HomeMy WebLinkAboutReso 1987-12955 RESOLUTION NO. 12955
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING GRANT OF EASEMENT FROM
HILLTOP MAIN, LTD. WESTANA INVESTMENTS FOR
DRAINAGE PURPOSES ALONG THE EASTERLY LINE OF
PROPERTY LOCATED AT THE NORTHEAST CORNER OF
HILLTOP DRIVE AND MAIN 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
drainage purposes along the easterly line of property located at
the northeast corner of Hilltop Drive and Main Street, executed
by Hilltop Main, Ltd. Westana Investments, dated the 17th day
of February, 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 Approved as to form by
tor of (~T~mas O~rron, City
., F~ublic Works/City Engineer ~Attorney//'
ADOPTED AND APPROVED BY THE CiTY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this ?th dm] of Al]r~-i
19 87 , by the following vote, to--wit:
AYES: Councilmembers McCandliss, Cox, Moore, Nader, Malcolm
NAYES: Councilmembers None
ABSTAIN: Counci lmembers None
ABSENT: Counci lmembers None
the City of Chula Vista
ATTEST.,,/~ ?~2L ~-~ ~ - "
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 Chulo Vista, Celifornio,
..~1 DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of
RESOLUTION NO. 12955
~ ,and that the some has not been amended or repealed,
~' City Clerk
OF
CHU VI A
CC ~ 660
j'~f , ~/-~,~,~L~-~ C, Rht~T OF EA ,}',?tk-NT -'FOR DRAINAGE PURI C,~ES
'FOR A V~LUABLE CONS~DERAT~OH, receipt of whlch ~ hereby acknow-
ledged, the undevzigned do/dee~ heve~y ~ranE Ee the CiEy ot Chu~a V1~ra,
In the County of San D~e~o, Sra~e oE Ca~1Eovnta, an ea~emen~ and P~EhE-
of-way for, and the righ~ to construct~ maintain, operate, replace, re-
move, or enlarge a drain sewer and appurtenant structu~'es in, upon, ove~
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:
See Exhibit "A" and' Ex'i'6ft
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, whenever and wherever necessary for the purposes
above set forth:
WITNESS O~ hands this /Z/~ day of .,~ar~ 19~ ·
HILLTOP - MAIN, LTD.
WESTANA INVESTMENTS
B~ William D. Eun~n~, Partner
On t~is day of 19 , before me,
, a Notary public in and for the said
County of San Diego, Sta~e of California, residing therein, duly com-
missioned and sworn, personally appeared
personally known to me to be the person whose name subscribed to
the within instrument, and he duly acknowledged to me that he
excuted the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal, at my office in the County of San Diego, the day and year in this
certificate first above written.
87 215255
I 3?A?R21 9:20
COUN1 Y ttECORDlt~ I
Notary ?ublic in and for the County '
of San Diego, State of California
~ .cfl~.~ ~R~HT OF LM LNbN~ -'~OR ~HA~N~GE PUrtPOSE~
'FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknow-
ledged, thc undersigned do/does hereby grant to the City of Chula Vista,
in the County of San Diego, State of California, an easement and right-
of-way for, and the ri~zht to construct, maintain, operate, replace,
move, or enlarge a drain sewer and appurtenant structures in, upon, over
and across that certain, real property situaLed in the City of Chula
Vis,a, County of San Diego, State of California, and more particularly
described as follows:
See Exhibit "A" and' Ex'i'Sft "B"
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, whenever and wherever necessary for the purposes
above set forth:
WITNESS ~U~ hands this /7~ day of ~r~r~ 19~ ·
HILLTOP - MAIN, LTD.
WESTANA INVESTMENTS
ST^TE OF CALIFORNI^)
COUNTY OF SAN Diego) ss
By; William D. Fontana, Yarnner
On t~is day of 19 ~ before me,
, a Notary public in and for the said
Counts of San Diego, StaSe of California~ residing therein~ duly com-
missioned and swo~n, personally appeared
personally known to me to be the person whose name subscribed to
the within instrument, and he duly acknowledged to me that he
excuted the same.
IN WITNESS WHEEEOF, I have hereunto set my hand and affixed my official
seal~ ab my office in the Counts of San Die~o, the da~ and year in this
certificate first above written.
81 215255
Notary Public in and for the County'
of San Diego, State of California
·
EXHIBIT "A"
DRAINAGE AND DRAINAGE ACCESS EASEMENT
All that portion of the East Half of the Northeast Quarter of
the Northeast Quarter of Section 23, Township 18 South, Range
2 West, San Bernardino Base and Meridian, in the County of San
Diego, State of California, according to United States Govern-
ment Survey approved February 25, 1870, described as follows:
Beginning at the Southeast corner of the Northeast Quarter
of the Northeast Quarter of said Section 23; thence North
0o23'06'' East along the Easterly line of said Section 23 a
distance of 51.00 feet to a point on the Northerly line of
~ land conveyed in fee to the County of San Diego in Deed recorded
January 7, 1976, as File No. 76-004820 of Official Records;
~. being a point on the Northerly line of Main Street thence
~ North 89°14'23'' West along said Northerly line of Main Street
A distance of 90.34 feet to the TRUE POINT OF BEGINNING; thence
retracing South 89°14'23'' East 24.00 feet to the beginning of
a 24.50 foot radius curve concave Southeasterly the center of
which bears South 89014'23'' East from said point; thence
Northeasterly along the arc of said curve through a central
angle of 41037'58'' a distance of 17.80 feet; thence tangent to
said curve North 42023'35'' East 13.03 feet; thence South
47036'25'' East 13.73 feet; thence North 42023'35'' East 28.04
feet; thence North 47036'25'' West 13.73 feet to the beginning
of a 59.50 foot radius curve concave Northwesterly the center
of which bears North 47o36'25'' West from said point; thence
Northerly along the arc of said curve through a central angle
of 41°37'58'' a distance of 43.23 feet; thence tangent to said
curve North 0°45'37" East 303.03 feet to the beginning of a
FWB/mgh 3-5-87
· 1341
~f:~f3~'~4 , 1987, before me, the under.~igned,
"~: ~ ; :~ ~3r ~county and state, personall ~
- ~ Lo oe the~gfTcxe~_~ of WESTANA I :~
- shzp, and personally known to me to h~ the
l..~:~ a ]eneral partner of HILLTOP-~iN, LTD., a California
PartnersJip, the limited partnershio that executed the within
and acknowledged to me that such'limited partnership
the sar, ecn behalf of said limited partnership.
hand and official seal
tangent 51.69 foot radius curve concave Southwesterly; thence
Northwesterly along the arc of said curve through a central
angle of 31°07'45'' a distance of 28.08 feet thence tangent
to said curve North 30022'08'' West 11.10 feet; to a point on
a line which bears North 59037'52'' East from the Southeasterly
terminus of the centerline of the 10' wide easement for the
construction and maintenance of storm drain facilities as
granted to the City of Chula Vista in Deed recorded July 10, 1967
as File No. 99806 of Official Records; thence South 59037'52'' West
along said line 17.50 feet to said terminus of said centerline;
thence continuing South 59o37'52'' West 6.50 feet; thence South
30022'08'' East 11.10 feet to the beginning of a tangent 27.69 foot
radius curve concave Southwesterly said curve being concentric to
the above said 51.69 foot radius curve; thence Southeasterly along
the arc of said 27.69 foot radius curve through a central angle
of 31o07'45'' a distance of 15.04 feet; thence South 0o45'37'' West
303.03 feet to the beginning of a tangent 35.50 foot radius curve
concave Northwesterly; the Southwesterly along the arc of said
curve through a central angle of 41o37'58'' a distance of 25.80 feet;
thence tangent to said curve South 42o23'35'' West 41.07 feet to the
beginning of a tangent 48.50 foot radius curve concave Southeasterly;
thence Southwesterly alon§ the arc of said curve through a central
angle of 41037'58'' a distance of 35.24 feet to the TRUE POINT OF
BEGINNING.
FWB/mgh 3-5-87
13 3
EXHIBIT "B"
FLOWAGE AND FLOWAGE ACCESS EASEMENT
All that portion of the East Half of the Northeast Quarter of
the Northeast Quarter of Section 23, Township 18 South, Range
2 West, San Bernardino Base and Meridian, in the County of San
Diego, State of California, according to United States Govern-
ment Survey approved February 25, 1870, described as follows:
Beginning at the Southeast corner of the Northeast Quarter
of the Northeast Quarter of said Section 23; thence North
0o23'06'' East along the Easterly line of said Section 23 a
distance of 51.00 feet to a point on the Northerly line of
land conveyed in fee to the County of San Diego in Deed recorded
January 7, 1976, as File No. 76-004820 of Official Records;
being a point on the Northerly line of Main Street and the
TRUE POINT OF BEGINNING; thence North 89014'23'' West along
said Northerly line of Main Street a distance of 66.34 feet
to the beginning of a 24.50 foot radius curve concave South-
easterly the center of which bears South 89014'23'' East from ~aid
point; thence Northeasterly along the arc of said curve through
a central angle of 41o37'58'' a distance of 17.80 feet; thence
tangent to said curve North 42o23'35'' East 13.03 feet; thence
South 47o36'25" East 13.73 feet; thence North 42o23'35'' East
28.04 feet; thence North 47o36'25'' West 13.73 feet to the
beginning of a 59.50 feet radius curve concave Northwesterly
the center of which bears North 47o36'25'' West from said point;
thence Northerly along the arc of said curve through a central
angle of 41o37'58'' a distance of 43.23 feet; thence tangent to
said curve North 0°45'37'' East 21.68 feet thence South 89°36'54"
East 17.13 feet to a point on the Easterly line of said Section
23; thence South 0o23'06'' West along said Easterly line a distance
of 108.30 feet to the TRUE POINT OF BEGINNING.
EXISTING
£XISrING. RCa
$800 MAIN STREET
HILL' TOP DR/
~ PF 039
DRAWN BY T IT L E
L.M.E,
OFFER OF DEDICATION OF
DATe $_25_87 A DRAINAGE EASEMENT AT
HILLTOP DRIVE a MAIN STREET
13 8
.Loan #CISC, 820t)0
-,* '
~HEREAS, the owne~ of that certain property hereinafte~ described has granted
to the C~ty of Chu]a V~sta, a municipal corporation, in the County of San
Diego, State of California, the permanent easement and ~9ht of way.
{LEGAL DESCRIPTION OF PROPERTY I'S ATTACHED)
AND WHEREAS, Old Stone Bank, a Federal Savings Bank
is hereinafter known as the BE~IEFICIARY; and Old Stone of California, a Rhode Island coz
is hereinafter known as the TRUSTEE as of the date of this instrument under
that certain deed of trust executed by Hilltop-Main, a California limited partnership
to secure one note for ($ 3,100,000.00
with interest dated February 11, 1987 and recorded concurrently herewith
in Official Records of the San Diego County Recorder, covering the property
hereinabove described, as Instrument No. N/A
*a Rhode Island corporation
AND WHEREAS, the BENEFICIARY affirms that Old Stone of California* the owner
and holder of the hereinabove described trust deed note, and Hilltop-Main **
hereby direct and authorize said TRUSTEE to join in the execution of this
instrument. ** a California limited partnership
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.
Itl WITNESS WHEREOF, the BENEFICIARY and the TRUSTEE have caused this
instrument to be executed this llth day of February 19 87-
,
AS TRUSTEE: AS BENEFICIARY:
Old Stone of California, Inc. Old Stone Bank. a Federal ,qav~ng~ Bank.
a Rhodeg)Island Corpora-t~ion
~.~ ~//__ , , ~ ) - By: Old Stone of California, Inc., a
By:--//~//~9//~'.?~/f.~/~,<./'q~' ':~'"- //~ //'~:/ Rhode Island Corporation as
Lin-d~ G.H. Prosi,, Assistant Secretary By:~/.
WPC 2435E Ronald V. Montoro, Vice President
8/_215256
[98'1 APR 21 l~ 9:20
I /:OUNt Y
t¢O FEE
EXHIBIT "A"
All that portion of the E~st l~alf of the Northeast .Oaarter of the Northeast
Quarter of Section 23, Township 18 South, Range 2 West, San Bernardino
Meridian, in the County of San Diego, State of California, according to
Official Plat thereof, described as follow:
Beginning at the Southeast corner of the Northeast Q~arter of the Northeast
Quarter of said Section 23; thence North O0° 06' 30" West aiorg th~ Easterly
lf~ne of said Section 23; a distance of 502.24 feet to the Southeast corner of
Holiday Estates Unit No. 3, according to Map thereof No. 5896, filed in the
office of the County Rmcorder's office, June 12, 1967; thence West along the
South line of said Subdivision, a distance of 677.57 feet to the South~st
corner of said S~bdivision, being a point on the Westerly line of said East
Half of thru Northeast Quarter of the Northeast Quarter of Section 23; thence
South O0° 04' 00" East along said Westerly line to the South~st corner of the
said East Half of the Northeast Quarter of the Northeast Quarter of Section
23; thence South 89° 42' 40" East along the Southerly line of the Northeast
Quarter of the Northeast Quarter of Section 23, 677.95 feet to the Point of
Beg inn ing ·
~xcepting therefrom the Southerly 30.00 feet thereof.
Also excepting therefrom that portion of said land conveyed in fee to tim
County of Sen Diego in deed recorded January 7, 1976 as File No. 76-004820.
1350
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On /~_~ ~, I~7 , before me, the undersigned,
a Notary laubl(dc ih and for said State, personally appeared
~'~q~d ~-__~__~vo. , personally known to me (or
proved to me on the basis of satisfactory ev,idence~) t,o ,be the
person who executed the within instrument as ~__~.~__
on behalf of Old Stone of California, Inc., a
Rhode Island corporation whose name is subscribed to this
instrument as the attorney in fact of Old Stone Bank, a Federal
Savings Bank, and acknowledged to me that~t~- subscribed the
name of Old Stone of California, Inc., a Rhode Island Corporation
as attorney in fact.
WITNESS my hand and official
1351
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On ~V~[_~ ! ~c~?__. , before me, the undersigned,
~. Notary Pub~i(~ in and for said State, personally appeared
~-~U~t_ ~-~c~ .............. , personally known to me (or
proved to me on the basis of satisfactory eEidence) to be the
p~e_r?.o_n._who executed the within instrument as
~ .... on behalf of Old Stone of California, Inc., a
Rhode Is~and corporation whose name is subscribed to this
instrument as the attorney in fact of Old Stone Bank, a Federal
Savings Bank, and acknowledged to me that ~ subscribed the
name of Old Stone of California, Inc., a Rhode Island Corporation
as attorney in fact.
WITNESS my hand and official seal.
..... ~ ~t~l~ NOTaRy PU~LI~CAIIFORNIA
&ly Commission £ ~*prFes June 2, 1989