HomeMy WebLinkAboutReso 1987-12896 1080
RE$OLUT705 ~0o 12~9~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING GRANT OF EASEMENT FROM
BANK OF AMERICA, N.T. & S.A., AS TRUSTEE UNDER
A DECLARATION OF TRUST DATED OCTOBER 1, 1983
FOR STREET RIGHT-OF-WAY AT 696 "E" 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 right-of-way at 696 "E" Street
executed by Bank of America, N.T. & S.A., as Trustee
dated the 5th day of January , 1987 , 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.
Presented by Approv~d~ as to form by
/
~' "p~it~,'Director of /~omas d. ~rron, City
PuBlic Works/City Engineer ' Attorney~./
0361a
Form 320
Rev. 2-86
1081
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 3rd dO~ of February'
19 87 , by the following vote, to-wit:
AYES: Councilmembers McCandliss, Cox, Moore, gader
NAYES: Councilmembers None
ABSTAIN: Counci lmembers None
ABSENT: Councilmembers Malcolm
~ Vista
City Cleik-----' ~
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, Californio,
DO HEREBY CERTIFY that the above and foregoing is a fuN, true ond correct cop}, of
RESOLUTION NO. 12896
,ond that the same hos not been amended or repealed
°ATE° '~'. _ ~'..,_ __/. _~;~ ~ .7
Cr~ OF
CHUg VI~A
CC-660
·
City Clerk 87 074276
City Of Chula Vista .
P. O. Box 1087
Chula Vista, CA 92012
,~.~.~ l0 P~I ~: 20
NO T~SFER T~ DUE
SPACE ~OVE F~-~C0~'~E ONLY
Assessor's Parcel
No. 567-032-01
Easement for Street Purposes
BANK OF AMERICA, N.T. g S.A., AS TRUSTEE UNDER A DECLARATION
OF TRUST DATED OCTOBER 1, 1983
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
follows:
THE NORTHERLY 2.00 FEET OF PARCEL B OF PARCEL MAP NO. 27,
IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY JULY 17, 1967 AS FILE NO. 104318.
'W-E-77
1074 *
~he Grantor hereby further grants to the City of Chula Vista the privil.ege
xnd right to extend drainage structures and excavation and embankment slopes
beyond 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 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 ~-/ day of ~ ZFhCC~t~ ~- ,19~7
Bank of America NT&SA, as Trustee
Under Declaration of Trust dated
I/ - ' IU-OI-~3.
STATE OF ~LIFO~IA ))SS NOI~/ua~Eus~ ~ '~
C08~O8AT5 ACK~OWt~DG~SNT
CouoW of CaIW°rU~aSan Diego ~
S.S.
Omthis_Sth dayo~ January ,intheyear~qR7 ,beforeme Cecilia D. Munoz ~,
Notarv Public ;o and for the San Die~5 _Couot~, pe~sonall~ apoeared~eri Metrovi~ Pro~rty Manseme~t
Officer & Nola Hartung, Prop. erty Man~ment Officer ' --
~erso,all~ known to me ~ proved t0 me 0, the basis 0f satisfactory evidence
t0 be the person(s) who executed the w~thio Jnstrumel]~ as Bank of ~erica NT&SA
or
(SSAL) on behalf of the Corporation herein named amd acknowledged to me that the Corporation executed it
~~~to~LlA D. M~x~O~r,~ ~ WITNESS my hand and offic~ seal,
s~ ~0 ~(re~.~ My commission exoires ~ Sept__24 , 19~0
. TICOR TITL INSURAI ICE
1075
TICOR TITLE INSURANCE COMPANY
925 "B" STREET SAN DIEGO, CALIFORNIA 92101
P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 619 239-6081
PRELIMINARY REPORT
DECEMBER 16, 1986
BANK OF AMERICA ESCROW
ATTN: SHERRY, TRUST DEPT.
450 "B" STREET STE 1180
P.O. BOX 1631
SAN DIEGO, CA 92112
YOUR REFERENCE: TUF3469
OUR ORDER NO. : 1151346
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE
INSURANCE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA HEREBY REPORTS
THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE
HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND
AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING
AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR
ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT
EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS
AND STIPULATIONS OF SAID POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID
POLICY OR POLICIES ARE SET FORTH ON THE ATTACHED COVER. COPIES OF THE
POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH
ISSUED THIS REPORT.
THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS ISSUED
SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF
TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED
THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE
INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
DATED AT 7:30 A,M. AS OF DECEMBER 8, 1986
TITLE OFFICER: SUSAN RYKOWSKI
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
) ALTA RESIDENTIAL TITLE INSURANCE POLICY - 1979
) ALTA LOAN POLICY - 1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE
(AMENDED 10-17-70)
CLTA STANDARD COVERAGE POLICY 1973 (AMENDED 12-6-85
AND 2-20-86)
) ALTA OWNER'S POLICY FORM B - 1970 (AMENDED 10-17-70)
1151346 PAGE 1
¥1COR TITL INSURANCE
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT
IS: A FEE AS TO PARCEL 1; AN EASEMENT AS TO PARCEL 2
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
BANK OF AMERICA NT&SA AS TRUSTEE UNDER A DECLARATION OF TRUST DATED
OCTOBER 1, 1983
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO 'THE
PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM
WOULD BE AS FOLLOWS:
1. GENERAL AND SPECIAL COUNTY AND CITY TAXES AND SPECIAL
ASSESSMENTS, IF ANY, COLLECTED WITH SAID TAXES.
FOR THE FISCAL YEAR : 1986-87
INCLUDING PERSONAL PROPERTY TAX, IF ANY,
FIRST INSTALLMENT : NOW DUE AND PAYABLE
SECOND INSTALLMENT : NOW PAYABLE AND WILL BE DUE, FEBRUARY 1, 1987
THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO
THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75)
OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA.
2. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE
PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF : COUNTY PROPERTIES, INC.
FOR : INGRESS AND EGRESS
RECORDED : DECEMBER 19, 1967, AS FILE NO. 199356
AFFECTS : AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF SAID
QUARTER SECTION 162; THENCE ALONG THE NORTHERLY LINE SAID QUARTER
SECTION ?O°59'DO'' EAST 1BO.DO FEET; THENCE SOUTH 19°00'00'' EAST
PARALLEL WITH THE WESTERLY LINE OF SAID NORTHEAST QUARTER A
DISTANCE OF 40.00 FEET TO THE EXISTING RIGHT-OF-WAY LINE
OF "E" STREET, 80.00 FEET WIDE, SAID POINT BEING
THE TRUE POINT OF BEGINNING; THENCE ALONG SAID EXISTING RIGHT-OF-WAY
SOUTH 70°59'00, WEST 15.00 EEET; THENCE SOUTH 19000'00" EAST PARALLEL
WITH THE WESTERLY LINE OF SAID NORTHEAST QUARTER OF QUARTER SECTION A
DISTANCE OF 150.00 FEET; THENCE PARALLEL WITH SAID NORTHERLY LINE NORTH
70°59'00" EAST 15.00 FEET; THENCE NORTH 19000'00'- WEST 150.00 FEET TO THE
TRUE POINT OF BEGINNING.
SAID EASEMENT HAS BEEN GRANTED AND RESERVED IN VARIOUS DEEDS
OF RECORD.
"NOTE: THE CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE
1151346 PAGE 2
TICOR TITLE INSURANCE
;0?7
POLICY 1973 FORM HAS BEEN REVISED AS TO PARAGRAPHS 5, 7 AND
9 OF PART I OF SCHEDULE B. PLEASE READ THE REVISED VERSIONS OF
SAID PARAGRAPHS IN EITHER (1) THE PRINTED POLICY EXCLUSIONS SHOWN
IN THIS REPORT, OR (2) A COPY OF THE CALIFORNIA LAND TITLE
ASSOCIATION STANDARD COVERAGE POLICY 1973 (AMENDED 12-6-85 AND
2-20-86) FORM WHICH WILL BE PROVIDED TO YOU UPON REQUEST."
TAX FIGURES FOR : 1986-87
CODE AREA : 1000
PARCEL NO. : 567-032-01
LAND : $284,355.00
IMPROVEMENTS : $13,558.00
FIRST INSTALLMENT : $1,653.08 UNPAID
SECOND INSTALLMENT: $1,653.08 UNPAID
NOTE: THE COUNTY RECORDER'S OFFICE WILL CHARGE, IN
ADDITION TO THE REGULAR RECORDING CHARGES, AN EXTRA $20.00
RECORDING FEE, UNLESS A DOCUMENT EVIDENCING A CHANGE OF
OWNERSHIP IS ACCOMPANIED 8Y A "PRELIMINARY CHANGE OF
OWNERSHIP REPORT." IN LIEU OF SAID REPORT, SIGNED BY THE
TRANSFEREE, THE RECORDER WILL NOT CHARGE AN EXTRA FEE IF
THE DOCUMENT IS ACCOMPANIED BY AN AFFIDAVIT THAT THE
TRANSFEREE IS NOT A RESIDENT OF CALIFORNIA. OUR TITLE
BILLING WILL BE ADdUSTED TO REFLECT SUCH ADDITIONAL FEES
WHEN APPLICABLE.
1151346 PAGE 3
TICOR TITLE INSURANCE
" 1078
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THAT PORTION OF THE NORTHEAST QUARTER OF QUARTER SECTION 162 OF THE
RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, AS PER MAP OF CHULA VISTA, FILED AS MAP
NO. 165 AND MAP NO. 505, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF QUARTER
SECTION 162, THENCE ALONG THE NORTHERLY LINE OF SAID QUARTER SECTION
NORTH 70°59'00" EAST 180.00 FEET; THENCE SOUTH 19°00'00'' EAST
PARALLEL WITH THE WESTERLY LINE OF SAID NORTHEAST QUARTER OF QUARTER
SECTION A DISTANCE OF 40.00 FEET TO THE EXISTING SOUTHERLY
RIGHT OF WAY LINE OF "E" STREET, 80.00 FEET WIDE,
SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG
SAID PARALLEL LINE SOUTH 19000'00" EAST 150.00 FEET;
THENCE PARALLEL WITH SAID NORTHERLY LINE SOUTH 70059'00.'
WEST 150.00 FEET TO THE EXISTING EASTERLY RIGHT-OF-WAY LINE
OF WOODLAWN AVENUE, 60.00 FEET WIDE, THENCE ALONG THE
LINE OF THE STREET NORTH 19000'00" WEST 150.00 FEET TO SAID
RIGHT-OF-WAY LINE OF "E" STREET; THENCE ALONG THE LINE
OF THE STREET NORTH 70059'00" EAST 150.00 FEET TO THE
TRUE POINT OF BEGINNING.
SAID LAND IS ALSO DESCRIBED AS PARCEL "B" OF PARCEL MAP
NO. 27 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, dULY 17, 1967.
PARCEL 2:
AN EASEMENT FOR INGRESS AND EGRESS PURPOSES OVER AND ACROSS THE
FOLLOWING:
BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER SAID
QUARTER SECTION 162; THENCE ALONG THE NORTHERLY LINE SAID QUARTER
SECTION NORTH 70059'00'. EAST 180.00 FEET; THENCE SOUTH 19°00'00"
EAST PARALLEL WITH THE WESTERLY LINE OF SAID NORTHEAST QUARTER A
DISTANCE OF 40.00 FEET TO THE EXISTINT RIGHT-OF-WAY LINE
OF "E" STREET, 80.00 FEET WIDE, SAID POINT BEING THE
TRUE POINT OF BEGINNING; THENCE ALONG SAID EXISTING RIGHT-OF-WAY LINE
NORTH 70°59'00" EAST 15.00 FEET; THENCE SOUTH 19°00'00" EAST PARALLEL
WITH THE WESTERLY LINE OF SAID NORTHEAST QUARTER OF QUARTER SECTION A
DISTANCE OF 150.00 FEET;_ THENCE PARALLEL WITH SAID NORTHERLY LINE SOUTH
70°59'00" WEST, 15.00 FEET; THENCE NORTH 19°00'00" WEST 150.00 FEET TO THE
TRUE POINT OF BEGINNING.
SAID LAND IS ALSO DESCRIBED AS THE NORTHERLY 150 FEET
OF THE WESTERLY 15 FEET OF PARCEL "A" OF SAID PARCEL MAP NO. 27.
1151346 PAGE 4 '~'~ ~
TICOR TITLE INSURANCE
0 1079
"NOTE: WE ARE ENCLOSING HEREWITH OUR BILL FOR CHARGES INCURRED IN
THE ISSUANCE OF THIS REPORT IN THE AMOUNT OF $150.00
SHOULD YOU REQUIRE A SUBSEQUENT POLICY AND WHERE NO MAdOR CHANGE
IN THE TITLE REPORT HAS OCCURRED SINCE THE ISSUANCE OF THIS REPORT,
THE ORDER MAY BE RE-OPENED AND THE CHARGE FOR THIS REPORT EXCLUDING
ANY EXTRA WORK CHARGES MAY BE CREDITED ON A SUBSEQUENT POLICY
CHARGE WITHIN THE FOLLOWING TIME PERIODS FROM THE DATE OF THE
REPORT AS FOLLOWS:
WITHIN 12 MONTHS -100- PERCENT OF THE CHARGE MAY BE CREDITED TO THE
TO THE FINAL POLICY CHARGE.
OVER 12 8UT LESS THAN 24 MONTHS -50- PERCENT OF THE REPORT CHARGE
MAY 8E CREDITED TO THE FINAL POLICY REPORT."
1151346 PAGE
STREET DEDICATION PLAT
COUNCIL AGENDA STATEMENT
t Item 6
,~ Meeting Date 2/3/87
ITEM TITLE: Resolution/~ Accepting street right-of-way at 696 "E"
Street ~ ~~x/x
SUBMI1-FED BY: Director of Public W k 'C
or s/ ity ~ngineer
REVIEWED BY: City Manager~ (4/Sths Vote: Yes No X )
RECOMMENDATION: That City Council adopt a resolution accepting the subject
dedication.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Recently, Otay Mesa Foods applied for a building permit to construct a Taco
· Bell fast food service at 696 "EII Street. One of the conditions required was
that a 2-foot strip be dedicated fronting the property along "E" Street (see
Exhibit A).
Section 12.24.010 of the City Code provides that the owners of th~ property
being developed are required to dedicate necessary right-of-way. The document
granting the street easement has been executed by the owners and submitted to
the Engineering Department. It has been reviewed and is now submitted for
Council acceptance.
FISCAL IMPACT: None.
DA:fp/PF-033
WPC 2559E
~7~ thJ City Counci) of
Chula Vista, California
Dated ,2~'~
mn