HomeMy WebLinkAboutReso 1987-13288 RESOLUTION NO. 13288
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 BRANDYWINE 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 Brandywine Distribution
Center Associates~ a limited partnership,
dated the 24th day of_ April , 19 $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
_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 Brandywine 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
Form 314
Rev. 6/82
1539
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
,,HULA VISTA, CALIFORNIA, this 13th d(ly Of October ......
19 87 , by the following vote, to-wit:
AYES: Counci]members McCandliss, Cox, Moore, Nader, Malcolra
NAYES: Counci I rnembe~s None
ABSTAIN: Counci ] members None
ABSENT: Counci ] members None
ula
Vista
ATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, Californio,
DO HEREBY CERTIFY that the above ond foregoing is 0 full, true ond correct copy of
RESOLUTION N0. 13288 ,ond that the some has not been omendad or repealed.
DATE D
~//""' Cit~; C erk ~
OF
CHULA VISTA
CC-660
i'HIS INSTRUaNT TO:
~ity of Chula Vista ~ ~'~}<~7/L,. ~
). o.Box ~0~7 lS~7 OCT 2S L~ tl: 07
Chula Vista, CA 92012
VEF~A Z ,L'~ F
NO T~SFER T~ DUE C0 " ~E
s~c~ .o~ ~o~~fi'~
Assessor ' s Parcel
No. ~
Easement for Street Purposes
B~NDYWINE DISTRIBUTION CENTER ASSOCIATES, A LIMITED PARTNERSHIP
do(es) hereby grant, convey and dedicate to the CI~ OF CHU~ VISTA,
State of California, the right of way and incidents thereto for a p~lic
street upon, over and across that certain real property in the City of
Chula Vista, County of San Diego, State of Califomia, described as
follows:
SEE EXHIBIT "A" '
,, I536
The Grantor hereby further grants to the City of Chnla Vista the privii~d
and right to extend drainage structures and excavation and embankment slope
beyond the limitsof the herein described right-of-way where require~ for.
the constructio. a.d mainte.ance of said
grantor o~ the above described parcel of ces s
~he right to eliminate such slopes and/or drainage structures'or portions
thereof~ when inthe written opinion of the City Engineer of Grantee~ the
necessity therefore is removed by substituting other protection, support
and/or drainage faciZity~ provided such substitution
wri~in9 by said City Sngineer,
The Grantor hereby further grants to Grantee all trees~ growths (growing
or that may hereafter grow) r and road building materials within said
right-o~-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 neeessary~ in the oonstruction~ reconstructionr
improvement or maintenance of said public street,
The Grantor~ for himself, his successors and assigns~ hereby waives any
claim for any and aZZ damages ~0 Grantorms remaining property contiguous
~othe right-o£-way hereby conveyed by reason of the location~ construction
landscaping or maintenanceof said public street,
Dated this 24 day o~ ~ April ~ 19 87
SWATS O~ CALIFORNIA )SS
COUNfY O~ San Dieao )
On April 2~, 19R7 before
the undersigned# a Notary Public in and
for said S~ate~ personally appeared
Jerry ~. HcClenny
to be the person whose name
subscribed to the"~'fE~in instrument
and acknowledged that he executed
the same.
TERESA ELLEN LATUS
Name (typed or Printed)
.,,, 1537
H~HIBIT "A"
Over those portions of Parcel 1 and Parcel 2 of the Brandywine '
· ' Distribution Center' in .~.e City of Chula Vista, .County of San Diego,.
.State of California, according ~o Parcel' M~p thereof no. 14521, filed
, in the office of the County RecOrder of said County 0ctober:.20, 1986,
:. more particularly described as follows:
· Parcel 1: Comnencing at' the northeast comer of said Parcel 1, said '
com'~eing on the'Westerly line of Brandywine Avenue, 80.00 feet in
width, as shown on said PArcel'Map, said corner'being aso e TRUR
POINT of BRGI~qING; thehie along said'w~'terly line 'South '4 6' t6"-,West
735, 41 'feet' to' the beginning o'f'a tangent curvd ~Sncave ~orchwesterly
having a radius of' 20.'00' 'feet'; thehie ~outhwesterly '31.aS feet along
· said curve through a central angle 0.E'90~'~O"10''' to a point '0n the
northerly line ~f Shihoha~a Ls~e,"S0.'D0 feet' in'width,' as shown on
said Parcel· Map, thente ~long said northe~l~ line North 88°53'34'' West
, 2.07 feet; thence North' 1'D6"26"' Ras~ 6.'00"fee~' to the beginning of a
nonotangen~ curve ~oncave horthw~Sterly ha~n.g a radius of'20.00 feet
to which poin~ a radial line be~s North' 1 'D6"'26 EaSt; thence northeasterly
31.65 feet al6ng.s~id curve thrbu~j~ ~ central an~le bf"90~0'10"; thence
North 0~26'16'' Rast' 729'.'41*~ee~"to ~..point on the' northerly line of said
Parcel"l; thehie ~]bng said nortb. e~ly line Sout~ '88' SS'~4". East. 2.00 feet'
· '~o the' TRUe' POINT of BEGINNING.
"Ps~del 2: Commenting at a point on the' hortherly line of Said Parcel
sal'~e beihg also 'the' ~outhe~ly lin. e ~f'said Shihohara Lane, said;point
beihg distant SoutH'88" 53"~"' Rast'319.84 feet from. the' horthwest corner of*
said ParCel' 2/said oint beihg also the' TRUR POINT of BRGINNING; thence
along said line Sout~ '88~53"34'' Eas~' I.'86 feet' to the' eginning of a '
b 1
tangent curve t0Rcave ~outhw~sterly having a radius of '~0.00 feet; .
thence' ~outhe~terly. '31'.'18' feet aloRg sgi. d curve thl~ugh ~ central ang e
of 89'19'50" to a point on'the'~esterly line ~f. said Brandywine Avenue,
thence alqng said' line Sout]i 0'26"16" Wes~ 434.'04 fe~t' to the beginning
of a tangent curve t0nCave horthwbsterly having a radius of 20."00 ·feet;
thent~ ~outhweSterly 9.02' feet' alon~ .said 'curve through a central angle
'of 25 50"31"' to a point.to W~ihh ~* radial line beai~3 Nort]i~3"43'13" West;
thehie leadzing said cui've. Nol~ 0:~26"'16" East 430'.'78 feet' to the
beginning of'a tangent cui-ve tonCave ~outhwesterly having a ~adius. of
20.D0 feet'; th~hae horthw~terl. y '31',~8 feet* along'said curve thrbugh 'a
central angle bf 89'"19 '.50"; thehie' North* !~06 "26"' Ra~t 12.00 fee~ to
the' TRUR POINT of BFJ3INNING.
'f~ ~ ' ' 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.
(LEGAL DESCRIPTION OF PROPERTY IS ATTACNED)
AND WHEREAS, City .Federal Savings Bank, a Federal Savings Bank is hereinafter
known as the BENEFICIARY; and Chicago Title Insurance 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 Brandywine Distribution
Center Associates, a California Limited Partnership, to secure a note
for $6,400,000.00 (Six Million Four Hundred Thousand Dollars and no/100ths)
with interest dated October 15, 1986 and recorded October 20, 1986 in Official
Records of the San Diego County Recorder, covering the property hereinabove
described, as the Instrumen~ No. 86-472751.
AND 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.
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 8th day of May , 19 87
AS TRUSTEE:
AS BE~EF!CIz Y:
CHICAGO TITLE INSURANCE COMPANY, - ~ ~
a MiSsouri Corporation
BY: kij(_ G4~'>~' ~'! i Vice President
Bill Schuffert~J
STATE OF CALIFORNIA
couNTy or San Diago ss. 15 4 I
On this 26th day of _ May , in the year
J987 , before me, the undersigned, a Notary Public in
and for said County and State, personally appeared
BILL SC~FFERT ~_ ~rsonally known
personally known to me (or proved to me on the basis of satisfactory
evidence) to be ........
Secretary of the corporation that executed the within Instrument, and
acknowledged to me that such corporation executed the within instru-
~ THA L. C~L~ELL
~JTff; '~C;;~::~;'-;'~=~:~}NOTARY PUBLIC-CALIFORNIA
Signature ~
MarLha T,.
~ Name (Typed or Printed)
Notary Public in and for said County and Slate
~y 8th, 1987
Wi jams
Arthur H. 11
said State, personally appeared
personally known to me (or proved to me on the
basis of satisfacto~ evidence) to be the person~ who executed the within instrument as__
Vice
CitX Federal Savings Bjn__k
the corporation therein named, and acknowledged to me that
suchcorporationexecutedthewithininstrumentpursuanttoits
bydaws or a resolution of its board of directors.
' ~d and official seal,
WITNESS my
87 6092Z3
,, 1542
BXHIBIT "A"
&~i' n~'r 29 A~ I1:07
O~er those ~ort~ons o~ Pa~ce~ ~ ~F~;', L.L~
D~stdbut~on ~nter'~ ~e C~ ~ t
,State o~ Ca~o~a~ acco~n~ ~ Pa~ceI~p the~o~ no, ~452~ fi~ed .
~ the o~fice o~ ~e ~ ~cSr~ o~ sa~d ~ ~tober, 20, ~986, '
~re pa~icularly described ~ foll~s: '
Parcel 1: ~ncing a~' ~e no~he~t co~er of said Parcel 1, said ' .~
comer ~e~g ~ ~e' Westerly l~e o~ Br~ Arena, 80.00 feet ~
~d~, ~ sh~ on sad P~r~el'tp, said comer'berg also ~e ~ '
POI~ of B~I~ING; ~e aong said'w~'terly l~e 'Sot
73S.41 'feet' to the be~i~g ~f'a t~gent cu~ ~cs~ no~sterly '.
~g a ra~ of' Z0.'00' 'feet'; ~h~h~e ~ou~esterly '31.65 feet along
said c~e thmu~ a cents1 ~gle 0.f 9~'~40"10''' to a po~t '~ ~e
~herly line bf aihoha~a ~e,"S0.D0 feet' '~ ~dth,' ~ sho~ on
said Parcel' ~p, thence ~long said no~he~l~ line No~ 88'53' ~"
2.07 feet; ~hen~e North' 1'D6"26"' ~ 6.'00' 'fee~' to the beginning of a
non-~gen~ cu~e ~oncave horthwbSterly h~-~g s radi~ of.20.O0 feet
to whi~ poin~ a radial line bea~s Nor~H 1 '06"'26 ~St; thence no~e~terly
31.65 feet aleng.s~id cu~e ~hrbu~ ~ central ~;le bf"90'~0'10"; thence
North 0'26"16" E~f 729'.'41'~eet"to ~.-point on ~e' hortherly llne Of said
Parcel"l; ~h~e ~l~ng said northerly line So~ '88'53'34". H~t 2.00
:to ~e' ~' DI~ of B~I~ING.
'Parcel 2: Counting at a point on the' ho~herly line 0f said Parcel 1,
~e berg also '~e' ~ou~he~ly 1~ bf said ~ihohara L~e, said.point
being dist~t SoutH"8~ 53'34" ~st 319.84 feet ~om.the' ~ort~es~ co~er of'
said ParCel' ~,' said point beihg also ~e' ~E ~I~ of B~I~ING; thence
alon~ said line South '88'53"34" ~s~ 1'.'86 feet' to the' begi~g o~ a
t~gent cu~e C0Rcave ~o~hwbsterly ha~ng a radi~ of '20.00 feet; ·
thence ~ou~e~terly. '3f.18' fee~ al~g s~d ~m ~u~ ~ central ~g e
of 89' 19' 50" to a po~t on* ~e' ~esterly l~e b~ said Br~e Aven~
cuNe ~0nCave ~sterly ~g a radi~ of ~0."00 'feet;
~en~ ~outhweSterly 9.02' ~ee~' alon~.said 'cu~e ~ugh a central ~gle
of 25 50'31"' to a po~t.to ~i~ ~' raQal l~e bea~s No~.6~r41'13" West;
~eh~e leaving said cuNe. No~ 0~6"'16" East 4~0.'78 feet' to ~e
begi~g of' a t~gent cuNe ~oncave ~ou~wester!y ha~ng a radi~. of
20.D0 feet'; ~eh~e horthw~ter~7 '31'.~8 feet' along'Said cu~e ~hmugh a
central ~gle bf 89"19'S0"; th~h~e'No~h' !"06"26"'E~t 12.00 fee~ to
the' ~ POI~ of B~I~ING.
/ ~ *f ~