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HomeMy WebLinkAboutReso 1987-13279 RESOLUTION NO. 13279 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 ALONG EASTLAKE PARKWAY 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 EastLake Development Company, a California General Partnership dated the 19th day of Auqust , 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 accepted and dedicated to the public use for street and highway ~urposes by the City of Chula Vista. BE IT FURTHER RESOLVED that said real property is hereby officially named EASTLAKE PARKWAY 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 John . Lipp D. Richard , Assistant Publ s/City Engineer City Attorney Form 314 Rev. 6/82 · ~ ~086 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF UnULA VISTA, CALIFORNIA, this 13th day of October 19 87 , by the following vote, to-wit: AYES: Councilmembers Malcolm, McCandliss, Cox, Moore, Nader NAYES: Councilmembers None ABSTAIN: Councilmembers None ABSENT: Counci linetubers None ~hulo Vista ATTEST~,~//~(~ (// city c~rk ~" : 7E OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) l, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of RESOLUTZON N0. 13279 ,ond that the some hos not been amended or repealed  ~ Cit~ der~ ~ ' O~ OF CHU Vi A CC-660 " E CO DED, P~ASE ~IL ~City Clerk ~ity of Chula Vista '~. O. Box 1087 Chula Vista, ~ 92012 UN T Y ~o. Easement for Street Purposes EASTLAKE DEVELOPMENT COMPANY, A CALIFORNIA 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 ~ollows: (SEE ATTACHED LEGAL DESCRIPTION) ~E-77 /; <.!/ The Grantor hereby further grants to the City of Chula Vista the privi~eg and right to extend drainage structures and excavation and embankment slo beyond the limits of the herein described right-of-way where required~r the construction and maintenance of said public street. RESERVING uK= ~ grantor of the above described parcel of land, his successors or assi~s, 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. 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. The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, constructi, landscaping or maintenance of said public street. Dated this '/ y day of..., ./. , 19 EASTLAKE DEVELOPMENT COMPANY, A CALIFORNIA GENERAL PAR~SHIP BY: DAVID~, INC., A CALIFORNIA CORPORATION, GENERAL PARTN BY: BY: DANIEL V, INC., A CALIFORNIA CORPORATION, BY: 2083 STATE OF CALIFORNIA ] } ss. COUNTY OF SAN OIEGO } State, personal IV appeared ~1 ~1~ personal ly ~nen to me or proved to me on the ~sis of satisfactury evidence to be t~ ~son e~ executed t~ lithin instrnent as t~ Vice ~i~ent of ~VID ~E ~ C~, t~ ~tnership t~t executed t~ iithin instruent, an~ cor~ation executed t~ ~ne as s~h ~rt~ and ~t s~h ~tn~ship execut~ ~ sane. ~tary PUDI ic ' STATE OF CALIFORNIA } ss. COUNTY OF SAN DIEGO 0n ' ~ ay of /~{ (%</z:~ , lc)87, before me, the undersi~ned, a Notary Public in aed for said thms State, ~sonall ~ t~ person iho executed the uithi. instraent as the Vice ~esident of ~E V, [E., a ~lifornia cnrporatiOn, a ~tner of ~ ~ C~iT, ~ ~rtnership t~t e~ut~ t~ ~ithi~ instrmnt, and ackno~i~9~ to ~ t~t such corporation j~uch tner and t~t such ~rtnership ex~ut~ t~ sBE. OFHCJAL ~A~ i] nd and ofhc, ~ LEEN A. ARN0~ ~tary ~liC ' ' Offsite Street Dedication - Eastlake Parkway Being a portion of Parcel 1 of Parcel Map No. 13883 as filed in the Office of the County Recorder of the County of San Diego, and a portion of the Northwest Quarter Section 34 township 17 South, Range 1 West San Bernardino Meridian, according to the Official plat thereof, all in the City of Chula Vista, County of San Diego, State of California, said portion more particularly described as follows: Parcel 'A' Beginning at the most Westerly corner of Chula Vista Tract No. 84-7, Unit No. 1, Map No. 11509, filed in the office of the County Recorder of said County of San Diego, said point also being on the Westerly Right of Way of Eastlake Parkway as dedicated on said Map No. 11509, said point also being on a 1200.00 foot radius curve concave Southerly; thence Westerly along the arc of said curve through a central angle of 37°44'44'' a distance of 790.54 feet; thence South 74°50'31" West 38.01 feet; thence South 78~18'34" West 198.40 feet to a point on the Easterly Right of Way Of Eastlake Drive as dedicated per Chula Vista Tract No. 84-9, Eastlake 1, Unit No. 1, Map No. 11403, filed in the office of the County Recorder of said County of San Diego; thence along said Easterly Right of Way North 16~11'27'' West (North 16°11'02" West per Map No. 11403) 76.02 feet; thence leaving said Easterly Right of Way North 71°21'59'' East 197.95 feet; thence North 74°50'31" East 39.83 feet to the beginning of a tangent 1300.00 foot radius curve concave Southerly; thence Easterly along the arc of said curve through a central angle of 37°44'44"a distance of 856.42 feet to the Westerly Right of Way of Eastlake Parkway per said Map No. 11509; thence South 22°35'15" West along said Right of Way 100.00 feet to the Point of Beginning. ~ 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 easement and right of way and incidents thereto for a public street upon, over and across that certain real property described as Parcel "A", together with the right to construct, replace, remove, or modify a public sidewalk in, upon, over and across that certain real property described as Parcel "B" as follows: (LEGAL DESCRIPTION OF PROPERTY IS ATTACHED) AND WHEREAS, Security Pacific National Bank, a National Banking Association is hereinafter known as the BENEFICIARY; and Equitable Deed Company, a California Corporation is hereinafter known as the TRUSTEE as of the date of this instrument under that certain deed of trust executed by Eastlake Development Company, a California General Partnership and Western Salt Company, a California Corporation to secure a note for ($30,500,000.00) Thirty Million Five Hundred Thousand and 00/100 Dollars with interest dated March 22, 1985 and recorded March 28, 1985 !~ Official Records of the San Diego County Recorder, covering the ~operty hereinabove described, as Instrument No. 85-104926 AND WHEREAS, the BENEFICIARY affirms that they are the owner and holder of the hereinabove described trust deed note, and they hereby direct and authorize said TRUSTEE to join in the execution of this instrument. NOW, THEREFORE, for and in consideration of the benefits to accrue to the above described land by acceptance of said easement by said City of Chula Vista, the undersigned expressly subordinates all right, title and interest in and to that portion of said premises herein described, covered by said deed of trust, to the interest of said City of Chula Vista in said easement with the intent that said easement shall be prior and superior to the lien of the deed of trust hereinabove described. IN WITNESS WHEREOF, the BENEFICIARY and the TRU~~.elcaused this instrument to be executed this ~ day of , 19~. AS TRUSTEE: AS BENEFICIARY: Equitable Deed Company, Security Pacific National Bank, CAT, NO. NNQ0737 '~02,"~C'.I,--,, ' "~:' ;~08~ ,,~ TICOR TITLE INSURANC~ (Corpo~tion) STATE OF CALIFORNIA COUNTY OF L~s Anqeles On ~ontomhor 22 1987 before me, the unden~ned, a Nota~ Public h and for . - said State, penoRally appeared Robert Hama~ Hehi personny known to me or proved to me on the basis of ~tisfacto~ evidence to be the person who executed the within ins~ument as the V i Ce President, ~ . pe~onMly ~own to me or the person who executed the within insuument ~ the ~ ARL ERS ~ of ~e Corporation '~ ~;';~ NOTARY PUBLIC CALIfORNiA ;~at executed the within instrument and acknowledged kO$ ANGELES COUNTY to me tMt such corporation executed the within instru- ment punuant to its by-laws or a resolution of its board of directoB, <L:,::,::,::>"-"' TICOn TITtE INSURANCE COUNTY OF L~S Angeles On goptPmber 22. 1987 before me, ~he unde~igned, a Nota~ Public in and for , said State, personally appeared Har~ha V, gmith per~n~ly known to me or proved to me on the basis of satisfacto~ evidence to be the person who executed ' President~X proved to me on the basis of satisfactory e~dence to be ~ of ~e Coloration ~ ,' ARL ERS~ that executed the within instrument and acknowledged NO board of directors. 2089 EASTLAKE PARKWAY SIDEWALK EASEMENT DEDIC~!ION Being a portion of Parcel 2 in the City of Chula Vista, County of San Diego, State of California, according to Parcel Map No. 13883, as filed in the office of the County Recorder of the County of San Diego, said portion more particularly described as follows: Parcel 'B' Beginning at the most Westerly corner of Chula Vista Tract NO. 84-7, Unit No. 1, Map No. 11509, filed in the office of the County Recorder of said County of San Diego, said point also being on the Westerly Right of Way of Eastlake Parkway as dedicated on said Map No. 11509, said point also being on a 1200.00 foot radius curve concave Southwesterly; thence Southeasterly along the arc of said curve through a central angle of 53°01'03'' a distance of 1110.40 feet; thence South 14°23'42'' East 412.56 feet to the beginning of a tangent 2050.00 foot radius curve concave Northeasterly; thence Southeasterly along the arc of said curve through a central angle of 03°26'27" a distance of 123.11 feet to the beginning of a reverse 170.00 foot radius curve concave Southwesterly; thence Southeasterly along the arc of said reverse curve through a central angle of 07~19'42'' a distance of 21.74 feet; thence South 10~30'27'' East 39.98 feet; to the beginning of a tangent 190.00 foot radius curve concave Northeasterly; thence Southeasterly along the arc of said curve through a central angle of 09~57'05" a distance of 33.00 feet to the beginning of a compound 2060.00 foot radius curve concave Northeasterly; thence Southeasterly along the arc of said compound curve through a central angle of 03~45'11'' a distance of 134.94 feet; thence South 24°12'43" East 18.99 feet to the beginning of a tangent 20.00 foot radius curve concave Northwesterly; thence Southwesterly along the arc of said curve through a central angle of 90°00'00'' a distance of 31.42 feet to a point on the Northerly Right of Way of Otay Lakes Road as dedicated on said Map No. 13883; thence leaving said Northerly Right of Way North 24°12'43" West 10.00 feet to the beginning of a non-tangent 10.00 foot radius curve concave Southwesterly a radial line to said beginning bears South 24°12'43" East; thence Northeasterly along the arc of said curve through a central angle of 90~00'00'' a distance of 15.71 feet; thence North 24~12'43'' West 18.99 feet to the beginning of a tangent 2070.00 foot radius curve concave Northeasterly; thence Northwesterly along the arc of said curve through a central angle of 03°45'11" a distance of 135.59 feet; to the beginning of a compound 200.00 foot radius curve concave Northeasterly; thence Northwesterly along the arc of said compound curve through a central angle of 09~57'05" a distance of 34.74 feet; thence North 10~30'27" West 39.98 feet to the beginning of a tangent 160.00 foot radius curve concave 2090 ,Southwesterly; thence Northwesterly along the arc of said curve through a central angle of 07°19'42'' a distance of 20.46 feet to the beginning of a reverse 2060.00 foot radius curve concave Northeasterly; thence Northwesterly along the arc of said reverse curve through a central angle of 03°26'27" a distance of 123.71 feet; thence North 14~23'42'' West 412.56 feet to the beginning of a tangent 1190.00 foot radius curve concave Southwesterly; thence Northwesterly along the arc of said curve through a central angle of 90°45'47" a distance of 1885.10 feet; thence South 74~50'31" West 38.01 feet; thence North 15°09'29" West 10.00 feet; thence North 74~50'31" East 38.01 feet to the beginning of a tangent 1200.00 foot radius curve concave Southerly; thence Easterly along the arc of said curve through a central angle of 37~44'44'' a distance of 790.54 feet to the Point of Beginning. Offsite Street Dedication - Eastlake Parkway Being a portion of Parcel 1 of Parcel Map No. 13883 as filed in the Office of the County Recorder of the County of San Diego, and a portion of the Northwest Quarter Section 34 township 17 South, Range 1 West San Bernardino Meridian, according to the Official plat thereof, all in the City of Chula Vista, County of San Diego, State of California, said portion more particularly described as follows: Parcel 'A' Beginning at the most Westerly corner of Chula Vista Tract No. 84-7, Unit No. 1, Map No. 11509, filed in the office of the County Recorder of said County of San Diego, said point also being on the Westerly Right of Way of Eastlake Parkway as dedicated on said Map No. 11509, said .point also being on a 1200.00 foot radius curve concave Southerly; thence Westerly along the arc of said curve through a central angle of 37°44'44" a distance of 790.54 feet; thence South 74°50'31" West 38.01 feet; thence South 78~18'34'' West 198.40 feet to a point on the Easterly Right of Way of Eastlake Drive as dedicated per Chula Vista Tract No. 84-9, Eastlake 1, Unit No. 1, Map No. 11403, filed in the office of the County Recorder of said County of San Diego; thence along said Easterly Right of Way North 16°11'27" West (North 16~11'02" West per Map No. 11403) 76.02 feet; thence leaving said Easterly Right of Way North 71°21'59" East 197.95 feet; thence North 74~50'31" East 39.83 feet to the beginning of a tangent 1300.00 foot radius curve concave Southerly; thence Easterly along the arc of said curve through a central angle of 37°44'44" a distance of 856.42 feet to the Westerly Right Of Way of Eastlake Parkway per said Map No. 11509; thence South 22°35'15'' West along said Right of Way 100.00 feet to the Point of Beginning. -ClIULA VISTA TItACT NO. 84-7 .'-- .d~/tSTL, q(E VILLAGE CENTER i~ C ~. ~E/t51L/t(E BUSINE55 CENTER -'-,