepted by the City of Chula Vista. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to record said easement in the office of the San Diego County Recorder. Presented by Approved as to form by Jo n P. p or of D. Richard Rudol sisrant P orks City Attorney 0361a Form 320 Rev. 11-87 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF Cr,-,~_A VISTA, CALIFORNIA, this 17th doy of. November 19 87 , by the following vole, 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 ~/ City Ci6(rk~' ' (,/ S',. . 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 that the above and foregoing is o full, true and correct copy of RESOLUTION NO. ]-3334 ,and that the some has not been omended or repealed °ATE° ~-~--/¢ / ~; :) /~,-- .y/, - , Cl~ OF CHU~ CC-660 ..................... ~ 13k7 iZ!.~ ,'zT.' 25 F~ 2:21 c~s~ ~ttention: Joyce Brock NO F[[ Individual Grant Deed the following described real property in the City of Chula Vista County of San Diago , State of California: A non-exclusive aasement for traffic control purposes only, located as set forth in Exhibit "A", attached hereto and incorporated herein. Dated November 9, 1987 Legal Description Traffic Control Facility Easement East "H" Street and Paseo Del Rey EXHIBIT "A" 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 Otfice of said County Recorder, said point also being the beginning oE a non-tangent 460.00 foot radius curve concave Easterly, a radial line to said point bears South 74012'35" West (South 74°18'14'' West Record); Thence Northerly along the arc of said curve through a central angle of 22031'43" a distance of 180.87 feet; thence along a radial line North 83015'42" West 40.00 feet; thence ~ortn q6°44'18'' East 269.85 feet; thence North 07°43'10" East 72.50 .eet 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 82°16'50" 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 · / ~¢dR:.,qTR.$EC. 70 ,vsz.xG'.~o-w13POR. QTR. SEC. 'RHO.' DKL LA NAGON ~' RHO. DELLA NAGON MAP-NO, 1,,36 MAP i',,lo, N 7°el,.~'l N 7°4Z'IO"E Zl ~0' LI 90'00'00" R:2.0' R= 2.0 L = ..~t *t~' L, .gl.~2.° N 8Z°I~'gO"PV N 8Z°I&'50"PV ~(~.00' ~ N ?°43 VO"E (~.00' EAST H STREET / · .EGEND ~ N ~'IS:¢Z"I,V (R) N.W. COR. LOT 109 -- ,~- ~o. 8~ CHULA VISTA TR 80-5 ~ /~MAP NO. UNIT B MAP NO. 10646 RICK INQINIIRIN8 COMPANY EXHIBIT A TRAFFIC CONTROL FACILITY ESMT. EAST H STREET AND PASEO DEL REY ~ f' = 60' DATE II - 5 - 87 :"" 1320 · % s STATE OF CALIFORNIA COUNTY OF SAN DIEGO 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 e~y-e~eeee) to be the person who executed the within instrument as the' Senior Vice President, and Joe W. Shielly personally known to me the person who executed the within instrument as the Executive Vice Fres..' $ee{~Fe~{~ Of McMillin Financial, Inc. the corporation that executed the within instrument on behalf of EL RANCHO DEL REY PARTNERSHIP the partnership that execute~ the w~h~n ~ns~ru;nent, and acknowledged to me that such corporation executea ~he same as such partner and that such par~nernnlp ez<ecuted tile same. WITNESS my handand official sealj STATE OF CALIFORNIA COUNTY OF SAN DIEGO On this 10th 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 Project Manager X~X~YsXiX~sX, andDonald R. Faye personally known to me (or proved t'o me on the basis of satisfactory evi'dence) to be the person who executed the within instrument as the Vice-President ~9(~)ga~(~ of Home Capital Corporation the corporation that executed the within instrument on behalf of E1 Rancho 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. said Ct(unty and State ..... Z3 4 · 658211 SHBORDINATION AGR~MI~NT ' 'k V.,', E ',_*z L ~ ~IEREAS, Ehe owner of Ehat certain property here~na~cer described has granEed Co Cite CLty of Churn V~ska~ a munLc~pal corporatZon~ Ln the County oE San DLeXo~ S~ate o~ Ca~iforn~a~ Ehe permanent easemen~ and r~gh~ oE way. (LEGAL DESC~PT;ON OF PROPERTY ~S ATTACHED) A~D i~t]~REAS, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION is hereinafter known as the BENEFICIARY; and HOME FEDERAL SAVINGS AND 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~ZNTY-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 WIlEPEAS, 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, TII]']R~FOPE, 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 WIll~PEOF, the BENEFICIARY and the TRUSTEE have caused this instrument to be executed this 1Oth day of N0V~mher , 1987. AS TRUSTEE: AS BENEFICIARY: HOME FEDERAL SAVINGS & LOAN HOME FEDERAL SAVINGS AND LOAN ASSOCIATION ASSOCIATION t CAT. NO. NN00636 TO 1954 CA (9--84) (Corporation as a Partner of a Partnership) TICOR TITLE INSURANCE STATE OF CALIFORNIA COUNTYOF San Dieqo ss. On November 10, 1987 before me, the undersigned, a Notan., Public in and for said State, personally appeared Steven R. Penn personally known to me or proved to me on r. he basis of satisfactory evidence to be the person who executed the within instrument as the ProiPct Monanor and [3finaid R to be the person who executed the within instrument as the Vice-President of Hnmo g~d~r~l qaxtinn~ b Loans behalf of E1-Rancho De] Roy Partnership the within instrament, and acknowledged to me that such :i " '~"':~" :? corporation executed the same as such partner and that ~, : WITNESS my hand and official seal. ;~ "9" 5' ~i,!:.~ ': :-,.: ~ Signature > L c~ --~ P7 i:' :,,, ~-~r_ =~-~,,,._ (This area for official notaxial seal) Legal Description Traffic Control Facility Easement East "H" Street and Paseo Del Rey E][~IBIT 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 radial line North 83Q15'42" West 40.00 feet; thence North ~44'18" East 269.85 feet; thence North 07°43'10" East 72.50 ~eet to the TRUE POINT OF BEGINNING; thence North 82o16'50" 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 82Q16'50'' 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 N 8Z°IG' gO"~ N 82° t& '5'O"N ~. 00' N ?°~3 70 '~ &G. 00' 'EAST H STREET :GEND TRAFFIC CONTROL FACILITY EASEMENT N A ~'31'43" N.W. COR. LOT 109 -- CHULA VISTA TR 80-5 UNIT B ~ ~8,~ ~O~z~8 MAP NO. 10646 EXHIBIT A TRAFFIC CONTROL FACILITY ESMT.