HomeMy WebLinkAboutReso 1975-7697~ • ~D
Form No. 342
Rev 3{74
RESOLUTION NO, 7697
RESOLUTION OF T'fiE CITY COUNCIL OF THE CITY Ors CHULA
VISTA, APPROVING AGREEMENT BETWEEN THE 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 #74-236761)
AND AUTHORIZING TF3E MAYOR TO EXECUTE SAID Ai~REEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that that certain agreement
between THE CITY OF CiiULA 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 #74-236761)
dated the 8th day of April , 19 75 a copy of
which is attached hereto and incorporated herein, the same as though
fully set forth herein be, and the same is hereby approvedz
BE IT FURTf~ER RESOLVED that the Mayor of the City of Chula
Vista be, and he is hereby authorized and directed to execute saYd
agreement for and on behalf of the City of Chula Vista>
Presented by Approved as to form by
~~ / ,~ ~
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Lam./ • ~~ / ' ~ ~ _ - ~ -
William J, Robens, Director of George D. Lindberg, City Attorney
Public Works
ADOPT~'D AND APPROVED by the CITY COUNCIL of the CITY OF CEULA
VISTA, CALIFORNIA, this gth day of April , 19~_, by
the following vote, to-wit:
AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl
NAYES: Councilmen None
ABSENT: Councilmen None
Lug
TZayor of the City of Chula Vista
ATTEST'
City .lerx
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss,
CITY nF C~IULA VISTA)
I~ __ City Clerk of the City
of Chula Vista, California, DO IiEREBY CERTIFY that the above is a ruli,
true and correct copy of Resolution No. and that the same has
not been amended or repealed. DATED
ity Cler
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l~S }S ~~~~ SUBORDINATIO:y' AGREEMENT
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THIS AGREEMENT, made this 8th day of April 19 75 by
and between CITY OF CHULA VISTA a munici al cor oration ' '
"First Party":
UNITED CALIFORNIA BANK, a California corporation
"Second Party";
and UNITED CALIFORNIA BANK a California cor or-aLion
"Third Party",
W I T N E S S E T H
~~IIEREAS, First Party is the owner of certain real property situated in
the City of Chula Vista County of Sin Diego State of
California, particularly described as follows:
Lot 74 of Bonita Ridge Estates Unit No. 1 according
to Man thereof No . 8044, filed in the of_ f-ice of tho ~Cour_ty
Recorder of said County.
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"v]IlI'sR.I.AS, a certain Deed of Trust was executed :.~~: follows:
-__ -_._^_ u._~ _..._ D'- -'„ c f Trust dated _~_~~ s t 2 6 19 7 4
°X`c"`'° I'~' ________B0:'~~T!~._~ILL_S PROPERTIES a artnershi
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--- t o
i1NTTTl, Ar TFQ~_NIA BANK, a California. corporatior.
Trustee,
to ._ecur_e an indebtedness of ~~52~500. CO in favor of
UNImED CALIFORNIA BANK, A California corporation
and any ether amounts payable under the terms thereof, recorded '
Au~us~ ;0, 1974 as File No. 74-236761
of Official Records; and
WHEREAS, the benefici,sl interest under said Deed of Trust was assigned of
Record to __~no ass=~t~nment of record )
by mesre assignments of record• and
~,'~?i;ltP.AS, first Party is now the ownE~r of the hereinabove described lands
and premises, subject to certain enc~.urbrar.ces, including the hereinabove mentioned
Deed of Trust and the indebtedness secured thereby; and
W1iJ~.'P.I:AS, the Parties hereto desire to subordinate said Deed of Trust and
the lien thereof as hereinafter set forth to a certain grant of easement and right
of w<<- to San Diego G-is 4 Electr?
c Company, a corporation, dated
19 recorded
1/FIZZ' t.~` ~ ~ in the office of the County Recorder for
_ _ County, C^li.fornia, and covering a portion of the hereinabove
described lands and premises.
NOW, THEREFOPu~, the Parties izereto, in consideration of the premises and
of the mutual benefits to be derived by them for the agreement herein contained, do
hereby agree that the said gran*_ of easement and right of c~:av made by First Party
to San Diego Gas ~ Electric Coripany, a corporation, dated ar,d recorded as aforesaid,
covering a portion of tiie hereinabove described lands and premises, shall be and
said easement ~=nd right of ~oay is hereby made paramount to said Deed of Trust and
the lien thereof; t'.n.1t said Deed of Trust, as to the lands and premises hereinabove
described, is hereby subordinated tc said grant of easement and right of way of
San Diego C-as & Llectr_~r. Company, a corporation, and in the event of foreclosure
of said Deed of Trust, t~ze Trustee's sale and conveyance thereunder of the lands
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described therein steal]- be subject to said grant of easement ar.d right of way to
San Diego Ga ~4 Electric Company, a corporation, and said grant of easement and
right of way shall not bo affect°_d thereby.
rN ~•;?TNESS :ti'EIEP.)/OE, t,,e Parties hereto hive set their hands or have
caused this instrument to be executed by the proper officers thereunto duly
authorized the day and year first above written.
Executed in the Preser.ce of_:
k'itness
CITY OP CHULA VISTA, •. a:
'~~unici 1 cor ration' :r ~
`~1, ,
l i`iayor ~ ~ ~~ .
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i City Clerk ,~~ •
"First Party" .,
UNITED CALIFOPNIA BAI~?I{, "~.~~`-''-
Califo/Jr/~(/,ia ~Orpo Lion •
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4 ,!~,• ~
"Second Party"
'rte
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UNITED CALII+ ORNIA BANN, a `,~ ,; '•
California coi~poration r° ~' ~ ~ ,°',
~~~~''
By ~;'-L~L--~ ,ir iii ~,, ~ ~
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• By / ~,JA / ( _ ~)_ / i ji j.. ~l f pry/
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DREI[J'V B Y'. ,,, B i c k l e ~,
C1~ECI~ED BY ............ .
SRETCII NO...R-.1,~2~, , ,
DATE ......~~~ ~~7 ~ .... .
rlohnc No.. ,ZC95.R-P~.. .
~'.i?. !/ 5~>?75 -item t~
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MUNICIPAL CORPORATION FORA'
STATE 0'~' CALIF~R?vTA
couNTy of sAN DIr_co
ss .
ON THIS 8th day of April 1975 before
me, the undersigned, a Notary Public in and for said County .~.d
State res ~~
iding ther~~n, duly commissioned and sworn, personally
appeared _Thomas ll. Ilamiltor_ Jr. known to me to ~~e the
Mayor, and Jennie h•I. Fulasz
knotin to me
tc be the City Clerk of the City of Chula Vista
the municipal corporaticn that executed
the within Instrument, known to me to be the persons who executed
the within Instrument, on behalf of the municipal corporation
therein named, and acknowledged to me that such municipal corx~ora-
tion executed the same. -
~~ITNESS my hand and official seal.
' 7
otary Public in and for said Cour_ty a.nd State
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CORPORATION FOR.n~I
STATE OF ~~- / ° _
%~. ~ C ~- !J .~ 4 -.~~ ~ L1 ~
Y ~ ~ "' S S .
COUNTY OF~f~,_,fC_C~~:.:.•--
ON THIS ~`j~, -~'jt day of i~ j,_t~ 19~, before
me, the undersigned, a Notary Public ~.m' and for, said County and
State, residing therein, duly commissioned and sworn, personally
appeared ~=`1;`~~ _~~ ~~~' ~~..~,, ~ known to _„e to
be the '
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`' -< <' ' President and ~/ - , ~~~ ~ ~~,,
•~
;mown to me to be the C: ~ ~ "' ` -_
of - _ •. J. ~-~' ,> r r,-~;~ : f a-cruet=~'
the / !. , . - _ ~ l- ~ ;,S
corporation that.~x~cut~~d the within In~~,trument, known to
me to be the persons who executed the within Instrument, on behalf
of the corporation therein named, and acknowledged to me that
such corporation executed the within Instrument r~ursuant to its
B,y-Laws or a Resolution of its Board of Directors.
?~~IITNESS my hand and official seal.
y~' 3r ~J riosna•r r,s_'~~ r.,~i:~~er~~n ~~ i:/ - t./ .. ' ~~` - -c !~'~
.~Al,'r,~ r2~,~~r•rA: c•~'~-~ ~~ ,{ Nq-tary~ Public in 'and for said County and State
'. ..~ ,- -
^My Commiss!onYE=pines v~u!^4,'i977 !j
COIPORATION FO RN
STATE OF
COUNTY OF
ss.
ON THIS day of 19 before
me, the undersigned, a Notary Public in and for said County and
State, residing therein, duly com~r.;~ssioned ar.d sworn, personally
appeared
]known t o me t o
be the President and
known, to me to be the Secretary
of
the Corporation that executed the within Instrument, known to
me to be the persons who executed the within Instrument, on behalf
of the corporation therein named, and ackno~~~ledFred to me that
such corporation executed the ~~~ithin Instrument ,pursuant to it:
B;~-La~~rs ~ or a Resolution of its Board of Directors .
LaITNESS my hand and official seal.
Votary Public in and for said County and ~` .te
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