HomeMy WebLinkAboutReso 1987-12863 790
RESOLUTION NO. 12863
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING GRANT OF EASEMENT FROM
GLENN T. MOYERS AND PEGGY MOYERS FOR STREET
TREE PURPOSES ALONG FOURTH AVENUE SOUTH OF
ORSETT STREET
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 easement
for street tree purposes
executed by Glenn T. Moyers and Peggy Moyers
dated the 17th day of September , 198 6 , a
copy of which is attached hereto and by this reference made a
part hereof as though fully set forth herein, be and the same is
hereby accepted by the City of Chula Vista.
BE IT FURTHER RESOLVED that the City Clerk of the City
of Chula Vista be, and she is hereby authorized and directed to
record said easement in the office of the San Diego County
Recorder.
Approve~ as to form by
Presented
by
J/~hn P. Li~pi~ , or of . ThOmas J. /M~rron, City
~blic Works/City Engineer '.Attorney
0361a
Form 320
Rev. 2-86
J.',* 791
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 6th (Jay of. January
19 ~7 , by the following vote, to-wit:
AYES: Councilmembers Malcolm, HcCandliss, Cox, _Moore, Nader
NAYES: Councilmembers None
ABSTAIN: Counci lmembers None
ABSENT: Counci lmembers None
Mayor C f Vista
/ City Clerk' ,~
STATE 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 that the above and foregoing is o full, true and correct copy of
RESOLUTION NO. 12865 ,and that the same has not been omendedor repealed.
DATEDd~//''7-¢~-' ? / ~,~ ~
Clff OF
CHU VI A
CC-660
.'- GRZ~NT OF EASEMENT - FOR STI~ET T~E PU~OSES ...........
FOR A V~U~LE CONSIDE~TION, receipt of which is hereby
acknowl6dged, the undersigned do/does hereby grant to'the City of
Chula Vis~a, in the County of San Diego, State of California, an
easement and right of way for, and the right to plant, maintain,
replace or remove trees in, upon, over and across that certain
real property situated in the City of Chula Vista, County of San
Diego, State of California, and more particularly described as follows:
BEING THE EASTE~Y 5.5 FEET OF THE SOUTHE~Y 65 FEET OF THE SOUTHE~Y 110.00 FEET
OF 5 AC~ LOT ~O. 12, IN QUARTER SECTION 144, ~CHO DE ~ NACION, IN THE CITY
OF CHU~ VISTA, COUNTY OF S~ DIEGO, STATE OF CALIFO~IA, ACCO~ING TO THE ~P
THE~OF NO. 505, FILED IN THE OFFICE OF THE COUNTY ~CO~ER OF SAN DIEGo COUNTY
~CO~ED ~Y 29, 1968, ~ FI~ NO. 90116 FOR ~'~T P~D~I~ ~O~I~ S~D P~
together with the right to enter upon and to pass and repass over and
along said easement ~d right of way and to deposit tools, i~plements
~d other materials thereon by said City of Chula Vista~ its officers,
agents and employees and by any contractor, his agents and employees
engaged by said City, whenever and wherever necessary for the purposes
above set forth:
~,~* ~,m ~ ~igbt l':~ld this 17th day of SePtember
.......... ....... , 19
I Glenn T. Moyers
Pegg~.~s .
COUNTY OF SAN DIEGO )
On ~d.s 17th ~entemher
day of '_
........... ~uu ..................... ~%, a Notary Public in and for the
said County of San Diego, State of California, residing therein, duly
co~,~issione, d ar.d sworn, personally appeared Clenn m. ~oyers and
PeF~y ~oyers~%~*~ , ~M~SA~xR~ ~ to be the person whose
names ares~scribe~ to the within instr~ent and t hey duly acknowledged
to me that t he Y executed the s~e.
(proved to me on the basis of satisfactorv evidence).
IN WITNESS WHE~OF, I have hereunto set my h~d and affixed my
official seal, at my office in the County of San Diego, the day and
year in this certificate first above written.
California
-32'
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 for street tree purposes, with the
right to plant, maintain, replace or remove trees in, upon, over
and across the following described property:
Being the Easterly 5.5 Feet of the Southerly 65 Feet of the
Southerly 110.00 Feet of 5 Acre Lot. No. 12, in Quarter Section
144, Rancho De La Nacion, in the City of Chula Vista, County of
San Diego, State of California, according to the Map thereof No.
505, filed in the office of the County Recorder of San Diego
County on March I3, 1888.
Excepting therefrom the Westerly 376 Fees.
Also excepting therefrom that portion described in deed to the County
of San Diego, recorded May 29, 1968, as File No. 90116 for street
widening adjoining said parcel on the East.
AND WHEREAS, Coast Savings and Loan Association, a California Corporation,
formerly, Coast Federal Savings and Loan Association of Los Angeles, a
United States Corporation, successor to First Federal Savings and Loan
Association of San Diego is hereinafter known as the BENEFICIARY; and
Coast Fed Services, a California Corporation, formerly CFS Service
Corporation, successor to Fidelity and Guarantee Company, a Corporation is
hereinafter known as the TRUSTEE as of the date of this instrument under
that certain deed of trust executed by Glenn T. Moyers and Peggy Moyers,
Husband and Wife to secure their note for ($43,200.00) Forty Three
Thousand Two Hundred Dollars with interest dated October 21, 1978 and
recorded November 15, 1978 in Official Records of the San Diego County
Recorder, covering the property hereinabove described, as Instrument
No. 78-494486.
CAT, NO. NN00737
TO 1945 CA (8--84)
(Corporation} ~)- ? 9.3. TICOR TITLE INSURANCE
STATE OF' CALIFORNIA
COUNTY OF Los Angel ag SS,
On December 4, 1986 before me, the ~n~a~ k-:~bi~i~rjit~, ~hd or
said State, personally appeared Donald E. Goetz ~o '~'5'~ ~l~/~tL L, ~RIfl~S-h~LIFIEID
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
Presktent, and Llana D. Hall
personally known to me or '
proved to me on the basis of satisfactory evidence to be , ' ? ',5 .... T~ ~5-HOLIFIELb '
the person who executed the within instrument as the
Vice President ~ of the Corporation
that executed the within instrument and acknowledged
to me that such corporation executed the within instru-
ment pursuant to its by-laws or a resolution of its
board of directors,
WITNESS mv hand and official seal. ~ .
Signat'ure ~~~:57~~-~ '~ (This area for official notarial seal)
CAT. NO. NN00737
TO 1945 CA (8--84)
(Corporation) ~ TICOR TITLE INSURANCE
STATE OF CALIFORNIA
COUNTY OF Los Angeles?
On December 4, 1986
before me, the undersigned, a Notary Public in and for
said State, personally appeared Mar~e Hafen
personally known to me or proved to me on the basis
of satisfactory evidence to be the person who executed
the ~ithin instrument as the
President, and Nary Lou ~eOer
personally known to me or
proved to me on the basis of satisfactory evidence to be
thc person who executed the within instrument as the
Secretary of the Corporation
that executed the within instrumen~ and acknowledged
to me that such corporation executed the within instru-
ment put, bant to its by-laws or a resol.ution of its
board of;directors. '
COUNCIL AGENDA STAll~MENT
Item 10
Meeting Date 1/6/86
ITEM TITLE: Resolution/~o~Accepting grant of easement for street tree
purposes along Fourth Avenue south of Orsett Street
SUBMITTED BY: Director of Public Works/City Engineer ~//
REVIEWED BY: City Manage~ (4/Sths Vote: Yes__No X )
On April 14, 1986, Tentative Parcel Map No. 86-12 was conditionally approved
by the Engineering and Planning Departments. Among the conditions of approval
was the requirement that the owners comply with all applicable sections of the
Chula Vista Municipal Code. Section 18.32.110 of the Chula Vista Municipal
Code also requires the subdivider to grant a street tree planting easement.
This grant of easement is now before the City Council for approval.
RECOI~MENDATION: That Council adopt the resolution as listed in the title
hereto.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The subject property is in the Montgomery Annexation area. Tentative Parcel
Map 86-12 was reviewed by the Engineering and Planning Departments. Among the
conditions of approval that must be complied with prior to the approval of the
Final Parcel Map is the following item: That the owners grant a 5.5 foot wide
easement for street tree planting and maintenance purposes along Fourth Avenue
within the subject property as required by the Chula Vista Municipal Code.
A subordination agreement has been signed by the Trustee and Beneficiary under
a deed of trust for the subject property subordinating their rights to the
interest of the City.
The owners are responsible for the construction of street improvements along
the full frontage of Parcel 2 on Fourth Avenue and along Orsett Street for the
entire length of a 40 foot wide access easement.
An exhibit is available for Council viewing.
FISCAL IMPACT: Not applicable.
SMR: fp
WPC 2510E
,Dy the City Council of
Chula Vista, California