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HomeMy WebLinkAboutReso 1987-13077 ~ ~ .... COUNI Y RESOLUTION NO. 13077 ~SOLUTION OF THE CITY CO~CIL OF THE CITY OF CHULA VISTA ACCEPTING, DEDICATING ~D N~ING CERTAIN PROPERTY IN SAID CITY FOR ST~ET ~D HIGHWAY PU~OSES LOCATED ALONG GARRETT AVENUE NO FEE 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 Roger and Wynette Greqg, Richard and Artie Sue Gregg, and Steven F. and Joanne Lee dated the 25th day of March , 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 rposes by the City of Chula Vista. BE IT FURTHER RESOLVED that said real property is hereby officially named GARRETT AVENUE BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized to record said ease- ment in the office of the San Diego County Recorder. Presented by Approved as to form by Rev. 6/82 ' 914 ADOPTED AND APPROVEO BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 16th d~ of Sune ., 19 s7 , by the following vote, to-wit: AYES: Councilmembers Moore, Cex, Nader, Malcolm, McCandliss NAYES: Councilmembers None ABSTAIN: Councilmembers None ABSENT: Councilmembers None S, ~ FE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY thot the above and foregoing is a full, true and correct copy of RESOLUTION N0. 1s077 ,and that the same has not been amended or repealed, DATED"'-/)/,,,//,'/d ,-~,--2 Cl'Pl{ OF CHUIA VISTA CC-660 ~}{~N RECORDEDi }'LEASE f~J~ ~ L !IS INSTRUMENT TO: C~ty O[ Chula Vista ~ O. Box 1087 ~ula Vista, C~ 92012 ~0 f/~S~g~ T-~ DUg S2~CS kBOVS ~O~ ~CO~S~S USg 0~ ~ssesso~ws ~a~cel No. 573-022-02 Easement for Street Purposes ROGER GREGG and WYNE~E GREGG, Husband and Wife, RICHARD GREGG and ARTIE SUE GREGG, Husband and Wife, STEVEN F. LEE and JOANNE LEEr. Husband and Wife do(as) hereby grit, 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, Co~ty of San Diego, State of Califo=ia, described as follows: The easterly 5.00 feet of Lot 14 and the easterly 5.00 feet of the northerly lO.O0 feet of Lot 15 of Glendale Tract, in the City of Chula Vista, County of San Diego, State of Califopnia, according to Map thereof No. 1510, filed in the Office of the County Recorder of said County December 12, 1912. E-77 ,j, 916 The Grantor hereby further grants to the City of Chula Vista the privilege - d right to extend drainage structures and excavation and embankmeht slopes jond the limits of the herein described right-of-way where required for the construction and maintenance of said public street. RESERVING unto grantor 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 r. oad 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. the undersigned, a Notary Public an and ' _lsaidState, person lly appeared ~rz ./- ~){.,',U~--~-/-~"~E,~.~ . /JOANNt- LEE '~/ SUBORDINATION AGREEMENT WHEREAS, the owner of that certain property hereinafter described has granted to the City of Chula Vista, a municpal corporation, in the County of San Diego, State of California, the permanent easement and right of way. LOT 14 AND THE NORTHERLY 10 FEET OF LOT 15, GLENDALE TRACT, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO MAP THEREOF NO. 1510, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DECEMBER 19, 1912. AND WHEREAS, Pacific Commerce Bank is hereinafter known as the BENEFICIARY; and Pacific Commerce Bank is hereinafter known as the TRUSTEE as of the date of this instrument under that certain deed of trust executed by Roger Gregg & Wynette Gregg, Husband & Wife as to an undivided 1/3 interest. & Richard Gregg &Artie Sue Gregg, husband & wife as to an undivided 1/3 interest, & Steven F. Lee & Joanne Lee. husband and wife as to an undivided 1/3 iDterest, all as tenants ~n common. to secure a real estate promissory note for $280,000, Two Hundred Eiqhty Thousand and no/100 with interest dated 2/27/87 and recorded 3~10/87 in o~ic,a~ Records of the San Diego County Recorder, covering the property herelnabove described, as Instrument NO. 87-124770. AND WHEREAS, the BENEFICIARY affirms that they are the owner and holder o~ the hereinabove described trust deed note, and are hepeby 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 23rd day of March, 1987. AS TRUSTEE: AS BENEFICIARY: · , ~ SAFECO ~ · TITLE INSURANCE ~h ~ ' S.S. ~o On thisthe ~5 ~dayof /'Y2..~rg(l//19~'~before me. ........ personally .~t.,~. OFFICIAL S,:A~ ;-':~=' ~Z:,,:,,,,~ ~ DANA M. SHOCARO 95 ' 35?649 WI{EN R~COR. DED, PLEASE MAIL THIS INSTRUaNT ~ o~ Chu~a ~s~a , O. Box 1087 ~;.. NO T~SFER T~ DUE ' -- SPACE ~OVE FOR ECO~ER'S USE ONLY Assessor ' s Parcel No. Easement for Street Purposes Thrifty Oil, a California Corporation 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 ' llows: That portion of Parcel No. 1 of Parcel Map No. 32, in the City of Chula Vista, County of San Diego, State of California, filed in the office of the County Recorder of said county January 5, 1968 as file no. 2947 of official records being a division of lots 100, 101, 104, 105 and 106 of Kuebler Terrace No. 7 according to Map No. 2917, filed in the office of said County Recorder October 17, 1952 and being described as follows: Beginning at the most Southerly corner of said Parcel 1; thence N.18°38'OO"W., 109.31 feet along the Westerly line of said Parcel to the beginning of a tangent curve concave Southeasterly and having a radius of 15.00 feet; thence Northwesterly, Northerly and Northeasterly 23.58 feet along said curve through a central angle of 90°03'40"; thence tangent to said curve N.71°25'40"E., 118.93 feet along the Northerly line of said Parcel; thence S.18°38'00"E., 2.00 feet along the Easterly line of said Parcel to a line that is parallel with and 2.00 feet Southerly of said Northerly line; thence S.71°25'40"W., 104.42 feet along said parallel line to the beginning of a tangent curve concave Southeasterly and having a radius of 26.50 feet; thence Westerly, Southwesterly and Southerly 41.65 feet along said curve through a central angle of 90°03'40"; thence tangent to said curve and parallel to the Westerly line of said Parcel S.18°38'00"E., 95.80 feet to the Southerly line of said Parcel; thence S.71°25'40"W., 3.00 feet along said Southerly line to the Point of Beginning. fE-77 The Grantor hereby further grants to the City of Chula Vista th~ p~ivile~e and right to extend drainage structures and excavation and embankment slope beyond the limits of the herein described right-of-way where required for the construction and maintenance of said public street. RESERVING unt~ .~ grantor of the above described parcel of land, his successors or assign~> 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'~ remaining property contiguous to the right-of-way hereby conveyed by reason of the location, constructior landscaping or maintenance of said public street. Dated this ~PT'H day of ~"~EU}~R~ , 19 ! lh~ifty fii] C0mDanv STATE OF CALIFORNIA ) SS COUNTY OF ~cs ~ ~ ,~' ~ ~ ~ ) On ~u~/.~]'~ Lq~ before me, the und~rsignee, a Notary Public in and for said State, personally appeared to be the person whose name ~5 subscribed to the w"~in instrument and acknowledged that 4~2 executed the same. WITNESS my hand and official seal. signa . Name (Typed or Printed) ~NE H. MESH t -- ,, 954 C/4ULA VISTA ~ CAL#F. ., F" ~: "N" ~: ~, ~'.'-_,' ."."~,~~;' - _. . . ....;, . I D , .C .: 4h b ~ ., i LI, J ' ~ 5 i ~ !i ~71~'~u /:~o..~s" _.,._ ' ,~_~o~, ~2 "¢-0" /33,~5'