HomeMy WebLinkAboutReso 1987-13208 1~ECORD NG REQUES1ED 8Y '~ [
IdqD MAIL TO:
City Clerk 746 I
City of Chula Vista
RESOLUTION NO. 13208
VISTA ACCZ~Z~G~ D~DZCA~Z~C ~D ~ZHG CS~AZH
PROPERTY IN SAID CITY FOR ST~ET ~D HIGHWAY
LOCATED AT "F" STREET AND LANDIS 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 Adler General Partnership
a California qeneral partnership
dated the 10th day of June , 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
.nurposes by the City of Chula Vista.
BE IT FURTHER RESOLVED that said real property is hereby
officially named "F" Street and Landis 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
John P. L rector of J~ . on City Attorney
Public Works/City Engineer
Form 314
Rev. 6/82
,, 747
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
C, rIULA VISTA, CALIFORNIA, this.. 25th day of
19 87 , by the following vote, to-wit:
AYES: Councilmembers Moore, Nader, McCandliss, Cox
NAYES: Cound]membe~s ~one
ABSTAIN: Counci ] members ~one
ABSENT: Counci ]members
~~e ~of Chula Vista
ATTEST
,TE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio,
DO HEREBY CERTIFY that the above and foregoing is a full, true ond correct copy of
RESOLUTION N0, 1,3208 ,ond that the same hos not been amended or repealed.
DATED~ZT, z2,Z~_~,
~/"' City 'Cle
OF
CHU VI A
CC-660
. '~I{EN' RECORDED, PLEASE MAIL
O. Box 1087 '
Ula Vista, CA 92012
NO T~SFER T~ DUE
Assessor' s Parcel
No. 568-151-04,05,06 & 07
Easement for Street Purposes
Adler Genera] PartnershiD: a California ~ener~l psrtn~r~|]iD
do(es) hereby grant, convey and dedicate to the CITY OF CHUIA 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
follows:
See Exhibit "A"
PW-E-77
749
The Grantor hereby further grants to the City of Chula Vista the privilege
and right to extend drainage structures and excavation and embankment slopes
beyond the limits of the herein described right-of-way where required for
~he construction and maintenance of said public street. RESERVING unto
~rantor of the above described parcel of land, his successors or assigns,
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, construction,
landscaping or maintenance of said public street.
Dated this l O day of 5~'~ ~ , 19 ~ 7
~ler C~ersl Partner~hlp.
a CalJlrn]/~i General Partnership
STATE OF CALIFORNIA )SS NATI~!S.~DL~ER, General Partner
COUNTY OF San Diego )
On June I0~ 1987 before me,
the undersigned, a Notary Public in and
for said State, personally appeared
Nathan S. Adler
to be the person whose name is
subscribed to the w"~in instrument ~~
and acknowledged that he executed OFFICIAL SEAL
CARMEN C BLASS
the same. NOTARy' PUBLIC CALIFORNIA
~AN DIEGO COt~NTY
WITNESS my hand and o~ficial seal. My c0mm. expires ~T 13, 1990
Carmen C. Blass
Name ~yped or Printed)
· . 750
J.N. 10725B
March 16, 1987 Ref. 2232
EXHIBIT "A"
LEGAL DESCRIPTION
EASEMENT FOR STREET PURPOSES:
ALL THAT PORTION OF LOT 13, IN BLOCK "F" OF MOHNIKE'S SUBDIVISION, OF LOT
15 IN QUARTER SECTION 137 OF CHULA VISTA, IN THE CITY OF CHULA VISTA,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
128~, FILED IN THE OFFICE OF THE COUNTy RECORDER OF SAN DIEGO COUNTY,
SEPTEMBER 12, 1910 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 13; THENCE SOUTH 70°58'56"
WEST ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF "F" STREET A DISTANCE OF
13-95 FEET TO A POINT OF CUSP, TANGENT TO SAID RIGHT-OF-WAY LINE, WITH A
CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 1~.00 FEET; THENCE
NORTHEASTERLY 21.9~ FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTHAL
ANGLE OF 89'~7'57" TO A POINT OF CUSP TANGENT TO THE WESTERLY RIGHT-OF-WAY
LINE OF LANDIS AVENUE; THENCE SOUTH 18°~9'01" EAST 13.95 FEET TO THE POINT
OF BEGINNING.
STATE OF CALIFORNIA San Diego
COUNTY OF _
On June 12~ 1987 _ ,beforeme, theundersigned, a Notary Public in and for
said State, personaffy appeared
facto~ evidence) to be the person that executed the within
' ' OFFICIAL SEAL
on behalf of Ajl~ General Partner8h~ DEN~SE G OZBUN
earl Dl~00 COU~
therein named and acknowledged to me that the padnership
_ _= (This area for official notarial seal)
~ ~°OIHT OY S6GINNING
"F" ~ T.
SHOLDEItS & SANFOliD, INC.
Iztannin~ Engineering 5uffeylng
3,5~9 Fifth Avenue, San Diego, CA 92103
(619) 2gg-7272
City of Chula Vista ' S~0RDINATION AGREEME~ 0 F N U~E:O C{]~N TY, CA.,
O. BOx 1087'
~)Chula Vista, ~ 92012 ~7 SEe -8 AM ~1:~2
~ER~S, the o~eF oF that certain pPopePt~ hePeinafte
Cun
~F~ted to the City of Chula Vista, a m~icipal coFpoFati~?'in the o
of S~ DieEo, State of California, the peFm~ent easement ~d
Fight-oF-way.
(LEGAL DESCRIPTION 0F PROPERTY IS ATTACHED AS EXHIBIT "A")
AND WHEREAS, CALIFO~IA FIRST BANK is hereinafter known as the
BENEFICIARY; ~d CALIFORNIA FIRST BANK, a California B~king Corporation
is hereinafter known as the TRUSTEE as of the date of this instrument
under that certain deed of trust executed by ADLER PARTNERSHIP, a
California General Partnership to secure a note for One Million, Six
Hundred ~enty-Four Thous~d Dollars ($1,624,000.00) with interest dated
April 29, 1987 m~d recorded April 30, 1987 in Official Records of the
Diego County Recorder, covering the property hereinabove described, as
Instrument No. 87-235246.
AND WHEREAS, the BENEFICI~Y affirms that they are the owner ~d holder of
the hereinabove described trust deed note, ~d do hereby direct
authorize said TRUSTEE to join in the execution of this instrument.
NOW, THEREFORE, fop ~d in consideration of the benefits to accrue to the
above described l~d by accept~ce of said easement by said City of Chula
Vista, the undersized expressly subordinates all Fight, title
interest in ~d 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 priop and superior to
the lien of the deed of trust hereinabove described.
IN WITNESS WHEREOF, the B~EFICIARY ~d the TRUSTEE have caused this
instrument to be executed this 10~ day of J~e 19 87 ·
~FOP~ FIST ~, A ~~ ~ ~~ FIST ~, A ~ID~ ~EG
AS TRUSTEE: ~E~TION AS BENEFICIARY: COE~TION
C~OLYN A. RMC~, VICE P~T '
753
J.N. 10725B
March 16, 1987 Ref. 2232
EXHIBIT "A"
LEGAL DESCRIPTION
EASF~IENT FOR STREET PURPOSES:
ALL THAT PORTION OF LOT 13, IN BLOCK "F" OF MOHNIKE'S SUBDIVISION, OF LOT
15 IN QUARTER SECTION 137 OF CRULA VISTA, IN THE CITY OF CHULA VISTA,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AC, CA3RDING TO MAP THEREOF NO.
1284, FILED IN THE OFFICE OF THE COUNTY RECORDED OF SAN DIEGO COUNTY,
SEPTEMBER 12, 1910 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 13; THENCE SOUTH 70°58'56"
WEST ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF "F" STREET A DISTANCE OF
13-95 FEET TO A POINT OF CUSP, TANGENT TO SAID RIGHT-OF-WAY LINE, WITH A
CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 14.00 FEET; THENCE
NORTHEASTERLY 21.94 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 89°~7'57'' TO A POINT OF CUSP TANGENT TO THE WESTERLY RIGHT-OF-WAY
LINE OF LANDIS AVENUE; THENCE SOUTH 18'~9'01" EAST 13.95 FEET TO THE POINT
OF BEGINNING.
,9,s nA TICOR TITLE INSURANCE
(Corporation)
STATE OF CALIFORNIA }
COUNTY OF StZ~q DZE]GO SS.
On JUNE 10r 1987. before me, the undersigned, a Notary Public in and for
said State, personally appeared DAVID R. TN'AT.q~W.q
personally known to me or proved to me on the basis
of satisfactory evidence to be the person who executed
the within instrument as the VICE
President, and F]C~X~qA T, OnT~nTft, r
pe~son~If~;' known to me or OFFICIAL SEAL
proved to me on the basis of satisfactory evidence to be ~ ROSA A. MACIAS
the person who executed the within instrument as the N01ARY PUBLIC-CALiFORNiA
1:~ .T_Oz~N 0FFTCE~ S~/~z/a/J of the Corporation PRINCIPAL OFFICE
that executed the within instrument and acknowledged S~N DIEGO COUNTY
to me that such corporation executed the withiD instru- My Commission Exp. July 11, 1989
ment pursuant to its by-laws or a resolution of its .A%'4'.~%%
board of directo
,*CT/~ ~~ (This area for official notarial seal)
~ /I/. d~ I-{.
~ IV 70° 5~~ E /r~,D8~
, ,PO/NT O~= ~G/HHING
EA,~clvlENT FOA' ,~ TI~EE T PURP056~
$CAL&=: /t~_-4 ·
SHOLDERS & SANFORD, INC
City Clerk ~ 755
City of, Chula Vista
P..O, Box 1087' SUBORDINATION AGREEMENT
Chula Vista, CA 92012
W}tEREAS, 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 ATTACHED AS EXHIBIT "A")
AND WHEREAS, ROBERT W. FUSON, as Trustee UDT Dated December 19, 1983,
Wherein WILLIMA W. FUSON and MARJORIE FUSON are trustors, or any successor
trustee thereunder is hereinafter known as the BENEFICIARY; and FIRST AMERICAN
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 Adler General Partnership to secure a note for Three Hundred
Eighteen Thousand Seven Hundred Fifty Dollars ($318,750.00) with interest
dated September 2, 1986 and recorded September 15, 1986 in Official Records
of the San Diego County Recorder, covering the property hereinabove described,
as Instrument No. 86-405571
AND WHEREAS, the BENEFICIARY affirms that the~ are the owner and holder of
the hereinabeve described trust deed note, and do 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 o~ Chula,
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 lOth day of June , 19 g7
AS TRUSTEE: AS BENEFICIARY:
757
'i J.N. 10725B
Mal'ch 16, 1987 Ref. 2232
EXHIBIT "A"
LEGAL DESCRIPTION
EASEMENT FOR STREET PURPOSES:
ALL THAT PORTION OF LOT 13, IN BLOCK "F" OF MOHNIKE'S SUBDIVISION, OF LOT
15 IN QUARTER SECTION 137 OF CHULA VISTA, IN THE CITY OF CHULA VISTA,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF N0.
1284, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
SEPTEMBER 12, 1910 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 13; THENCE SOUTH 70°58'56''
WEST ALONG THE NORTHERLY RIGHT-0F'-WAY LINE OF "F" STREET A DISTANCE OF
13.95 FEET TO A POINT OF CUSP, TANGENT TO SAID RIGHT-OF-WAY LINE, WITH A
CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 14.00 FEET; THENCE
NORTHEASTERLY 21.94 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 89°47'57" TO A POINT OF CUSP TANGENT TO THE WESTERLY RIGHT-OF-WAY
LINE OF LANDIS AVENUE; THENCE SOUTH 18°49'01" EAST 13.95 FEET TO THE POINT
OF BEGINNING.
~ /11. 4,F/ /3..
~ N 70 ° E 16..D.~/
, /°O/NT O~ 8~G/MNIN~
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