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Home My WebLink AboutReso 1975-7696Form No. 342 Rev . 3/ 74 RESOLUTION NO. 7696 RESOLUTION OF THE CITY COUNCIL OF TizE CITY Or' CHULA VISTA, APPROVING AGREEMENT BETWEEN 'T~-:E CITY OF CHULA VISTA AND UNITED CALIFORNIA BANK FOR SUBORDINATION TO SAN DIEGO GAS & ELECTRIC COMPANY FOR EASEMENT ACROSS OPEN SPACE LOT IN BONITA RIDGE ESTATES (FILE #74-236760) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, B^ I`I' RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation` and UNITED CALIFORNIA BANK, for subordination to San Diego Gas & Electric Company for easement across open space lot in Bonita Ridge Estates (File #74-236760) dated the 8th day of April 1975 a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista: Presented by Approved as to form by Get./ William J. Robens, Director of George I3': Lindberg, City Attorf~y Public Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CF~ULA VISTA, CALIFORNIA, this 8th day of April 19 75 by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl NAYES: Councilmen None ABSENT: Councilmen None ~' ~~~. mayor of the City of Chula Vista ~ ' ~ j AT'TE S ~ ~ f ~~, ~'j~ City Clerx `'~ STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss, CITY OF CHULA 'VISTA) I~ City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a tu11, true and correct coot' of Resolution No. and that the same has not been amended or repealed. DATED City Cler ~. ' wry ~/=~r~'-5 ~ ~~ ' SUBOP~DIN:'1T?ON A!;REE~fF'N7' 'i J-~~s~~16 FILL PAC°_ NO.__---_.._: - _C~v° i^7fi SAFEtCOtn~Tii:c Sn.urance Ccmpany F,ECC;;~~, ~7.VU THIS AGREE"~]f?'v 7', m.~df~ th.s nth day ~f April 1975 --- - , _, by and bet~.~reen CIri~'Y OF CHULA VISTA, a municipal corporation "First Party"; ,UNITED CALIFORNIA BANK, ~; California corporation "Second ?'arty"; a~Zd UNITED CALIFORNIA BANK'. a California .corporation "Third Party", [~'IIER~;,15, P'.i.rst Party is the owner oI certain real property situated in the C.i_ry of - Chu.l=~_V~_a County of San Diego State of California, particular.l_y described as fo_1]_ows: .Lot 74 of Bonita Ride Estates Unit No. 1, accordinm f.o Man thereof No. &0~f4, filed i.n the office of the County Recorder of Uaid County. .~-,-~', 31B ~7rr /r : ~~ W?.3i.:,EAS, a certain Deed of Trust was executed as follows: r~,~„~ O~ TrL'St datei3 cxccL..:,;? by ___RONTTII--TILLS PROPERTIES -may , - _ _ _ __-- _ _ ~,_ a`~art_n~r,~h~p - to UNITED CALIFORNIA BANK, a California corporation _ Trustee, to .secure an indebt~dn~ss or _.:~2,7~7,500.00 i~l fa F __ ~ avor o~ -~I~LI.~I~~ A T, T F O R'~ T /~ R i~? K ~_,~~ l i f o r n i~Lr p Q~' ~. t] o n and any other amounts payable under the terms thereof, recorded ' Au~;us~0~19 4 as File No. 4-26760 of Official Records; a:~d WHEREl1S, the beneficial interest under said Deed of Trust was assigned of Record to __ (no ~~mi~_~t (l~ r~~~ by m°sne assignments oL record; and ~~'IiEI:~AS, First Part~~• is r.vw the owner of the here ~nabove described lands and premises, sub=ect to certain encumbrances, including the hereinabove mentioned Deed of Trust and the indebtedness secured thereby; and Iti'IIEF.EAS, the Parties hereto desire to subordinate said Deed of Trust and the lien thereof as hereina~ter sit forth to a certain. grant of easement and right of way to San Diego Gres & :].cctric .,ompany, a rn ~' co_i oration., dated 19_ recorded 19 ~~~'rIC r= Lt__ ~ , -r ~/ in the office of the County Recorder for County, California, and covering a portion of the hereinabove described lands anal premises. \'0?~., THF,REFORE, the Parties hereto, in consideration of the premises and of the mutual benefits to be derived by *_hem for the agreement herein. contained, do hereby agree that the said grant of ea-ser:en*_ and right of ;aay made b~~ First Party to San ::iego Gas & Electr_ir_ Company, a corporation, dat~~~d end recorded as aforesaid, covering a portion of the ,ereinabove described lands and premises, shall be and said easement and right of way ig hereby made paramount to said Deed of Trust and the lien thereof; that said Deed of Trust, as to the lands and premises hereinabove described, is hereby subordinated to said grant of easement and right of way of San Diego Gas & Electric Company, a corporation, and i.n the event of foreclosure of said Deed of Trust, the Trustee's sale and conveyance thereunder of the lands -2- ,:. ti~~ described t':erein shall be subject to said grant San Diego Gas ~Y Elect:ric Comp~rty, a corporation, riti~i~t of w<.iy s?;;:i11 r~c.t be aLfected thereb}~. IN WITI~'ESS WHEREOF, the. Parties hereto caused this instrument to be executed by the pro authorized the day and year first above written. Executed in the Presence of: Witness of easement and right of way to and said grant of easement and have set their hands or have der officers thereunto duly CITY OF CHULA VISTA, ~a~~~, ~,, . ; , Muni_cip~ 1 corpora ion r ~•; ;- '~ ~~ A ~' B y W L ~~ , Z'~ t~.<~ . ~ .. +.. - - ~i ' / r'Fir,~t Party" ~J. ~y'_' •~r ,; • ! ; , r UNITED CA.LIFOR~TIA BANK, a ~ ,.,,.',.~. California corporat~' n ~ .• ~ ~,'~,• '. y G . ,; r, ~.~ , ,, ~ , By ;/ ~•~in -~~ - ~ `' ~' - ' "Oecond F .y .,. '.'~ ~~~~~ :~ artyrr . ^°,' ~.~ UNITED CALIFORNIA BANK, a Californi cor~porat~' on B y d` ~,\\~\vv 1'" t~~~ s .o // ~ , I ~~y ~ ~`~_ ~~ I )/~ ~.~ r~ . __ _ _ _ ~.. ~' • J ,;; ' Third Party -~~ DRAtJN BY....i3iCkl~Y... , ; `,,;,, ...~~,. ~. CHECKED BY ............ ~ ' ~~~~~ y 4 ~~• SKETCH NO...-~-~,Q ~ ~-.... ~' ~~ ~ C1~~ ~'~ •~~~~:~ DATE ..... ? /.10/.7.5..... ~ ~~~`~ ~ ~ ~*~~ 1~oPAC 1~To....7~9.5.0-05.. ''.R. >f 525?_75 item -3- ~/ ~`''~, ~ •`~ COP,POP,ATION FORM STATE OF ~~ i ~t , ~ ~ , ) , t~~- ' COUNTY Ss. ~f` ~ > OF ON THIS ~:,_'i ~ j~~ day of ~"?,j~j .,/ 19~ befor me, th e undersigned, a Notary Public in%and for said ~ e County and Mate, res, ing, the rein, duly-,commissioned ~ -~ and sworn personally a ear p P b e th . ~ ed ~~-tf4't T r ~~° ~ ;~ ~ , known to me t e , , ,, ,~ . g ~ -..~- _ .._( ,, President and.--../,r1> ~.~~i~ =-~'~~1~ ~ known to me to ~be -the >- ~ /, `. -,~ the cor'pora~lon that xecuted the with :n Instrument, known to me to be the persons who executed the within Instrument, on behalf of the corporation therein named, and ac>';no~•alod~ed to me that such corporation executed the within Instrument pursuant to its By-Laws or a Resolution of its Board of Uirectors. WITNESS my hand and official seal. ` 3,, .~. O'rF1ClAI. SrAI it ~iC ~ ~e .- i1 F,r,~ NOTARY PUB~.;C-G1'!F;,~RNIA ~ ,` ~, Y_ ~ ~ ~ er • PCINCI'AL OrFiC:~ 1N ~ / .- , snN u~~c;o couNTV it My Commission ^w----=__ -~' Expires July 4, 1')r'7 -.-r-.r.-.-mac-~ ~ ~s .~.- ~ls STATE OF COUNTY OF COI,PORATION FORM. ss. ON THIS day of 19 before me, the undersigned, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared 1{nown to me to be the President and known to me to be the Secreta.r,y of the corporation that executed the within Instrument, knoi,rn to me to be the persons who executed the ?vithi r. Instrument, on behalf of the corporation. therein named, and acknowled~;~d to me that such corporation executed the within Instrument~,~ursuant to its Ry-Laws'or a Resolution of its Board of Directors. WITNESS my hand and official seal. ~' ~/ - ~ Notary Public i,.ri and f'or said County and Stag i Notary Public in and for said County and Stag _._ _ -~ ` r ~ ~ fl 'a ~' PfUNICIPAL CORPORATION FOF1'~I STA,TF GP CALIFOI2I~TIA ) ss. COUNTS OF SIGN DILGO ) ON THIS 8th day of April 19 75 , before me, the undersigned, a notary Public in and for said County a;:d Sty-.te, residing therein, duly commyssioned and sworn, personally appeared Thomas D. Hamilton, Jr. ~cnowr. to me to bc, the P~:ayor, and Jennie M. Fulasz known to me to be the City Clerk of the City of Chula Vista the municipal ccrr~oratzon that executed. the within Instrument, known to me to be the persons who executed the within Instrument, or. behalf of the municipal corporat-ion therein named, and acknowledged to me that such municipal cornnra_ tion executed the same. - ~vITNESS my hand and official seal. i otary Public in an for sa.'_d Gij~ . ~iAi~ ., .;:L ~ ,, ountiy anJ State ~. _ i ~f~