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HomeMy WebLinkAboutReso 1987-12975 RESOLUTION NO. 12975 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT OF EASEMENT FROM GERARD P. AND JEANETTE M. REDON FOR STREET RIGHT-OF-WAY ON THE WEST SIDE OF INDUSTRIAL BOULEVARD AT ITS INTERSECTION WITH ANITA 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 the southwest corner of Anita & Industrial executed by Gerard P. and Jeanette M. Redon, husband and wife, dated the 18th day of November , 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. PLesented by Approved as to form by · rector of T~6mas 3. :~tron, City ~ublic Works/City Engineer ~ttorney [/ 0361a Form 320 Rev. 2-86 2088 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 14th day of April 19 87 , by the following vote, to-wit: AYES: Councilmembers McCandliss, Cox,Moore, Nader, Malcolm NAYES: Counci 1 members None ABSTAIN: Counci]members None ABSENT: Counci 1 members None the City of Chula Vista ATTEST//.-~ .//. 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above and foregoing is a full, true and correct copy of RESOLUTION NO, 12975 ,and that the same has not been amended or repealed CC--660 2085 FCity Clerk Ciey of ChuZa Vista P. O. Box 1087 Chula Vista, CA 92012 NO T~SFER T~ DUE Assessor's Parcel No. 622-102-22, 23 Easement for Street Purposes GERARD P. REDON and JEANETTE M. REDON Husband and Wife, as Community Property 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: Those portions of Parcels 3 and 4 of Parcel Map No. 3987, f~led in the Office of the County Recorder, County of San Diego, State of California, July 31, 1975, described as follows: Beginning at the intersection of the south line of said Parcel 3 and the west line of Industrial Boulevard, as shown on said Parcel Map, being a point on the arc of a 10,751.53 foot radius curve, concave westerly, whose center bears S88°23'05"W from said point; thence along said south line, N88°30'58"W 8.01 ft. to a point on a 10,743.53 foot radius curve, concave westerly, whose center bears S88°22'57"W from said point; thence northerly, along the arc of said curve, through a central angle of 1°48'49", 340.05 ft. to the beginning of a compound curve whose center bears S88° 32'45"W 20.00 ft. from said point; thence northwesterly, along the arc of said curve, through a central angle of 87°00'45'', 30.37 ft. to the south line of Anita Street as shown on said Map; thence S88°28'00-E, along said south line, 8.02 ft. to the beginning of a tangent, 20.00 foot radius curve, concave southwesterly; thence southeasterly, along the arc of said curve, through a central angle of 85"02'08", 29.68 ft. to the west line of Industrial Boulevard, being the beginning of a compound curve, concave westerly, having a radius of 10,751.53 ft., whose center bears S86°34'08.W from said point of compound curvature; thence southerly along said west line, being the arc of said curve, through a central angle of 1°48'57'', 340.74 ft. to the POINT OF BEGINNING. )W-E-77 The Grantor hereby further grants to the City of Chula Vista the privilege and right to extend drainage structures and excavation and erabankment slopo-q 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 waives hereby claim for any and all daraages 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 18th day of November , 19 86 GERARD P. REDON STATE OF CALIFORNIA COUNTY OF SAN DIEGO On November 18, 1986 before me, the undersigned, a Notary Public in and for said State, personally appeared GERARD P. REDON and JEANETTE M. REDON to be the person s whose names subs'cribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal. CHARLOTTE ~2qN WTEBSTER Name (Typed or Printed) AFTER RECORDING, MAIL TO: CITY OF CHULA VISTA DEPARTMENT OF PUBLIC WORKS 276 FOURTH AVENUE CHULA VISTA, CA 92010 S~BORDINATION 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: Those portions of Parcels 3 and 4 of Parcel Map No. 3987, filed in the Office of the County Recorder, County of San Diego, State of California, July 31, 1975, described as follows: Beginning at the intersection of the south line of said Parcel 3 and the west line of Industrial Boulevard, as shown on said Parcel Map, being a point on the arc of a 10,751.53 foot radius curve, concave westerly, whose center bears S88°23,05,W from said point; thence along said south line, N88°30,58-W 8.01 ft. to a point on a ]0,743.53 foot radius curve, concave westerly, whose center bears S88°22,57.W from said point; thence northerly, along the arc of said cu~, through a central angle of 1"48'49", 340.05 ft. to the beginning of a compound curve whose center bears S88°32,45.W 20.00 ft. from said point; thence northwesterly, along the arc of said curve, through .a central angle of 87°00'45", 30.37 ft. to the south line of Anita Street as shown on said Map; thence S88°28,00.E, along said south line, 8.02 ft. to the beginning of a tangent, 20.00 foot radius curve, concave southwesterly; thence southeasterly, along the arc of said curve, through a central angle of 85"02'08,,, 29.68 ft. to the west line of Industrial Boulevard, being the beginning of a compound curve, concave westerly, having a radius of ]0,751.53 ft., whose center bears S86°34'08"W from said point of compound curvature; thence southerly along said west line, being the arc of said curve, through a central angle of 1°48'57-, 340,74 ft. to the POINT OF BEGINNING. AND WHEREAS, THE BANK OF SAN DIEGO, a California corporation, is California corporation, is hereinafter known as the TRUSTEE as of the date of this instrument under that certain deed of trust executed by GERARD P. REDON and JEANETTE M. REDON, to secure a note for ($],350,000.00) One Million Three Hundred Pifty Thousand Dollars, with interest dated October ~6, 1986 and recorded October ]7, ]986 in the Official Records of the San Diego County Recorder, covering the property hereinabove described, as Instrument No. F/P 86-469578. AND WHEREAS, the BENEFICIARY affirms that they are the owner and holder of the hereinabove described trust deed note, and have not assigned their interest in same, they hereby direct and authorize said TRUSTEE to join with them 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 San Diego, the undersigned expressly subordinates all right, title and interest in and to that portion of said premises herein described, covered by sa~d 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 25th day of November 19 86 AS TRUSTEE: AS BENEFICIARY: THE BANK OF SAN DIEGO, THE BANK OF SAN DIEGO, A California corporation A California corporation By: ' ~ By: Louis,~ing, Executive Executive Vic President V' e President By: By: _ ~~ LeannaL. Wheat, Vice President LeannaL. ~ea~, Vice President STATE OF CALIFORNIA ) ) COUNTY OF SAN DIEGO ) On this the 25th day of November, 1986 , before me, the undersigned· a Notary Public in and for said State· person- ally appeared T~,d~ F. C%~mm~ng , personally known to me or proved to me on the basis of satisfactory evidence to be the Exec-vicePresident, and T~nna T._ Wheat · personally known to me or proved to me on the basis of satisfactory evidence to be the Vice- President S~ of the corporation that executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. ~ ~--~ OFFICIAL SEAL ~ My Commission Expi~s September 29, 1990 STATE OF CALIFORNIA ) ) COUNTY OF SAN DIEGO ) On this the 25th day of November, 1986 , before me, the undersigned, a Notary Public in and for said State· person- ally appeared T~,~i~ ~ C,~m~ng , personally known to me or proved to me on the basis of satisfactory evidence to be the Exec. VicePresident, and LeannaL. Wheat · personally known to me or proved to me on the basis of satisfactory evidence to be the Vice President C~m~m~'l~ of the corporation that executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. · ,, . y Public n and for said~