HomeMy WebLinkAboutReso 1987-12942 ,,, 1514 87 160108
/~ ~ -~ RESOLUTION NO. 12942
~DSO~D~ON O~ ~ C~ COD~CZ~ O~
~C~O DD~ SD~ ~O~ D~Z~G~ ~CC~SS ~O ~O~S
Z05~ Z06 ~D Z0~ O~ C~D~ VZS~ ~OODS SD~D~VZS~O~
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 drainage access to Lots 105, 106 and 107-Chula Vista Woods Sub.
executed by Rancho Del Sur
dated the 30th day of January , 1987 , a
copy of wh~c-~ 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.
Presented by Approved as to form by
Jc~nPn P. Lippittl,'Director of ~omas J~H~rron, City
p~blic'works/City Engineer ~-~Attorney ~/
0361a
Form 320
Rev. 2-86
1515
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 17th day of March
19 87 , by the following vote, to-wit:
AYES: Councilmembers Cox, McCandliss, Malcolm, Nader, Moore
NAYES: Counci 1 members None
ABSTAIN: Counci lmembers None
ABSENT: Counci lmembers None
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s.
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 a full, true and correct copy of
RESOLUTION NO. 12942
,and that the same has not been amended or repealed.
DATED
City Clerk
CI'IY OF
CHUIA VISI'A
CC-660
GRANT OF EASEMENT--FOR ACCESS PURPOSES
FOR A VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged, the undersigned do/does hereby grant to the City of
Chula Vista, in the County of San Diego, State of California, an
easement for access upon, over and across that certain real property
situated in the County of San Diego, State of California, and more
particularly described as follows:
See Attached Exhibit "A"
together with the right to enter upon and to pass and repass over
and along said easement and right-of-way and to deposit tools,
implements and 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, whichever and wherever necessary
for the purposes above set forth:
WITNESS our hands this 30th day of January 19 87
RANCHO DEL SUR, a California General
Partnership
By: GADCo Investment Partnership II,
a California Limited Partnership,
General Partner
By: Great American Development Company,
General Partner
Lawrence A. Executive V.P.
BY~~c~ President
By: Mesa Del Oro Associates,
a California General Partnership,.
General Partner
By: Mesa~el Oro, InTc.,~neral Partner
Gardner-, ~r., Pr~sid nt
/~ John W. ~'~e
, ,,
Azul, I c., ral Partner
Wi nald Gardner, President
By: KG Otay Associates, Ltd.,
a California Limited Partnership,
General Partner
Will~rn~atric~er, President
By: GTK, Inc., General Partner
I ' -~r'~ T~o~ Kruer, President
By: MRL, I n:~ Gener:a.> PartnD~ *
Mathew Ronald Loonin, President
By: Guttman Construction, Inc.,
General Partner
//' Jack A. Guttman, President
~-'~'I~Y .~L)'~"~'~t~ ~~~--- ' ' a,.~: ~. '"~'-,7~. ~, ~ 1.4 /..L..~ ~..J ~.., ~N°ta;Y Public in ~sai~ county and state',
~ ........~,~ ~mp~area ~ ~~~, person~ly~~ known ~o me ~or proved ~ me on
~~ ~he parmcr~hip ~hat ..... ted the ~,~hin
n ~n]C~% ,a Notary Public m and for said .... t~ and state.
_~_~~~A[ ~~ pe.ona]lyknow, tome(or pro,cd ,o me on
the basis of ,thc corporalion be~hattheexecuted t~e, ho~dthinexecuted]nstrumc~tthe ithinand
" 1519
COUNTY OF ~ /
On /~-'-~-~ ~' ,"~/-~, ~ ~/ jq~7, before me, the undersigned, a
'rI~r, r,'r~-/ ' ' ' ll
Notary// Public ~ iln and~fov/ saiQ County and State, persona . y
appe ar~d ~.~/~ ~ ~/.
~v~d ~o~sya_-o~-t-h~-~-~--o~--sa-~s-~a~o~''ev~oen~ Eo se Ene
person who executgd ~he within instrument as the .~~ ~/~
President, and ~, ~ ~~ personally known to
me or proved to me ~_the basis of satisfactory evidence to be
the person who execu~d thelwithin ~strum~t as the ~.~
President of ~.F~,~(C~A ~~%~ ~0~ the
corporation ~t e/xecu~e~ the ~ithin i~s~ment as ~ general
partner of ~.0 ~~~ ~~ ~ t~
general partner of
partnership that executed the within instrument, and acknowledged
to me that they executed the same as partners of the partnership
sam
partner of~'~ ~' ~3~ and that said last named
partnership executed the same.
Witness my hand and official seal.
Notary~-~u~l~c ~n and ~or sa~d County and S~ate
STATE OF CALIFORNIA
COUNTY OF San Diemo
On January 30, 1987 , before me, the undersigned, a
Notary Public in and for said County and State, personally
appeared William Patrick Kruer
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
President of WPK, Inc. the
corporation that executed the within instrument as general partner of
KG Otay Associates, Ltd. as general partner of
P~nrhn D~I ~.r the partnership that executed the
within instrument, and acknowledged to me that they executed the same
as partners of the partnership first above named, that said partnership
executed the same as a partner of Rancho Del Sur
and that said last named partnership executed the same.
Witness my hand and official seal. °*~°*°''*°°'°*°~°~°°*+~°~*'°~*
OFFICIAL SEAL
~tar~ P~b].ic inked for said ~ounty and State ~MyComm. ExpJan. 29, i990,
STATE OF CALIFORNIA
COUNTY OF San Diego
On Janaury 30, 1987 , before me, the undersigned, a
Notary Public in and for said County and State, personally
appeared George Thomas Kruer
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
President of GTK, Inc. the
corporation that executed the within instrument as general partner of
KG 0TAY ASSOCIATES, LTD. as general partner of
RANCHO DEL SUR the partnership that executed the
within instr,lment, and acknowledged to me that they executed the same
as partners of the partnership first above named, that said partnership
executed the same as a partner of ~NCHO DEL SUR
and that said last named partnership executed the same.
Witness my hand and official seal. ~.~....~..~.~.~.~...~.
~ ~~said and State ~ff~ *
' LIND,':' M. Ga ~ES ~
· **~/~ MyOomm Exp Jan 29, 1990~
STATE OF CALIFORNIA
COUNTY OF ~
San ~ego
On January 30, 1987 , before me, the nnderstgned, a
Notary Pnblic in and for said County and State personai.ly
appeared Mathew Ronald Loonin '
persooally known to me or proved to me on the basis of satisfactory
evidence to be the person who executed the within instrument as the
President of MRL, INC.
the
corporation that executed the within instrument as general partner of
KG OTAY ASSOCIATES, LTD.
as general partner of
~NCHO DEL SUR
the partnership tbat execnted the
within instrumeot, and acknow[edged to me that they executed the same
as partners of the partnership first above named, that said partnership
execnted the same as a partner of ~NCHO DEL SUR
and that said last named partnership executed the same.
Witness my hand and official seal.
' ' h~ LtNDA M. GAINES ,,
~otary PtFblic ia(~d for s~Count} and Stat~ : k'*~[~/ P~,nc,~a'OSicem "
~ ~ My Comm. Ex~ Jan 29. i990~
STATE OF CALIFORNIA
COUNTY OF ~n D~ego
On JANUARY 30, 1987 __ , before me, the undersigned, a
Notary Public In aod for said Connty and State, personally
appeared Jack A. Guttman
personally known to me or proved to me on the basis of satisfactory
evidence to be the person who execnted the within instrument as the
President of GUTT~N CONSTRUCTION, INC.
the
corporation that executed the witbiu instrument as general partner
KG OTAY ASSOCIATES, LTD.
aa general partner of
__~ANC~ DEL S~ the partnership that e~ecnt~d th~
within instrumeo~, and acknowledged to me that they execnted the same
as partners of the partnersMp first above named, that said partnership
executed the same as a partner of ~NCHO DEL SUR
and that said last named partnership executed the same.
Witness my }mhd and official seal.
r said County and State
MyComm. Exp Jan 29, 1990~
' '. ' ' 1522
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.
See attached Exhibit "A"
(LEGAL DESCRIPTION OF PROPERI~ IS ATTACHED)
AND WHEREAS, GP~T AMERICAN FIP~ST SAVINGS B~N~K, a California Corporation
' is hereinafter known as the BENEFICIARY; ~nd CALIFORNIA CoENEPJkL IvlORTC~(~E SERVICE, IN(].
is hereinafter known as the TRUSTEE as of the date of this instrument under
that certain deed of trust executed by RA~HO DEL SUR, a California general pa-~nership
to secure (a) note())) for ($ 26,500,000.00 ) SWEhFi%~ SIX MILLION FZVE I-~]NqDRED
with interest dated Jull} 31,-1986 and recorded August 1, 1986 ' '
in Official Records of the San Diego County Recorder, covering the property
hereinabove described, as Instrument No. 86-323967
AND WHEREAS, the BENEFICIARY affirms that thqy are ' the Owner
and holder of the hereinabove described trust deed no~e,
hereby direct and authorize said TRUSTEE to join in the executio~ 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. 6th day of ~ebruary , 19_ 87.
$LS TRUSTEE: AS BENEFICIARY: .'
CALIFORNIA GENERAL MORTGAGE SERVICE, INC. GREAT AMERICAN FIRST SAVINGS BANK,
a~Co.rporation ~a ~ '
Charles J. D.aniel, Assistant V.P.
, ' , / ~, First Vice Presidgnt
Anne M. Rolli, Authorized Signator &ZDianne A. owe, Assistant V.P.
WPC 2435E
1523
· STATE OF CALIFORNIA
, ,, ¥ San Dieqo
COUNT OF
On Febr~ 9, 1987 before me, the undersigned, a Notary Public in and for said
State. personally appeared - Ro~ald J. W~e . personally known to me (or proved to me
' 1st Vice . ~.. Diane A. L~
known t,, m,' to be ~st. Vice Press~ of the corporation that executed the within Instrument,
qignatur
/ STATE OF CALIFORNIA / ' )
COUNT~ 0F ~ ~. ~' ,z~-:-,~ ~ ~;, ~, ~ ~'
On . ,5: dd~-~eg' .- / '~' '~ before me, the undersigned, a Nota~ Public in and for
said State, personally appehred (/,,, .~,-.~. ~.~ ,, fl
personally known to me or proved to me on the basig
of satisfactory evidence to be the pe~on who executed
the within instrument as the.-5; ' ' ~~ ;/,- ,'
President, and ~/ :~ ~,.~-, ~ ,, ~ :~, ¢~ ~
personMly
known
to
mc or
proved to me on the basis of satisfactory c~dence to bc
the person who cxecutedl~e within instrument as the
board of directors.
WITNESS myband and official seal'.
Signature, ..... ~ ~c ~- , ,,.,- ~ :;~-.,r Z
(This ~¢a
·:* . EXHIBIT "A" ,-- ,. 1524
'-*. LEGAL DESCRIPTION
DRAINAGE ACCESS EASEMENT
BEING A STRIP OF LAND 10.00 FEET WIDE LYING WITHIN QUARTER SECTION 67 OF RANCHO
DE LA NACION IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
TREREOF NO. 166 RECORDED MAY 11, 1869 IN THE OFFICE 'OF 33{E COUNTY RECORDER OF
SAID COU~, THE CENTERLINE OF SAID STRIP DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF LOT 107 OF CITY OF CHULA VISTA
TRACT NO. 84-13 ACCORDING TO MAP THEREOF NO. 11576 IN THE CITY OF CHULA VISTA,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA RECORDED 3ULY 10, 1986 IN THE OFFICE
OF SAID COUNTY RECORDER DISTANT THEREON SOUTH 72'10'01" WEST 6.20 FEET FROM THE
MOST EASTERLY CORNER THEREOF; ~CE SOUTH 54'02'26" EAST 4.93 FEET; THENCE
SOUTH 82'33' 18" EAST 306.83 FEET TO A 600.00 FOOT RADIUS CURVE CONCAVE
NORTHERLY; THt~NCE ALONG THE ARC OF SAID CURVE '143.58 FEET THRU A CEN~L ANGLE
OF 13'42'38" TO THE POINT OF /~INUS ON THE WESTERLY RIGHT OF WAY OF MEDICAL
CENTER DRIVE (FORMERLY BRANDYWINE AVENUE).
THE SIDELINES OF SAID STRIP TO TERMINATE NORTHWESTERLY IN THE SOU/"HERLY LINE OF
SAID LOT 107 AND TERMINATE SOUTHEASTERLY IN THE WESTERLY RIGHT OF WAY OF SAID
MEDICAL CENTER DRIVE.
07863 XTRA
JY
1-7-87
~. . . F_A~£IdE_41T ,~ UI.~I T?04/ AND ,/A~A T/~24~ t~
1526
i
1527
{_528
' ' 1530
EXHIBIT "A"
Access Easement Vacation
Being that 10 foot wide access easement granted to the City of Chula Vista
across Lot 106 of Chula Vista Tract 84-13 (Chula Vista Woods, Unit 2) according
to Map thereof No. 11576, filed in the office of the County Recorder, County of
San Diego, State of California
COUNCIL AGENDA STATEMENT
Item 6
Meeting Date 3/17/87
ITEM TITLE: a) Resolution /~ccepting drainage access easement to
drainage facilities in Lots 105, 106, and 107 of Chula Vista
Woods Subdivision
b) Resolution /~Ordering the summary vacation of a drainage
access easement in Lot 106 of Chula Vista Woo, ds Subdivision,
SUBMITTED BY: Director of Public Works/C neer
REVIEWED BY: City Manager~/~ (4/5th$ Vote: Yes No X )
On July 15, 1986, the City Council approved the Final Map for Chula Vista
Woods, Unit 2. Said approval included accepting a drainage access easement in
Lot 106 to allow City forces to maintain drainage structures behind Lots 105,
106 and 107. Adopting the above listed resolutions provide for accepting a
replacement access easement and vacating the original access easement, which
has been rendered useless.
RECOMMENDATION: That Council adopt resolutions accepting the new easement
and vacating the previous easement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On January 13, 1987, the City Council accepted a sewer easement along Lot 107
of Chula Vista Woods Subdivision. The purpose of the easement is to
facilitate development of the adjacent property, which proposes to provide
sewer service through Chula Vista Woods for a portion of their property. The
adjacent owner originally proposed that the sewer easement be located in Lot
106, where there was an existing access easement. Field investigation of the
proposed location revealed that the house on Lot 106 was inadvertently built
within the subject easement, thereby rendering the easement useless. The City
required the owner to grant a new access and he proposed an offsite access
easement from Medical Center Drive. Vacation of the existing easement was
requested to be accomplished at the same time.
An exhibit is available for Council viewing.
FISCAL IMPACT: Not applicable.
ST :fp/ ~
WPC 3640P
by the City CouncilJ of
Chula Vista, California