HomeMy WebLinkAboutReso 1986-12713 RESOLUTION NO. 12713
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING TEN DRAINAGE EASEMENTS
FOR THE CONSTRUCTION OF THE TELEGRAPH CANYON
CREEK FLOOD CONTROL CHANNEL AND AUTHORIZING
THE MAYOR TO EXECUTE DEDICATION AGREEMENTS ON
BEHALF OF THE CITY
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby accept ten drainage easements
for the construction of the Telegraph Canyon Creek Flood Control
Channel, copies of which are attached hereto and incorporated
herein by reference as if set forth in full.
BE IT FURTHER RESOLVED that the City Clerk of the City
of Chula Vista be, and she is hereby directed to record said
easements in the office of the San Diego County Recorder.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby authorized to execute dedication
agreements on behalf of the City.
Presented by Approved as to form by
J~n P. Li~pi~, Director of ..T/~fomas: J. H~r~on~ City Attorney
P/hblic Works/City Engineer
1959a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 16th cloy of September
19 8~ , by the following vote, to-wit:
AYES: Councilmembers Malcolm, Moore, Campbell, McCandliss, Cox
NAYES: Counci lmembers None
ABSTAIN: Counci lmembers None
ABSENT: Counci lmembers None
Mayor 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. 12713
,and that the same has not been omendedor repealed
DATED
" City Clerk
CITY OF
CHUI. A VISTA
CC-660
86 612728
RECORBED, PLEASE M^IL : 893
THiS INSiRUMENT TO: F'~ P~COIiD'-ZD
I OFFICIAL
City Clerk
Cit~ of 6h~l~ Vista ~ ~E¢ 29 Pt'~ I: 10
State of 6~liforni~
P.0. Box 1087 I VERA
Chula Vista, CA 92012 COU'~[7 ~'"
NO TRANSFER TAX DUE
SPACE ABOVE FOR RECORDER"S uSE ONLY NO~
SUBORDINATION AGREEMENT (Deed of Trust)
Assessor's Parcel No. ~18-062-05 ~d Work Order No.: ~2572
618062-03 Project :
Parcel :
WHEREAS, ~ ~- ~,T,, ~S'~'~ O~ ~ ~0~
the beneficiar~._uner that certain Deed of Trust executed on the 7~ day of
Trustee, which said Deed o~rust was duly recorded Se~t~
File No. 73-256397 in the Office of the Recorder of San Diego County,
California, and said Beneficiary is (are) also the owner and holder__
of the note and other evidence of indebtedness for which said Deed of Trust
was given as security; and
WHEREAS, on the 20~ day of J~e ,]9 86 , Pas~le Oliveri, S~to
Oliveri, Gas~e Oliveri ~d ~ia G. Cefalu
executed and delivered to the City Clerk
City of Chu]a Vista, State of Calior~ia, a certain easement and right of way
for the constructions, operation and maintenance of T~r~ ~nst~ction
~s~t
through over, along and across the ]and described in said Deed of Trust, which
said easement and right of way isrefer to "A" feet in width, and more parti-
cularly described as follows:
For c~lete l~al description ~e~er to ~l~it "A'~ ~t~c~ed hezeto ~nd n~de a
p~ her~f ~
~WH~kEA~., the parties desire to have said Deed of Trust subordinated to said
'' ~ EaSement Deed;
NOW, THEREFORE, for valuable consideration the receipt of which is hereby _
acknowledged, the undersigned beneficiary hereby waives the
priority of the aforementioned Deed of Trust in favor of said Easement
Deed to the same extent as if said Easement Deed had been execut, ed prior to
the said Deed of Trust hereinabove describeC~f.~ ~ _.~ ~
Dated November 13, 1986 ~ ~/
Gordon A. Newell, Trustee
STATE OF CALIFORNIA
County of San Diego ss:
On ~ ~2/ ,19__~¢_before me, the undersigned, a Notary Public
in and for said County and State, personally appeared ~o~l)a->~/~L /k/~f~
known to me to be the person whose Name )~ subscribed to the within in-
strument and acknowledged that ~ executed the same.
Witness my hand and official seal. _
~ ~/ LOS ANC~FLCS COUNTY
STATE OF CALIFORNIA)
County of San Diego) ss:
On this day of in the year 19 , before
me, ROBERT D. ZUMWALT, County Cler and ex-officio Clerk of the Ssperior Court
in and for-said County, which is a court of record having a seal, personally
appeared
known to me to be the person described in and whose name
ascribed to and who executed the annexec instrument, and acknowledged to me that
executed the same.
Witness whereof, I have hereunto set my hand and affixed the seal of said court
at my office in the County of San Diego, the day and year in this Certificate
first above written.
ROBERT D. ZUMWALT, County Clerk and ex-officio Clerk of the Superior Court -
BY ,Deputy
. Z35Z 87-495396
WH~E~ RECORDED, PLEASE MAIL ]----'REOORDED IN
THIS INSTRUMENT TO: I OFFICIAL RECORDS I
I OF SAN DI£GO COUNTY, CA.
City Clerk
City of Chula Vista 7987SEP i AMS:00
State of California
P.O. Box 1~87 L_=~OUNIY
Chula Vista, CA 92012
NO TRANSFER TAX DUE
SPACE ABOVE FOR RECORDER"S USE ONLY
SUBORDINATION AGREEMENT (Deed of Trust)
Assessor's Parcel No. _ _ Work Order No.: T~2572
618-062-03 Project : Tel~qraph Canyon Channel
Parcel : 84~227-A&B
WHEREAS, V/tN SOKOL and DOLORES H. SOKOL, husband ~and wife, as join=
tenants,
the beneficiarie~ner that certain Deed of Trust executed on the23rd day of
Februar%;, 1987 X,V~]~9__, byPASQUALE OLIVERI,, S~Al~ OLI1/E&RI, C4%~PARE
OLI1/ERI and MARIA G. CEFALU to WESTLAND TITLE COMPANY
Trustee, which said Deed of Trust was duly recorded May 4, 1987 as File No. 87-241557
in the 0ffice of the Recorde~ of San Diego County,
California, and said Beneficiaries i~x~are) also the owners and holders
of the note and other evidence of indebtedness for which said Deed of Trust
was given as security; and
WHEREAS, on the2Oth day of June ,1987 , P U I.
SANTO OLIVERI, GASPARE OLIVERI and MARIA G. CEFALU
executed and delivered to the City Clerk
City of Chu]a Vista, State of Caliornia, a certain easement and right of way
for the constructions, operation and maintenance Of TemDora~'v Construction
Easement ,
through over, along and across the land described in said Deed of Trust, which
said easement and right of way is me,er to "A" feet in width, and more parti-
cularly described as follows:
For complete legal description refe~ to Exhibit "A" attached hereto and made a
part hereof.
2353
'.WHEREAS, the parties desire to have said Deed of Trust subordinated to said Ea~semer~t Deed;
NOW, THEREFORE, for valuable consideration the receipt of which is hereby _
acknowledged, the undersigned beneficiar±e$ hereby waive__the
priority of the aforementioned Deed of Trust in favor of said Easement
Deed to the same extent as if said Easement Deed had been executed prior to
the said D~ed of Trust hereinabove described.
Dolores~_~okol
STATE OF CALIFORNIA
County of San Diego
On k'~u'~ J2 , ,19 ~7 before me, the undersigned, a Notary, Public
in and fo(Jsaid Cobnty and State, personally appeared ~/~/1
known to me to be the person~ whose Name ~ subscribed to the within in-
strument and acknowledged that '~a~ executed the same.
Witness my hand and official seal.
~J
Notary Public in and for s~d Coun y and State ~\~/
STATE OF CALIFORNIA)
County of San Diego) ss:
On this day of in the year 19 , before
me, ROBERT D. ZUMWALT, County Cler and ex-officio Clerk of the Superior Court
in and for said County, which is a court of record having a seal, personally
appeared
known to me to be the person described in and whose name
ascribed to and who executed the annexec instrument, and acknowledged to me that
executed the same.
Witness whereof, I have hereunto set my hand and affixed the sea] of said court
at my office in the County of San Diego, the day and year in this Certificate
first above written.
ROBERT D. ZUMWALT, County Clerk and ex-officio Clerk of the Superior Court
BY ,Deputy
Parcel,~ No. 84-0227-A (5-16-85) (TRF:JS:at) EXHIBIT "A" ·
~ s~trip of lend 40.00 feet wide across that portion of Lot 24 in Qaarter Section 146
~of Rancho de la Nacion, in the City of Chula Vista, County of San Diego, State of California,
ac~mrdidg to Map thereof No. 505, filed in the Office of the County Recorder of said
~ 'y, March 13, 1888, incl,Jded in that land described in Parcel 2 of deed to Pasq~Jale
O~,~eri, et al recorded September 30, 1981 as File/Page No. 81-310291 in said Co~Jnty
Recorder's Office, the sidelines of said strip of land lying 20.00 feet on each side
~f the following d~scribed centerline:
Commencing at the Northeasterl}, corner of Block "A" of OPPORTUNITY HOME TRACT according
~o Map thereof No. 1496, filed in the Office of said County Recorder; thence along the
%!°rtheasterly line of said Block "A" So~Jth 17°54'45" East (South 18°21'00'' East per Map
~. 1496) 80.74 feet to the TRUE POINT OF BEGINNING, being a point on the arc of a non-tangent
~7.62 foot radials curve concave Southerly, a radial to' said point bears
~orth 08°25,57" West; thence Easterly along the arc of said curve through a central angle
~f 02°42'42" a distance of 21.18 feet to the beginning of a 225.00 foot tangent, compo~nd
~rve, concave SoutherH¥; thence Easterly along the arc of said curve through a central
,ngle of 19°29'10'' a distance of 76.52 feet to the beginning of a 447.62 foot radius
tangent, compound curve, concave So~thwesterly; thence Southeasterly along the arc of
said curve throu~lh a central angle of 12°48'00" a distance of 100.00 feet to a
~Point "A"; thence tangent to said curve South 63°26'03" East 48.27 feet to the beginning
of a tangen? 447.62 foot radias curve, concave Northeasterly; thence Southeasterly along
the arc of said curve through a central angle of 12°48,00" a distance of 100.00 feet
~o the beginning of a tangent 225.00 foot radius compound curve, concave Northeasterly;
.thence Southeas+erly along the arc of said curve through a central angle of 19°25'16"
a distance of 76.27 feet to the beginning of a tangent, 447.62 foot radius, c~pound
~urve concave Northerly; thence Easterly along the arc' of said curve thro~gh a central
~ ~. of 12~48,00,, a distance of lO0.O0 feet; thence tangent to said c~Jrve
N, ~ 71°32'39" East 934.87 feet to the POINT OF T
~R~IINUS, being a point on the centerline
of Fifth Avenue, according to CMULA VISTA TRACT No. 80-7, Map No. 10038 filed in the
Office of said ~]ounty Recorder, said POINT OF TERMINUS being distant thereon
~lorth 17°56,44,, West (North 18°29'05,, West per Map No. 10038) 337.12 feet from the centerline
of Moss Street as shown on said Map No. 10038.
%
~HEN RECORD£D, PLEASE MAIL
THiS I.NSTRUMENT TO: '~ i~-~ r----RECORDED IN---'"I
· I OFFICIAL RECORDS
- I
o. 1987SEP i AM8:00
~ ~ '~ [ ~UN~ RECORDER
NO TRANSFER TAX DUE ~ACE ABOVE FOR RE~uNuLR~S USE ONL~
~RA I NAGE
, // Project: Telegraph Canyon Channel
Assessor's
Parcel
NO. 618-062-03, 05 ~ W.O. NO.: TE2572
Parce I No.: 84-0227-A&B
Log No.: B002-6
PASQUALE OLIVERI, a single man, SANTO OLiVERI, a single man,
GASPARE OLIVERI, a single man and MARIA G. CEFALU, an unmarried woman,
all as tenants in common
hereinafter designated Grantor(s) do(as) hereby grant, bargain, convey and release unto
CITY OF CHULA VISTA herein designated Grantee, its successors and assigns, a perpetual
easement and right-of-way ~pon, through, ander, over and across the hereinafter described
real property for the installation, construction, maintenance, repair, replacement,
reconstruction and inspection of an enclosed or unenclosed flood DRAINAGE channel and
all structures incidental thereto, and for the flowage of any waters in~ over~ upon or
through said channel, together with the perpetual right to remove buildings, structures,
trees, bushes, undergrowth, and any other obstruction interfer!ng with the use of said
easement and right-of-way by the Grantee, its successors or assigns. To have and t~
hold said easement and right-of-way unto itself and unto its successors and assigns forever
together with the right to convey said easement, or- any portion of said easement, to
other public agencies.
The real property referred to hereinabove and made subject to said easement and right-of-way
by this grant is situated in the County of San Diego, State of California, and is particularly
described as follows:
Parcel No. 84-0227-A (5-16-85) (TRF:JS:at)
A strip of land 40.00 feet wide across that portion of Lot 24 in Quarter Section 146
of Rancho de la Nacion, in the City of Chula Vista, County of San Diego, State of California,
according to Map thereof No. 505, filed in the Office of the County Recorder of said
County, March 13, 1888, included in that land described in Parcel 2 of deed to Pasquale
Oliveri, et al recorded September 30, 1981 as File/Page No. 81-310291 in said County
Recorder's Office, the sidelines of said strip of land lying 20.00 feet on each side
of the following described centerline:
Commencing at the Northeasterly corner of Block "A" of OPPORTUNITY HOME TRACT according
to Map thereof No. 1496, filed in the Office of said County Recorder; thence along the
Northeasterly line of said Block "A" South 17"54'45" East (South 18~21'00" East per Map
'~o. 1496) 80.74 feet to the TRUE POINT OF BEGINNING, being a point on the arc of a non-tangent
47.62 foot radius curve concave Southerly, a radial to said point bears
North 08"25'57'' West; thence Easterly along the arc of said curve through a central angle
of 02"42'42" a distance of 21.18 feet to the beginning of a 225.00 foot tangent, compound
curve, concave Southerly; thence Easterly along the arc of said curve through a central
angle of 19"29'10" a distance of 76.52 feet to the beginning of a 447.62 foot radias
2345
tangent, compound curve, concave Southwesterly; thence Southeasterly along the arc of
said curve through a central angle of 12°48'00'' a distance of 100.00 feet to a
Point "A"; thence tangent to said curve South 63°26'03,, East 48.27 feet to the beginning
of a tangent 447.62 foot radius curve, concave Northeasterly; thence So~theasterly along
the arc of said curve through a central angle of 12°48,00. a distance of 100.00 feet
to the beginning of a tangent 225.00 foot radius compound curve, concave Northeasterly;
thence Southeasterly along the arc of said curve through a central angle of 19°25,16,,
a distance of 76.27 feet to the beginning of a tangent, 447.62 foot radius, compound
curve concave Northerly; thence Easterly along the arc of said curve through a central
angle of 12°48'00" a distance of 100.00 feet; thence tangent fo said curve
North 71°32'39. East 934.87 feet to the POINT OF TERMINUS, being a point on the centerline
of Fifth Avenue, according fo CHULA VISTA TRACT No. 80-7, Map No. 10038 filed in the
Office of said County Recorder, said POINT OF TERMINUS being distant thereon
North 17°56'44'' West (North 18°29'05" West per Map No. 10038) 337.12 feet from the centerline
of Moss Street as shown on said Map No. 10038.
Parcel No. 84-0227-B (3-29-85) (TRF:JS:at)
Grantor further grants to the City of Chula Vista a temporary construction easement for
the purpose of operating construction equipment and vehicles; for the temporary storage
of building material and equipment necessary for the construction of the flood control
channel and its appurtenances; for temporary storage of spoil or excavated material during
the period of constr~ction of the flood control channel and for any other operations
necessary and incident to the construction of said flood control channel over, under
and across said Oliveri's land lying Southeasterly of a line that is 30.00 feet Northwesterly
of and parallel with the centerline of the above described Parcel No. 84-0227-A.
EXCEPTING therefrom that portion lying within said Parcel No. 84-0227-A.
Grantee shall, upon completion of construction of the flood control channel, and upon
application of Grantor, deliver, at no cost to Grantor, an executed Quitclaim Deed for
the land described above as a temporary constructlon easement.
~he ~antee shall have the right to fence all or any portion of said easement herein
conveyed within which there is installed or. constr~Jcted an unenclosed flood drainage
channel. The Grantee, its successors and assigns, shall be responsible for operating, _
maintaining, and keeping in good repair the above described works of improvement.
The Grantor, his successors and assigns, reserves the right to enclose in a manner approved
by the Grantee, its successors and assigns, any portion of an unenclosed flood drainage
channel provided such enclosure is constructed or installed by a licensed contractor
in accordance with plans and specifications approved/by and to the satisfaction of the
Grantee, its successors and assigns, ln.g~antlng its~pproval the Grantee, its successors
and assigns, may impose reasonable conditions including, but not limited to, the filing
by the contractor or Grantor of an adequate performance bond to guarantee completion
of the work. /
There is reserved to the Grantor, his s{Jccessors and assigns, the right and privilege
to use the above described land of the Grantor at any time, in any manner and for any
p~Jrpose not inconsistent with the full ~Jse and enjoyment by the Grantee, its successors
and assigns, of the rights and privileges herein granted.
SANTO OLIVERt
STATE OF CAL)FOI~NIA)
COUNTY OF SAN DIEGO) SS
On June 20, 1986
, before me, ROBERT 8. )UMWALT, Count), C)erk and
ex-'~fficlo Clerk oF the Superior Court in and for said County and State, which is e
court of record having a seal, personally eppeared Pasov~le Ol iveri ~ Santo
Oliveri, Gaspare Oliveri, and Maria G. Cefalu
an
tt~e(~J, subscribed to the within instrument end acknowledged that __ executed
WITNESS my hand and official seal.
ROBEI~T D. ~UMWALT
County Clerk and ex-officio Clerk
of the/~_rior Court~.~
y DePutY ~/
This is to certify that the interest in real property conveyed by
the foregoing deed or grant to the City of Chula Vista, a political
corporation and/or governmental agency is hereby accepted on behalf
of the public pursuant to authority conferred by City Council Resolution
No. 12713, adopted on Septembe'r 16, 1986, and the Grantee consents
to the recordation thereof by its duly authorized officer.
Dated: September 17, 1986 Gr~g~or~Co~~)~X, Mayor
.. q /oT - 87-495395
WHEN RECORDED, PLEASE MAIL ~2349 r"~"RECORDED IN-~"~
TUIS INSTRUMENT TO:
I 01~ SAN DIEGO COUNTY, CA. I
City Clerk 1987SEP i AMS:00
City of Chula Vista
State of California
P.O. Box 1~87 L..~COUNTY RECORDE2..__J
Chula Vista, CA 92012
NO FEE
NO TRANSFER TAX DUE
SPACE ABOVE FOR RECORDER"S USE ONLY
SUBORDINATION AGREEMENT (Deed of Trust)
Assessor's Parcel No. 618-062-05 and Work Order NO.:TB2572
618-062-03 Project : Teleqra_Dh Canyon Channel
Parcel : 84-0227-A&B
WHEREAS, CO, EST SAVING8 ~hlD LO/~q ~S$OCIATION~ a corotar±on
the beneficiary uner that certain Deed of Trust executed on the 24th day of
April ,1987, by PASQUALE OLIVERI, SANTO OLIVERI, GASPARE OLIVERI
nd MARIA G. CEFALU to COAST FED SERVICES, a corporation
Trustee, which said Deed o fTrust was duly recorded May 4, 1987 as File No. 87-241555
in the 0fflce of-the Recorder of San Diego County,
California, and said Beneficiary is (are) also the owner and holder__
of the note and other evidence of indebtedness for which said Deed of Trust
was given as security; and
WHEREAS, on the 20thday of June ,19(~Q
PASQUALE OLIVERI, SANTO OLIVERI, GASPARE OLIVERI and MARIA G. CEFALU
executed and delivered to the City Clerk
City of Chula Vista, State of Caliornia, a certain easement and right of way
for the constructions, operation and maintenance of Te~x~raL-~
Easement ....
through over, along and across the land described in said Deed of Trust, which
said easement and right of way is Re£er t;_o "A" feet in width, and more parti-
cularly described as follows:
FO£ co~aplete legal de~c~'iption, uefer to Exhibit "A" attached heceto and ma~e a
part hereof.
0 23.90
,NHEREAS, the parties desire to have said Deed of Trust subordinated to said
Easement Deed;
NOW, THEREFORE, for valuable consideration the receipt of which is hereby
acknowledged, the undersigned beneficiary hereby waive__the
priority of the aforementioned Deed of Trust in favor of said Easement
Deed to the same extent as if said Easement Deed had been executed prior to
the said D~d of Trust hereinabove described.
COAST SAw
a~%~. )'~AND LO~. O~IATI~'
Dated May 15, 198~, ', B~/~ ~~~
S~ll ~ ~ASrams, Asst. Vice Pres.
STATE OF CALIFORNIA
County of San Diego ss:
On ,19 before me, the undersigned, a Notary Public
in and for said County and State, personally appeared
known to me to be the person whose Name__subscribed to the within in-
strument and acknowledged that executed the same.
Witness my hand and official seal.
STATE OF CALIFORNIA
on June 2, 1987 ,beforeme, the undersigned, a NotarT Public [n and for
said State, personally appeared S h 8. r o Fi 0 b e r i iilk and
S al ~L y A b r a m s , personally known to me (or proved to me on the
ore
~ basis of satisfactory evidence) to be the persons who executed the within instrument as _A $ s i S t: O. Fi t rt
~ COAST SAVINGS AND LOAN ASSOCIA,TION
~ suchcorporationexecutedthewithininstrumentpursuanttoits KELLY k PISTORIO -~hat
by-laws or a resolution of its board of directors. ~ ~ NOTARY PUBLIC-- CALIFORNIA
WITr~ESS my hand and official seal. LOS ANGELES COUNTY
~ My Commission Expires October 13, 1988
~ '~ curt
ROBERT D. ZUMWALI, County C~erK ano ex-o?~lClO b~erK OT %~1~ DUM:~o~ uuurt
,Deputy
Af.s.~i~i f land 40'00 feet ~ide across that portion of Lot 24 in Quarter Section 146
o ~anch~ de la NacJon, In the City of Chula Vista, County of San Diego, State of Cal'forn~a,
~' '~rding to Map thereof No. 505, filed in the Office of the CoJnty Recorder of said
ty, March 13, 1888, included in that and described in Parcel 2 of dee p
g~veri, et al recorded Sentemb~r ~n ...... d to asqiJale
I~ecorder's Office, the side~i~- ~ .mu, .~?o[ ,as F~le/Page No. 81-310291 in said County
~ .~s o~ sala sTr p of land I in 2 . -
~f the following described centerline, y g 0 O0 feet on each s~de
;ommencing at the Northeasterly corner of Block "A" of OPPORTUNITY HOME TRACT according
~to Map thereof No. 1496, filed In the Office of said County Recorder; thence along the
N. ortheasterly line of said Block "A" SoiJth 17'54'45" East (South 18°21,00'' East per Map
No. 1496) 80.74 feet to the TRUE POINT OF BEGINNING, being a point on the arc of a non-tangent
~47.62 foot radi~s curve concave So~therly, a radial to' said point bears
~/orth 08'25,57. West; thence Easterly along the arc of said curve through a central angle
~f 02°42~42" a distance of 21.18 feet to the beginning of a 225.00 foot tangent, compound
-~urve, concave Souther. ly; thence Easterly along the arc of said curve through a central
~ggle of 19'29'10" a distance of 76.52 feet to the beginning of a 447.62 foot radi~s
tangent, compound curve, concave Southwesterly; thence Southeasterly along the arc of
said curve thrash a central angle of 12'48'00" a distance of 100'.00 feet to a
Point "A"; thence tangent to said curve South 63°26'03" East 48.27 feet to the beginning
,ofa tangen.t 447.62 foot radius curve, concave Northeasterly; thence Southeasterly along
the arc of said c~Jrve through a central angle of 12°48,00" a distance of lO0.O0 feet
~-to the beginning of a tangent 225.00 foot radius compound curve, concave Northeasterly;
thence Southeasterly along the arc of said curve through a central angle of 19'25'16"
a distance of 76.27 feet to the beginning of a tangent, 447.62 foot radilis, compound
curve concave Northerly; thence Easterly along the arc' of said curve thro~gh a central
e of 12°48,00" a distance of 100.00 feet; thence tangent to said c~mve
~, rh 71 °32'39" East 934.87 feet to the POINT OF TERMINUS, being a point on the centerline
~f Fifth Avem~e, according to CHULA VISTA ]~RACT No. 80-7, Map No. 10038 filed in the
Office of said County Recorder, said POINT OF TERMINUS being distant thereon
North 17°56'44'' West (North 18'29~05. West per Map No. 10038) 337.12 feet from the centerline
of Moss Street as sho~n on said Map No. 10038.
WHEN RECOROED, PLEASE MAIL
THIS INSTRU~NT TO:- RF
TX~=D
NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDERS USE ONLY
EASEMenT
DRAINAGE
Assessor's Parcel Project: Telegraph Canyon Channel
No. 619-010-44 W.O. No.: TE2572
Parcel No.: 84-0201-A,B,C
Log No.: B002-6
CHULA VISTA CITY SCHOOL DISTRICT
hereinafter designated Grantor does hereby grant, bargain, convey
and release unto CITY OF CHULA VISTA herein designated Grantee,
its successors and assigns, a perpetual easement and right-of-way
upon, through, under, over and across the hereinafter described
real property for the installation, construction, maintenance,
repair, replacement, reconstruction and inspection of an enclosed
or unenclosed flood DRAINAGE channel and all structures incidental
thereto, and for the flowage of any waters in, over, upon or
through said channel, together with the perpetual right to remove
buildings, structures, trees, bushes, undergrowth, and any other
obstruction interfering with the use of said easement and
right-of-way by the Grantee, its successors or assigns. To have
and to hold said easement and right-of-way by the Grantee, its
successors or assigns. Te have and to hold said easement and
right-of-way unto itself and unto its successors and assigns
together right to convey said easement, or any
forever
with
the
portion of said easement, to other public agencies.
87-259181
r-'"RECORDED IN'-'~1
I OFFICIAL RECOREFj I
I OF. SAN DIEGO COUNTY, ~A. I
COU NI~. RECORDER
' 2107
The real property referred Co hereinabove and made subject to
said easment and right-or-way by this grant is situated in the
County of San Diego, State of California, and is particularly -
described as follows:
SEE ATTACHED EXHIBIT A
The Grantee shall have the right to fence all or any portion
of said easement herein conveyed within which there is installed
or constructed an unenclosed flood drainage channel. The Grantee,
its successors and assigns, shall be responsible for operating,
maintaining, and keeping in good repair the above described works
of improvement.
The Grantor, his successors and assigns, reserves the right to
enclose in a manner appoved by the Grantee, its successors and
assigns, any portion of an unenclosed flood drainage channel
provided such enclosure is constructed or installed by a licensed
contractor in accordance with plans and specifications approved
by and to the satisfaction of the Grantee, its successors and
assigns. In granting its approval the Grantee, its successors
and assigns, may impose reasonable conditions including, but
not limited to, the filing by the contractor or Grantor of an
adequate performance bond to guarantee completion of the work.
There is reserved to the Grantor, his successors and assigns, -
the right and privilege to use the above described land of the.
Grantor at any time, in any manner and for any purpose not
inconsistent with the full use and enjoyment by the Grantee,
its successors and assigns, of the rights and privileges herein
granted.
Executed this FIFTH day of MARCH , 1986.
CHULA VISTA_CI: SCHOOL DISTRICT
Secretary to the Boa~f Ed~)cat~on /~
This is to certify that the interest in real property conveyed by
the foregoing deed or grant to the City of Chula Vista, a political
corporation and/or governmental agency is hereby accepted on behalf
of the public pursuant to authority conferred by City Council Resolution
No. 12713, adopted on September 16, 1986, and the Grantee consents
to the recordation thereof by its duly authorized officer. -
Dated: September 17, 1986 ~ y. ~.
Gr Cox, Mayor
/77/3
Easement - Telegraph Canyon Channel
STATE OF CALIFORNIA)
)ss
COUNTY OF SAN DIEGO)
On this 6th day of May , in the year 1987 , before
me Angelita S. Barton , the undersigned Notary Public, personally
appeared Lewis L. Beall , personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person who executed
this instrument as Secretary to the Board of Education
of the Chula Vista City School District and acknowledged to me thaL
the Chula Vista City School District executed it.
WITNESS my hand and official seal.
4 ~ OFFICIAL S~JLlb
~:~[~q~ ANGELITA S. BARTON
SignatUre of Notary
" EX, HiBTT A
/~, ~S EP,,ENT
3arco! :,k-,. B4-O2OI-A (5-22-8)) (TRF:JS:a1,)
Those port,ions of' Lots:24 and 25 in O,~ar1,er Section 140 in CHULA VISTA,in the Ci1,y of
FCn,,la Vista. Co,,n1,y of San Diego, State of California, according fo Map 1,hereof q~.
filed in the Office of the Co~mty Recorder of said Co.n1-y March 13. 1888. {ncl~sded in
that land described in deed to Cb. la Vista Union School District. recorded
Seute~Uer 12. 19:28. in Book 1~12. Page 40) of Oeeds in said Co,m~ Recorder's Office.
descr;bed as fol
Commencing at the polo1, of intersection of the centerllnes of Fourth Avon,Jo and M~ss
Street as sho~n on ~J41LLIN TRACT accnrdlng tn Map thereof NO. 562~. flied in said
qeco~der's Office; thence North 17°55'57" West (North 18°27'44" West pe~ sald ~ep NO. 5626),
670.68 ~t. t~ a pointon the arc of a non-tangent 876.g8 f~t cadiqs c~{rve, concave So,~thecly,
'~'a radEal to said point bears North 04'5g'28" West; thence Easterly along the arc oF said
to said curve No. th 85'57'21" ~as~, 26.71 feet to the Northeasterly ~{ght-ot-~ay line
of said ro,,rth Avenue and the TRUE POINT ~ BEGINNING, said point herein designated Point
'A'; t~ence along said ~rtheasterly rlght~f-~ay line ~o~{th 17'53t57~ East. 20.60 feet;
thence leaving said Northeasterly ~{~h?-of-~av llne North 85'57'~Ie EaS~. 100.54 feet;
?hence No~h 88'4g'11" Eas~. 310.54 fee~; thence 5o~t~ 73'04'14' 6as~. 17.85 feet
po[n~ bears No~t~ 12'20'46" West; thence ~asterly along t~e arc et sa~d C~rve. being
also fha 5o,,the?ly bo,Jndary line of said School District land. thro~{gh a central angle
of ZZ"Z]'Sg", a distance of 110.25 fee~; thence leaving ~he arc of said c,{rve and along
54.~5 fee~; ~hence leaving said So,~?heastecly bo~mda?y line No~th 04'02'39" West;
108.51 fee~: thence So.th 6Z'14'06" West. 172.72 fee~; thence S~,jth 83'05'31" West,
x~0.22 feet; ?hence So{leo 89~57'21'' West, 110.77 feet ~o said ~rtheastecly right-of-way
No. ~4-0201-~&C (5-22-85} (TRF:JS:af]
of b,~ilding ma~e~{al and eq,Ji~men~ necessary f~ fha cons~r,~c~ion of fha fl~d
necessary and ~ncident tm the constr~ic?ion of said tl~d con?~ol channel over,
and ac~,sss that p~tion of said Sch~l Oistr~c~ land lying ~rtherly of fha
line of said Parcel No. 84~201A and So. the~ste~ly'of the fol.lo~ng described llne:
~Gl'l~l~3 at a 0eSot on the Northeasterly right-of-way Ilne of said Fourth Avem*e distant
thec~n No. th I 7e33~57" West 48.60 feet f~om said Po~n~ "A"; ~hence leaving said Norfheasfecl
~ig~t-of-.ay line North 85'00~00n East, ~15.76 feet; thence North 80'00~00" East,
198.90 teat to the ~r?herly line of said Parcel 84-0201A and the POINT 0F TERMINUS.
7.~et~ec .ith that portion of said Sch~l 0istr~cf I~..d lying between fha ~o. fhecl~ I~ne
of said Parcel No. 84-020lA A~ the Southe~;y boundary line of said Sch~l 0[strict land.
3cantee shall, ~Don compte~on of cn~t~.c~ion of ~he fl~d control channel, and .Don
a~lication of Grantor. dellve~, at no cost to Granf~. an executed 0uitclaim 0eed
t~e land described above as a temporary cnnstr.ctJon easement.
.... - ~ : =~- ~ ~-'RECORDED IN'"~
WHEN RECORDED]:JPLI~ASE MAIL I__OFFICIAL RECORDS I
THIs I~STRUME~=~ ;-: I OF~AN DIEGO COUN~,~A, I
City Clerk :-: :. _ ~- - . 1987MAY19
Sta~e._of California - ~ AR 3
P.O. Bo~1087
Chula Vista; CA 920~'~t . O
~ TRANSFER TAX DUE SPACE ABOVE FOR RECORDER"S USE ONLY
- S~BORDINATION AGREEMENT (Deed of Trust)
Assessor's Parcel No. 6Z8-400-01 Work Order No.:~2572
' Project : Tel~caph Canyon C~eek
Parcel : 84-0248A~ B
WHEREAS, HO~ F~D~L SAVINGS ~D ~0~ ~IA~I~ A CO,OPTION
the beneficiary uner that certain Deed of Trust executed on the 26[hday of
A~ril ,19 76, by WILL~ K. BR~ ~d ELI~R M. BR~
~ - .. .~ .. to HOME FEDEX5 SAVINGS ~ LO~ ~S~IATION
A CORPO~TION -~ = ' ' ' ~
Trustee, which said-De~d o~st W~s duly recorded May 4, 1976
as File NO. 76-133634 in the Office of the Recorder of San Diego County,
California, and said Beneficia~ is (are) also the owner and holder __
of the note and other evidence of indebtedness for Which sai-~-Deed of Trust
was g~ven as security; and
WHEREAS, on the 26thday of Match ,]986 , WILL~ K. BR~
~ ELINOR M. BR~
executed and delivered to the City Clerk
City of Chu]a Vista, State of Ca]iomnia, a certain easement and right of way
for the constructions, operation and maintenance of Tem~ar.y Constcuction
Ease~nt
through over, along and across {he ]and described in said Deed of Trust, which
sa~d easement and right of way is ~efec to "A" feet ~n width, and more parti-
cularly described as follows:
~rtF°r co~letehereof, legal description ~efer to Exhibit "A" attach~ hereto and made a
wIqEREAS, the parties desire to have said Deed of trustLsubo~5~ed_ to
Eas'emen t Deed; -
ion the receipi~'Of:Whic-t~i~c~e"reby
NOW, /~s~ . .= ,,.dersioned bene~C~ ~v0FOf sa~dtasem~ .
acknowledgeo,_~"e~'~ment~oned ~ed of Tru .IS ' ad been executed prior
priority of the a~u.~_+ -s if said Easemen~ u~: - _ -_
heed to the same ex~.~ ~ = _ _- -
the said Deed of Trust hereinabdve described:
H~ FED~ SAv~GS ~ LO~ ~IATI~
A CORPO~TION -
Dated APRIL 21, 1987 ~ORtZED S~GN_
STATE OF CALIFORNIA } SS --------
couNTY OF SAN DIEGO _._._____-----
On ~ ' 19 8.._._.__~7 _ before me the undersigned
Notary p _u_bli,c, pe~r,~,~Y~ appeared ~
personally known to me to be an authorized signer of tho ~ OFFICIAL SEAL
instrument, and to be the BARBARA J. vOEKS
corporation that executed the within PUBUc- CALIFORNIA
corporationtherein named, and acknowledgedto methat such pRINCIPAL OFFICE iN
person who executed the within instrument on behaU of the ~:.
corporation executed the same, pursuant to its laWs, or a ~ CommlssIo~ Exp. ]u~e ~. 1988
~resolution of its Board of Oirectors.
~gnatu
sTATE OF CALIFORNIA1 ss:
County of San Diego}
in the year 19~, before
on this t
appeared
~ name~
ascribe~ to an~ who executed the anne×eC ~nstrument, and acknowledged to me that
~ the same.
Witness whereof, I have hereunto set my hand and affixed the seal of said court
at mY office in the County of San Diego, the day and year in this Certificate
first above written. ~
ROBERT D. ZUMWALT~ County Clerk and ex-officio Cl~rk of the Superior Court
_ ,Deputy
BY --
EXHIBIT "A"
~rcel No. 84-0248-A (5-21-85) (TRF:JS:at) _
~, strip of I~nd 40.00 feet 'wide across that portion of tnt I - ' ·
...?un~y....of San D,ego, State of Callfornla accor"-~ * .... ,of Mc. MI.L. LIN TRACT, In the
~e utt~ce of the County Recorder ~ --:~' ~ ~,-~u -,, ,,ap -rnereo? No. 5626, filed in
and described in deea to'Macev L. Mc~;I ~_~_u U.O_UnTy; beptember ,4. 1965. inclu_ded in thai-
;o. 47152 in said Recorder's 0~fi-- ' ' '"~"' J.r..; eT ux recorded March 21, 1966 as File/Pa e
ua, ~ylno zu.uu Teet on ' g
-e~terl Ina: - each s~de of the fol Inw~ng described
~encing at the intersection of %he cenferlines of ~ss Street and ~th Avenue as shown
,~ CHULA VISTA TRXCT NO. 80-7, Map No. 10038 filed I. theOffice of-the Co,~nty Recorder
f San Diego_County; thence Northerly along the centerline'of 5th Avenue
,~. u~ BEG NN NG' t = ~ , ....... P 10038), 337_12 feet to the T
~ ~ ~ . L h~n~= ,.~v,ng sal0 cen~er ina, North 71"32'3" ~ - 5 . RUE
..... ~ ueg~nnlng or a f~nenf 947.a, ~* ...... 9 E t, 2 9_88 feet
~theas%erl · __ - = ~, -~,- -~alus curve, co~csve Northwester y~ thence
~ y a~ng ~e arc of said curve throuoh a Central ' n - ~ --.
or~h~est~rly;-thence Northeaster v alon .
f 16~16'~", a dist~c~ ~ ~ ~. '- g the arc of said curve through a central angle
- ~u .... ,~.~l feet to ~he beginning of a 947.91 f~t radius, compound
urve_, concave Northwes-~gc.ly; thence Northeasterly along the arc of said c~Jrve through
' ~al anqle ~f 06"02~4Q'~ a distance of 100.00 feet; $hence tangent to said curve
>r,,. 43"1~,08. East, 384.17'feet to ~ne b~ginning of a ~angent 876.98 foot radius curve,
a~cave Southeasterly; ~h~nce Nerthea%terly along the arc of said curve through a central
~le of 05~43'00'', a distance of 87.50 feet to the beginning Of a 470.00 foot ad,us,
central anale of ~l~?d,~' ;,~. n~e ,-C.Te, ly ~ng ~he ~rc of said curvn +k ..... k
7~ n~ . _ ~ .... ~ ~ a olstance of 257.0~ ~-~ ~ ..... ~ ..... usu
-~.~o T~T radius, c~ound ....... ~ '~ ~o The ~eglnnlng of an
· _ - ~-~ve, concave 5outherlv; thence Ea-+~-~- -,---
~ s810 curve ~hrough a ce6TraJ annlm ~+ n~.,~,.,,, '. - ~':',~ o,~,,,y the arc
u ...... u ~ , a ~sTance of 73.0~ feet ~o She po;nS
infersecfin~ with the cente~line of Fourth Avenue, said poin$ being dis?ant thereon
wlh 17°53,57,, ~est (North ~8~27'44" West per said Nap No. 5626), 670.68 feet from the
t~ersecfion of fha cenferlines of Fourth Avenue and Moss S$reef as shown on sa~d Map
~- 5626, said point also bein'g the POINT OF TERMINUS.'
~ ~Im(L?N~'RECORDE~), PLEASE MAIL v ,.~ 540 ~' / ~EOORDED ~N~
m m m OFFICIAL RECORDS
'.:l'HiS I NS~UMENT TO: ~__~~ J ~[~N ~IEGO GOUNTY, CA.
1987APR1 0AM&00
' p.O. ~ 1~
~ ~ ~ ~ ~UN~ RECORDE~
~ ~ANSFE~ TAX DUE SPACE A~VE F~ REC~DER'S USE ONLY
~AI NAGE
~OCUMENTARY T~NSFER T~ ~
~,ssessor~s ~'aFcel Projecf: Telegraph Canyon Channel
~. 618-073-07 W.O. ~.: TE2572
Parce I ~.: 84-0222-A&B
Log ~.: B002-6
WILLARD K. BROWN and ELINOR M. BROWN,
husband and wife
hereinafter designated Grantor(S) do(~) hereby grant, bargain, convey and release unto
CITY OF CHULA VISTA herein designated Grantee, its successors and assigns, a perpetual
easement and right-of-way upon, through, under, over and across the hereinafter described
real property for the installation, construction, maintenance, repair, replacement,
"econstruction and inspection of an enclosed or unenclosed flood DRAINAGE channel and
.I structures incidental thereto, and for the flowage of any waters in, over, upon or
,nrough said channel, together with the perpe~]al right to remove buildings, structures,
trees, bushes, undergrowth, and any other obs+ruction interfering with the use of said
easement and right-of-way by the Grantee, its successors or assigns. To have and to
hold said easement and right-of-way unto itself and unto its successors and assigns forever
together with the right to convey said easement, or any portion of said easement, to
other public agencies.
The real property referred to hereinabove and made subject to said easement and right-of-way
by this grant is situated in the County of San Diego, State of California, and is particularly
described as follows:
Parcel No. 84-0222-A (4-1-85) (TRF:JS:at)
A strip of land 40.00 feet wide across that portion of the Easterly 50 feet of the Westerly
360 feet of Lot 30, Quarter Section 146 of CHULA VISTA, in the County of San Diego, State
of California, according to Map thereof No. 505, filed in the Office of the County Recorder
of said County, March 13, 1888, included in that land described in deed to Willard K.
Brown, et ux recorded May 19, 1976 as File/Page No. 76-150885 in said Recorder's Office,
lying 20.00 feet on each side of the following described centerllne:
Commencing at the intersection of the centerlines of Moss Street and 5th Avenue as shown
on CHULA VISTA TRACT NO. 80-7, Map No. 10038 filed In the Office of the County Recorder
of San Diego County; thence Northerly along the centerllne of 5th Avenue
North 17°56'44" West, (North 18°29'05" Nest per Nap No. 10038), 337.12 feet to the TRUE
I NT OF BEGINNING; thence leaving said center line, North 7!°32'39" East, 259.88 feet
..) the beginning of a tangent 947.91 foot radlus curve, concave Northwesterly; thence
Northeasterly along the arc of said curve through a central angle of 06°02'40'', a dlstance
of 100.00 feet to the beginning of a 492.00 foot radius, compound curve, concave
Parce~ NO. 84-0222~^
Northwesterly; thence Northeasterly along the arc of sald curve through a central angle
of 16°16,10,,, a distance of 139.71 feet to the beginning of a 947.91 foot radius, compound
curve, concave Northwesterly; thence Northeasterly along the arc of said curve through
a central angle of 06°02,40,,, a distance of 100.00 feet; thence tangent fo said curve
North 43°11,08,, East, 384.17 feet to the beginning of a tangent 876.98 foot radius curve,
concave Southeasterly; thence Northeasterly along the arc of said curve through a central
~ngle of 05°43'00'', a d~sfan~ of 87.50 feet f~ ~he beg~r.n~ng of a 470.00
cc~pound curve, concave Southerly; thence Easterly along the arc of said curve through
a central angle of 31~20'13'', a distance of 257.06 feet to the beginning of a 8~6.98
f~f radius, c~pound curve, concave Southerly; thence Easterly along the arc of said
curve through a central angle of 04~46,11., a distance of 73.01 feet to the point of
intersection with the centerline of Fourth Avenue, said point being distant thereon
North 17~53'57. West (North 18~27'44,, West per McMILLIN ~ACT, Map No. 5626 recorded
on September 14, 1965 as File/Page NO. 166816 in said Recorder's Office), 670.68 fee~
from the intersection of the centerlines of Fourth Avenue and ~ss Street as shown on
said Map No. 5626, said point also being the POINT OF TERMINUS.
542
~rcel No. 84-0222-B (4-1-85) (TRF:JS:at)
Grantor further grants to the C~tv Of Chu]a V~s~a a temporary construction easement for
the purpose of operating construction equipment and vehlcles; for the temporary storage
of building material and equipment necessary for the construction of the flood control
channel and Its appurtenances; for temporary s~orage of spoil or excavated material during
the period of construction of the flood control channel and for any other operations
necessary and incident to the construction of said flood control channel over~ under
and ~¢ross said Brown land lying Norther!y of a line that is 25.00 f~t Souiherly of
and concentric with Ibc cenierline of said Parcel No. 84-0222-A AND lying Southwesterly
~f a line that is t5.00 feet Easterly of and parallel with the Westerly line of said
Brown land.
TOGETHER with that pertion of said Brown's land lying Northwesterly of a line that is
30.00 feet Southeasterly of and concentric with the centerline of said Parcel No. 84-0222A
AND Northeasterly of a line that is 15.00 feet Easterly of and parallel with the Westerly
line of said Brown land.
EXCEPTING therefrom those portions lying within said Parcel No. 84-0222-A.
Grantee shall, upon completion ef construction mf the flood control channel, and upon
application of Grantor, deliver, at no cost to Grantor, an executed Quitclaim Deed for
the land described above as a temporary construction easement.
' · 543
The. Gran~ee shall have the right to fence all or any portion of said easement herein
cOn~eyed.within which there is installed or constructed an unenclosed flood drainage
channel. The Grantee, its successors and assigns, shall be responsible for operatlng, ~
maintaining, and keeping in good repair the above described works of Improvement.
The ~antor, his successors and assigns, reserves the right to enclose in a manner approved
by the Grantee, its successors and assigns, any portion of an unenclosed flood drainage
channel provided such enclosure is constructed or installed by a licensed contractor
in accordance with plans and specifications approved by and to the satisfaction of the
Grantee, its successors and assigns. In granting its approval the Grantee, its successors
and assigns, may impose reasonable conditions including, but not limited to, the filing
by t~e c~,~r~, ~,.- tw Ol: n~or of ]i~ ;~deq,mte ~,',-~or~ance bond !o ~.c~;~n%~e completion
of ihe work.
There is reserved to the Grantor, his successes and assigns, the right and privilege
to use the above described land of the Grantor at any time, in any manner end for any
purpose not inconsistent with the full use and enjoyment by the Grantee, its successors
and assigns, of the rights and privileges herein granted.
Executed th is ~ ~ day of
WILLARD K. BROWN
ELI NOR M. BROWN
u. 544
On March 26, 1986
, before me, ROB£RT D. ZU~ALT, County Clerk and
ex-officio Clerk of the Superior C0u~t in and for said£ouQ~ ~St~e whi~
court of record having a seal, personally appeared !~l/~roK. ~rbwn ano e
Elinor M. Brown
~nd pr0¥e~ to ~ on the basis of satisfactory evidence to be ~be per~n{s}~hose
H~the(are)s~e. SUbscribed to the within lnstr~ent and acknowledged that..__~be~ executed
WITNESS my hand and official seal.
ROBERT D. ZUMWALT
County Cierk and ex-officio Clerk
of the S.uperior Court
Betty Burt
N~e {Typed or Printed~
This is to certify that the interest in real property conveyed by
the foregoing deed or grant to the City of Chula Vista, a political
corporation and/or governmental agency is hereby accepted on behalf
of the public pursuant to authority conferred by City Council Resolution
No. 12713, adopted on September 16, 1986, and the Grantee consents
to the recordation thereof by ~ts duly authorized officer
'
Gregor~ ~ Cox, Mayor
I
NS' RUMENT TO.' Ills S?-274405
P. O. ~ 1~
NO ~ANS~k IAX UUC SPACE ABOV~ FOR RECORDER~S US~ ONLY
EAS~
DRAINAGE
/'.ss~sso~ 's Parcel Project: Tele§raph Canyon Cha~mel
No. 618-400-01 W.O. No.: TE2572
· Parcel No.: 84-0248-A&B
Log No.: B002-6
WILLARD K. BROWN and ELINOR M. BROWN,
h~Jsband and wife joint trustee
hereinafter designated Grantor(s) do(~s) hereby grant, bargain, convey and release unto
CITY OF CHI/LA VISTA herein designated Grantee, its successors and assigns, a perpetual
easement and right-of-way upon, through, under, over and across the hereinafter described
real property for the installation, construction, maintenance, repair, replacement,
reconstruction and inspection of an enclosed or unenclosed flood DRAINAGE channel and
II structures incidental thereto, and for the flowage of any waters in, over, upon or
through said channel, together with the perpetual right to remove buildings, structures,
trees, bushes, undergrowth, and any other obstruction interfering with the use of said
easement and right-of-way by the Grantee, its s~ccessors or assigns. To have and to
hold said easement and right-of-way unto itself and unto its successors and assigns forever
together with the right to convey said easement, or any portion of said easement, to
other public agencies.
The real property referred to hereinabove and made subject to said easement and right-of-way
by this grant is situated in the County of San Diego, State of California, and is particularly
described as follows:
Parcel No. 84-0248-A (5-21-85) (TRF:JS:at)
A strip of land 40.00 feet wide across that portion of Lot 1 of McMtLLIN TRACT, in the
County of San Diego, State of California, according to Map thereof No. 5626, filed in
the Office of the County Recorder of said County, September 14, 1965, included in that
land described in deed to Macey L. McMillian, Jr., et ux recorded March 21, 1966 as File/Page
No. 47152 in said Recorder's Office, lying 20.00 feet on each side of the following described
centerline:
Commencing at the intersection of the centerlines of Moss Street and 5th Avenae as shown
on CHULA VISTA TRACT NO. 80-7, Map No. 10038 filed In the Office of the County Recorder
of San Diego County; thence Northerly along the centerline of 5th Avenue
North 17°56'44" West, (North 18~29'05'' West per Map No. 10038), 337.12 feet to the TRUE
)INT OF BEGINNING; thence leaving said centerllne, North 71~32'39" East, 259.88 feet
.o the beginning of a tangent 947.91 foot radius curve, concave Northwesterly; thence
Northeasterly along the arc of said curve through a central angle of 06'02'40", a distance
of 100.00 feet to the beginning of a 492.00 foot radius, cc~npound curve, concave
Parcel No-. 84-0248-A (Cont'd)
Northwesterly; thence Northeasterly along the arc of said curve through a central angle
of 16°16'10'', a distance of 139.71 feet to the beginning of a 947.91 foot radius, compound
curve, concave Northwesterly; thence Northeasterly along the arc of said curve through
a central angle of 06°02~40'', a distance of 100.00 feet; thence tangent to said curve
North 43°11'08" East, 384.17 feet to the beginning of a tangent 876.98 foot radius curve,
concave Southeasterly; thence Northeasterly along the arc of said curve through a central
angle of 05°43'00., a distance of 87.50 feet to the beginning of a 470.00 foot radins,
c~p.:,~nd c~rve, c~c~ve So~dherly; ~her~ce Easterly along ~he arc of said curve through
a central angle of 31°20'13", a distance of 257.06 feet to the beginning of an
876.98 foot radius, compound curve, concave Southerly; thence Easterly along the arc
of said curve through a central angle of 04°46'11", a distance of 73.01 feet to the point
of intersection with the centerline of Fourth Avenue, said point being distant thereon
North 17°53'57" West (North 18°27'44'' West per said Map No. 5626), 670.68 feet from the
intersection of the centerlines of Fourth Avem]e and Moss Street as shown on said Map
No. 5626, said point also being the POINT OF TERMINUS.
Oa~cel No. 84-0248-B (4-3-85) (TRF:JS:at)
Grantor further grants to the ~tty O~ Chu]a V~$ta a temporary construction easement for
the purpose of operatlng construction equipment and vehicles; for the temporary storage
of building material and equipment necessary for the construction of the flood control
channel and Its appurtenances; for temporary storage of spoil or excavated material during
the period of construction of the flood control channel and for any other operations
necessary and incident to the construction of said flood control channel over, under
and across said Br~wn land lying Northwesterly of a line that is 30.00 feet Southeasterly
of and parallel wiih the cenlerline of said Parcel No. 84-0248-A.
EXOEPTING therefrom that portion lying within said Parcel No. 84-0248-A.
Grantee shall, upon completion of construction of the flood control channel, and ~Jpon
application of Grantor, deliver, at no cost to Grantor, an executed Quitclaim Deed for
the land described above as a temporary construction easement.
1118
Th~ Grantee shall have the right fo fence al 'or any portion of sald easement herein
conveyed' wlthln which there ls Installed or constructed an unenclosed flood drainage
~hannel. The Grantee, Its successors and assigns, shall be responsible for operatlng,
maintaining; and keeping In good repair the above described ~orks of improvement.
.The Grantor, his successors and assigns, reserves the right fo enclose In a manner approved
by the Grantee, Its successors and assigns, any portion of an unenclosed flood drainage
channel provided such enclosure Is constructed or Installed by a Ilcensed contractor
~ln accordance with plans and speclflcatlons approved by and to the satisfaction of the
Grantee, its successors and assigns. In granting its approval the Grantee, Its successors
and assigns, may Impose reasonable conditions Including, but not limited fo, the filing
by the contractor or Grantor of an adequate performance bond to guarantee completion
of the work.
~here ls reserved to the Grantor, his successors and assigns, the right and privilege
to use the above described land of the Grantor at any time, in any manner and for any
purpose not inconsistent with the full use and enjoyment by the Grantee, its successors
iand assigns, of the rights and privileges herein granted.
=Executed ~his ~ ~?~ day of ~'~/c~ . 19~.
WILEARD K. BROW~
EL I NOR M. BROWN
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) SS
On Marnh 26, ]986 , before me. ROBERT D. ZUNWALT, County Clerk and
ex-officio Clerk oK the Superior Court in and for said County and State, which is a
court of record having a seal, personally appeared I,Hllnv-rt E Rrnwn and
Clinor M. Brown
and proved to ~e on the basis of satisfactory evidence to be the per~n{s) whose mame(s)
-4~-(are) subscribed to the within instrument and acknowledged that he)/ executed
the same.
WITNESS my hand and official seal.
ROBERT D. ZUNWALT
County Clerk and ex-officio Clerk
Betty Burt
Name (Typed or Printed)
This is to certify that the interest in real property conveyed by
the foregoing deed or grant to the City of Chula Vista, a political
corporation and/or governmental agency is hereby accepted on behalf
of the public pursuant to authority conferred by City Council Resolution --
No. 12713, adopted on September 16, 1986, and the Grantee consents
to the recordation thereof by its duly authorized officer.
Dated: September 17, 1986Greg~o~/~' &'
COX, Mayor ~j~7/~
~ ! "RECORDED IN'-'-'~
'.W~EN RECORDED, PLEASE MAIL U
~HIS INS'TRUMENT TO: IOFSAN DIEGO COUNTY, CA.
~ity Clerk 1987SEP1 0 AMS:00
City of Chula Vista
State of Cali fornia ~OUN~ REOORD[R
P.O. Box 1087
Chula Vista, CA 92012
NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER"S USE ONLY
SUBORDINATION AGREEMENT (Deed of Trust)
Assessor's Parcel No. 819-010-52 Work Order No.: ~2572
Project : ~el~caph Canyon C¢eek
Parcel : 84-0202A~ B
G~BA~ ~RIC~ EI~S~ SAV~ B~E (~o~e¢1~ S~ D~ego E~ecal
WHEREAS,
the beneficiary uner that certain Deed of Trust executed on the~day of
~uly ,19 7% by~alph B~, ~ un~c~i~ ~n
to California Gene¢al Moctg~ge Secvim~ T~C.~
Trustee, which said Deed offrust was duly recorded AuQ~E :g, lC?? ~ ~{]m ~n. W-3134~
in the Office of the Recorde~of San Diego County,
California, and said Beneficiar~is ~) also the owner and holder
of the note and other evidence of indebtedness for which said Deed of Trust
was given as security; and
WHEREAS, on the 21st day of ~,19 85,
Ralph
executed and delivered to the Oity Cle¢~
City of Chula Vista, State of Caliornia, a certain easement and right of way
for the constructions, operation and maintenance of
· em~aCy ConstCuction~ Basement
through over, alon9 and across the land described in said Deed of Trust, which
said easement and right of way is ce~e~ ~o "A" feet in width, and more parti-
cularly described as follows:
P~C complete l~g~l ~cclph~on c~fec t~ Rxh]bit "A" attached hereto a~d
made a ~ct heceof.
Parcel No. 84-0202-A (5-22-85) (TRF:JS:at) EX~IBIT "A"
- ,.. 123
~ha,. p, ort]~n of Lot 25 of CHULA VISTA, in the County of San Diego, State of California,
a~oord~n~ to Map thereof No. 505, filed in the Office of the County Recorder of said
Co, unty, March 13, 1888, included in that land described in deed to Ralph Bwy recorded
October 12, 1976, as File/Page No. 76-334213 in said County Recorder's Office, described
as follows:
Commencing at the point of intersection of the centerlines of Fourth Avenue and Moss
Street as shown on MCMILLINTRACT, according toMap thereof No. 5626, filed in said Recorder's
Office; thence North 17'53'57" West, (North 18'27'44' West per said Map No. 5626)
670.68 feet to a point on the arc '
of a non-tan~en,t 876.98 foot radius curve, concave
Southerly, a radial to said point bears North 04 59 28' West; thence Easterly along the
arc of said.curve through a central angle of 00'56'49", a distance of 14.49 feet; thence
tangent to said curve North 85'57'21" East, 26.71 feet to the Northwesterly right-of-way
line of said Fourth Avenue; thence along said right-of-way line South 17'53'57" East,
38.00 feet; thence leaving said right-of-way line ~orth 84'30'00" East, 76.77 feet to
a point on the arc of a non-tangent 271.00 foot radius curve, concave Southerly, a radial
to said point bears North 12'39'54" West, said point being also designated Point 'A";
thence Easterly along the 'arc of said c!~rve be!rig also the Northerly bo~ndary iine ot
said Bwy land thro~Jgh a central angle of 15°40'57'', a distance of 74.18 feet; thence
tangent to sa;d c~rve So,~*h 86°58'57'' East, 150.00 feet fo the beginning of e tangent
275:00 fcaqt radius c~Jrve, concave Northerly; thence Easterly along the arc of said c~rve
through a Central angle of 20'37'00", a distance of 98.95 feet to the beginning of a
282.00 foot radius, reverse c~rve, concave Southerly; thence Easterly along the arc of
said curve thro~gh a central angle of 05°15'I1'', a distance of 25.85 feet to the TRUE
POINT OF BEGINNING; thence contin~ing along the arc of said 282.00 foot radius c~]rve
thro~$gh a central angle of 29°1~'34", a distance of 143.93 feet; thence leaving said
Northerly boundary line South 0a°02'39'' East, 12.44 feet; thence South 85'57'21" West,--
68.17 feet; thence North 73°04'~a,' West, 78.54 feet to the TRUE POINT OF BEGINNING.
124
Parcel No..Sd-O202-D (5-22-85) (TRF:J§:at)
Grantor further grants to the c .... .,. ~ c~ n;~^
........ ; .......... ~.. a temporary construction easement for
the purpose of operating construction e~uipment and vehicles; for the temporary storage
of building material and equipment necessary for the cons~uction of the fl~d control
channel and its appurtenances; for temporary storage of spoil or excavated material during
the p~iod of construction of the fl~d control channel and for any other operations
necessary and incident to the construction of said fl~d control channel over, under
and across that portion ~f said Bwy land described as follows:
BEGINNING at said Point "A", being located on the arc of a 271.00 f~t radius cnrve,
concave Southerly, a radial to said point bears North 12'39'54" West; thence Easterly
atong the arc of said curve being also the Northerly boundary line of said Buy land through
a central angle of 15'40'57'', a distance of 74.18 feet; thence tangent to said curve
Sooth 86*58'57",East, 150.00 feet to the beginning of a tangent 275.00 f~t fadius curve,
concave Northerly; thence Easterly along the arc of said curve through a central angle
of 20*37'00", a distance of 98.95 feet to the beginning of a 2~2.00 f~t radius, reverse
cnrve, concave Southerly; thence Easterly along the arc of said curve through a central
angle of 05'15'II'', a distance of 25.85 feet; thehce leaving said Northerly boundary
line and leaving the arc of said curve South 73'04'14" East, 78.54 feet; ~hence
N~rt~ 87'57'43" West, 335.00 feet; thence South 85~57'21'' West, 70.00 feet; thence
South 84~30'00" West, 16.67 feet to Point "A".
Grantee shall, apon comDletion of construction of the fl~d contr~[ channel, and upon
aDplication of Grantor, deliver, at no cost to Grantor, an executed Quitclaim Deed for
the land described above as a temporary construction easement.
WHEREAS the parties desire to have sai~ Deed~o~rust subordinated to said
~ase~t Deed;
~OW', THEREFORE, for valuable consideration the receipt of which is hereby
acknowledged, the undersigned beneficiary hereby waive the
priority of the aforementioned Deed of Trust in favor of said Easement
Deed to the same extent as if said Easement Deed had been executed prior to
the said Deed of Trust hereinabove described.
GREAT /~AM~RI,CAN FIRST SAVINGS BANK
Dated September 2 1997 BY: ¢~,~ L~ '
./ ' da Zald~icm~.President
Martha Hurtado, Administrative Officer
STATE OF CALIFORNIA
County of San Diego ss:
On Septen~er 2 ,19 87 before me, the undersigned, a Notary Public
in and for said County and State, personally appeared T.inrlm ~l~l~ .... ~n~
Martha Hurtado
known to me to be the person whose Names subscribed to the within in-
strument and acknowledged that they executed the same.
Witness my hand and official seal.
for said County and State
STATE OF~CAL~FORN~A! ss:
Cou~ '
i STATE OF CALIFORNIA
On ~ COHN~ OF San Diego .
me, I ~ o~, _ ~ 1987 , before me, the undersigned, a Notary Public in and for
i n I ~ said State, personally appeared L~nda Zaldiva~' _and
appl '~E Maz-tha__ Hurtado_ , personally known to me (or proved to me on the
< ~' basis~fsatisfact~ryevidence)t~bethe~ers~nswh~executedthewithininstrumentas~Sst~ Vice
kn°l L~ E . Presidentan~. Office][~ecretary, onbehalfof_~-r-p~t- A.n~r~can
asci ~ o
o o First Savings Bank
~ ~ such corporation executed the wit hin [mst ru merit pursuant to its
Wi I byqaws or a resolution of its board of directors
at j N~ WIT~ESS m
~' Signature '~'-- (This area tot official notarial seal)
BY
WHEN R~CORDED, PLEASE MAIL 1 ~'="-RECORDED IN~
TN~S IN~STRUMENT TO: U ~14 1 87-512228 I_~FFtClAL RECORDs
--' ! ', I OF SAN DIEGO ~UN~,C~
~ ~* ~ ~ ~ 1
- ~. o. ~ ~ ~ ~ ~987SEP1 0
VE~A ~ LYLE
NO TRANSFER TAX DUE ~ 1 SPACE ABOVE FOR RECORDER'S USE ONLY
DRA I NAGE
Assessor's Parcel Project: Telegraph Canyon Channel
No. 619-010-52 W.O. No.: TE2572
Parcel No.: 84-0202-A~B
Log No.: B~2-6
RALPH BWY,
a married man who acquired title as an unmarried man
her~e~(naf%er~deti~igpjted Grantor{z) do(es) hereby grant, bargain, convey and release unto
COb~,.~.~, ~.~.~ ~t.~F°o~ herein designated Grantee, its successors and assigns, a perpetual
easement and right-of-way upon, through, under, over and across the hereinafter described
real property for the installation, construction, maintenance, repair, replacement,
i~ reconstruction and inspection of an enclosed or unenclosed flood DRAINAGE channel and
~l structures incidental thereto, and for the flowage of any waters in, over, upon or
.)rough said channel, together with the perpetual right to remove buildings, structures,
trees, bushes, undergrowth, and any other obstruction interfering with the use of said
easement and right-of-way by the Grantee, its successors or assigns. To have and to
hold said easement and right-of-way unto itself and unto its successors and assigns forever
together with the right to convey said easement, or any portion of said easement, to
· ~ other public agencies. '
The real property referred to hereinabove and made subject to said easement and right-of-way
by this grant is situated in the County of San Diego, State of California, and is particularly
described as follows:
Parcel No. 84-0202-A {5-22-85) (TRF:JS:at)
That portion of Lot 25 of CHULA VISTA, in the County of San Diego, State of California,
according to Map thereof No. 505, filed in the Office of the County Recorder of said
County, March 13, 1888, included in that land described in deed to Ralph Bwy recorded
October 12, 1976, as File/Page No. 76-334213 in said County Recorder's Office, described
, as follows:
Commencing at the point of intersection of the centerlines of Fourth Avenue and Moss
Street as shown on MCMILLIN TRACT, according to Map thereof No. 5626, filed in said Recorder's
Office; thence North 17°53'57'' West, (North 18°27'44" West per said Map No. 5626),
670.68 feet to a point on the arc of a non-tangent 876.98 foot radius curve, concave
Southerly, a radial to said point bears North 04 59'28" West; thence Easterly along the
'c of said curve through a central angle of 00'56'49", a distance of 14.49 feet; thence
ngent to said curve North 85'57'21" East, 26.71 feet to the Northwesterly right-of-way
line of said Fourth Avenue; thence along said right-of-way line South 17°53'57'' East,
38.00 feet; thence leaving said right-of-way line North 84'30'00" East, 76.77 feet to
a point on the arc of a non-tangent 271.00 foot radius curve, concave Southerly, a radial
to said point bears North 12'39'54" West, said point being also designated Point "A"; .~
Parcel No. 84-0202-A (Cont'd) -
thence Easterly along the arc of said curve being also the Northerly boundary line of
said Bwy land through a central angle of 15°40'57", a distance of 74.18 feet; thence
tangent to said curve Sou+h 86°58'57" East, 150.00 feet to the beginning of a tangent
275.00 foot radius curve, concave Northerly; thence Easterly along the arc of said c~rve
through a central angle of 20°37'00', a distance of 98.95 feet to the beginning of a
282.00 foot radius, reverse curve, concave Southerly; thence Easterly along the arc of
said curve through a central angle of 05°15'11'', a distance of 25.85 feet to the TRUE
POINT OF BEGINNING; thence continuing along the arc of said 282.00 foot radius curve
through a central angle of 29°14'34", a distance of 143.93 feet; thence leaving said
Northerly boundary line South 04°02'39'' East, 12.44 feet; thence South 85°57'21" West,
68.17 feet; thence North 73°04,14. West, 78.54 feet to the TRUE POINT OF BEGINNING.
~arcel No. 84-0202-B (5-22-85) (TRF:JS:at)
Grantor further grants to the ............. v. ...... , .., ~,. _,~..n:~^ a temporary construction easement forK
the purpose of operating construction equipment and vehicles; for the temporary storage
of building material and equipment necessary for the construction of the flood control
channel and its appurtenances; for temporary storage of spoil or excavated material during
the period of construction of the flood control channel and for any other operations
necessary and incident to the construction of said flood control channel over, under
and across that portion of said Bwy land described as follows:
BEGINNING at said Point "A", being located on the arc of a 271.00 foot radius curve,
concave Southerly, a radial to said point bears North 12°39'54'' West; thence Easterly
along the arc of said curve being also the Northerly boundary line of said Bwy land through
a central angle of 15°40'57'', a distance of 74.18 feet; thence tangent to said curve
South 86°58'57'' East, 150.00 feet to the beginning of a tangent 275.00 foot radi,Js curve,
concave Northerly~ thence Easterly along the arc of said curve through a central angle
of 20°37'00", a distance of 98.95 feet to the beginning of a 282.00 foot radius, reverse
curve~ concave Southerly; thence Easterly along the arc of said curve through a central
angle of 05~15'11", a distance of 25.85 feet~ thence leaving said Northerly boundary
line and leaving the arc of said curve South 73~04'14'' East, 78.54 feet; thence
North 87~57'~3" West, 335.00 feet; thence South 85°57'21" West, 70.00 feet; thence
South 84~30'00'' West, 16.67 feet to Point "A".
Grantee shall, upon completion of construction of the flood control channel, and upon
application of Grantor, deliver, at no cost to Grantor, an executed Quitclaim Deed for
~he land described above as a temporary construction easement.
117
T~e Grantee shall have the right to fence all or'any portion of said easement here~n
conveyed within which there is installed or constructed an unenclosed flood drainage
~hannel. The Grantee, its successors and assigns, shall be responsible for operating,
~intaining, and keeping in good repair the above described works of improvement.
The Grantor, his successors and assigns, reserves the right to enclose in a manner approved
by the Grantee, its successors and assigns, any portion of an unenclosed flood drainage
channel provided such enclosure is constructed or installed by a licensed contractor
in accordance with plans and speclf~ca~ions approved by and to the satisfaction of the
Grantee, its successors and assigns. In granting its approval the Grantee, its successors
and assigns, may impose reasonable conditions including, but not limited to, the filing
by the contractor or Grantor of an adequate performance bond to guarantee completion
of the work.
There is reserved to the Grantor, his successors and assigns, the right and privilege
to use the above described land of the Grantor at any time, in any manner and f~ any
purpose not inconsistent with the full use and enjoyment by the Grantee, ifs successors
and assigns, of the rights and privileges herein granted.
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) SS U~
On nrtnhpr 21, 1 985 , before me, ROBERT D. ZUflWALT, County Clerk and
ex-officio Clerk of the Superior Court in and for said County and State, which is a :
court of record having a seal, personally appeared ~lph Rwy
and~roved to me on the basis of satisfactory evidence to ~ the person~~) ~ose name{~)
is ~'~) subscribed to the within lnstr~ent and acknowledged that he e~ecuted
WITNESS m~ hand and official seal.
ROBERT ~. ZU~ALT
County Clerk and ex-officio Clerk
Name (Typed or Printedl
·his is to ce:t±[y that the 1rite:est in :eal p:ope:ty conveyed by
the ~o:e~oi~9 deed o: g:ant to the City o~ Chula Vista, a polktical
co:po:ation a~d/o: gove:nme~tal agency is he:eby accepted on behalf
o~ the public p~:suant to autSo:ity co~[e::ed b~ City Council Aesolution
~o. 12~13, adopted o~ Septembe: 16, 1986, a~d the G:a~tee co~se~ts
to the ~eco:dation tSe:eo~ by its duly autho:i~ed DE[ice:.
Dated: September 17, 1986 e~
Gr Cox, Mayor
,~' , I OF~C~L RECOR~ I
1986 DEC 1 6 AM8:
NO TRANSFER TAX DUE SPAC~ ABOV~ FOR R~CORDER~S USS ONLY
E~L~L~I~I~T
DRAINAGE
Assessor's Parcel Project: Telegraph Canyon Channel
No. 618-073-14 W.O. No.: TE2572
Parcel No.: 84-0214-A,B,C
Log No.: B002-6
JOE B. ROYAL and NANCY L. ROYAL,
husband and wife
and Merrill Lynch Relocation Hanagement, Inc., a California Corporation
~ated Grantor(s) do(~x) hereby grant, bargain, convey and release unto
herein designated Grantee, its successors and assigns, a perpetual
and right-of-way .pon, through, under, over and across the hereinafter described
real property for the installation, construction, maintenance, repair, replacement,
'econstr-uction and inspection of an enclosed or unenclosed flood DRAINAGE channel and
]t stcL~cttires incidanlal theraflu, and for the flo~aga ot ani~ waters ~n, over, up<~n
through said channel, together with the perpetual right t9 remove buildings, structures,
trees, bushes, undergrowth, and any other obstruction interfering with fha use of said
easement and right-of-way by the Grantee, its successors or assigns. To nave and
hold said easement and right-of-way unto itself and unto its successors and assigns forever
together with the right to convey said easement, or any portion of said easement,
other public agencies.
The real property referred to hereinabove and made subject to said easement and right-of-way
by this grant is situated in the County of San Diego, State of Cali~oraia, and is particularly
described as follows:
Parcel No. 8~-0214-A (4-2-85) (TRF:JS:at)
A strip of land 40.00 feet wide across Southerly Half of Lot 27 of Quarter Section 146
of CHULA VISTA, in the County of San Diego, State of California, according to Map thereof
No. 505, filed in the Office of the County Recorder of said County, March 13, 1888, included
in that land described in Parcel D in deed to Joe B. Royal, et ux, recorded
February 27, 1973 as File/Page No. 73-050409 in said Recorder's Office, lying 20.00 feet
on each side of the following described centerline:
Commencing at the intersection of the centerlines of Moss Street and 5th Avenue as shown
on CHULA VISTA TRACT NO. 80-7, Map No. 10038 filed in the Office of the County Recorder
of San Diego County; thence Northerly along the centerline of 5th Avenue
~orth 17~56'44" West, (North 18~29'05" West per Map No. I0038), 337.12 feet to the TRUE
~INT OF BEGINNING; thence leaving said centerline, North 71~32'39'' East, 259.88 feet
ro the beginning of a tangent 947.91 foot radius curve, concave Northwesterly; thence
Northeasterly along the arc of said curve through a central angle of 06"02'40", a distance
of 100.00 feet to the beginning of a 492.00 foot radius, compound curve, concave
356
Parcel No. 84-0214-A (Cont'd)
Northwesterly; thence Northeasterly along the arc of said c~Jrve thro~gh a central angle
of 16°16'10'', a distance of 139.71 feet to the beginning of a 947.91 foot radi~s, compound
c~rve, concave Northwesterly; thence Northeasterly along the arc of said c~rve thro~gh
a central angle of 06°02'40'', a distance of 100.00 feet; thence tangent to said curve
North 43°11'08'' East, 384.17 feet to the beginning of a tangent 876.98 foot radi~.'s curve,
concave Southeasterly; thence Northeasterly along the arc of said c~Jrve thro~Jgh a central
angle of 05°43'00'', a distance of 87.50 feel to the beginning of a 470.00 foot radi~Js,
compo~nd c~Jrve, concave So~therly; ~hence Easterly along the arc of said curve thro~gh
a central angle of 3t°20'13'', a distance of 257.06 feet to the beginning of a 876.98
foot radius, compound c~]rve, concave So~}therly; thence Easterly along the arc of said
c,rve through a central angle of 04°46'tl'', a distance of 73.01 feet to the point of
intersection with the centerline of Fo~]rth Avenue, said point being distant thereon
North 17°53'57'' West (North 18°27'44'' West per McMILLIN TRACT, Map No. 5626 fi led in
said Co~Jnty Recorder's Office), 670.68 feet from the intersection of the centerlines
of Fo~]rth Avenue and Moss Street as shown on said Map No. 5626, said point also being
the POINT OF TERMINUS.
357
arcel No. 84-0214-B&C (4-2-85) (TRF:JS:at)
orantor flJrther rants to the r
the purpose of operating construction equipment and vehicles; for the temporary storage
~--~of necessary construction of the flood cont[o
building
for
the
channel and its appurtenances; for temporary storage of spoil or excavated material during
the period of construction of the flood control channel and for any other operations
necessary and incident to the construction of said flood control channel over, under
and across said Royal land lying 30.00 feet on each side of the centerline described
in said Parcel No. 84-0214-A.
EXCEPTING therefrom those portions lying within said Parcel No. 84-0214-A.
Grantee shall, upon completion of construction of the flood control channel, and upon
application of Grantor, deliver, at no cost to Grantor, an executed Quitclaim Deed for
the land described above as a temporary construction easement.
'£his is to certify that the interest in real property conveyed by
tile foregoing deed or grant to the City of Chula Vista, a political
corporation and/or governmental agency is hereby accepted on behalf
of the public pursuant to authority conferred by City Council Resolution
No. 12713, adopted on September 16, 1986, and the Grantee consents
to the recordation thereof by its duly authorized officer.
Dated: September 17, 1986 ./~ / ~
Gregor~ R~ Cox, Mayor
The Grantee shall have the right to fence al'l or any portion of said easement herein
conveyed within which there is installed or c~nstr~cted an unenclosed flood drainage
channel. The Grantee, Its successors and assigns,, shall be responsible for operating,
maintaining, and keeping in good repair the above described works of improvement.
The Grantor, his successors and assigns, reserves the right to enclose in a manner approved
by the Grantee, its successors and assigns, any portion of an unenclosed flood drainage
channel provided such enclosure is constructed or installed by a licensed contractor
in accordance with plans and specifications approved by and to the satisfaction of the
Grantee, its successors and assigns. In granting its approval the Grantee, its successors
and assigns, may impose reasonable conditions including, but not limited to, the filing
by the contractor or Grantor of an adequate performance bond to guarantee completion
of the work.
There is reserved fo the Grantor, his successors and assigns, the right and privilege
to use the above described land of the Grantor at any time, in any manner and for any
purpose not inconsistent with the full use and enjoyment by the Grantee, its successors
and assigns, of the rights and privileges herein granted.
Executed this ~ day of .~j~.. ,
By NANCY L. ~AL
STATE OF ~£1~0~'~ ) ss.
County of ~ fE~R~ )
II/ , t9 ~, before me, the undersigned, a Notary Public
in and for said~County and State, personally appeared ~]~-oE_~z~'~]~ L __
known to me to be the person ~ whose name~ ~ subscribe~
Witness my hand and official seal.
~ Notary Public ~ and for said County and State
This is +o certify that the interest in real pro;erty conveyed by the foregoing deed
or grant fo the COUNTY OF SAN DIEGO
a political corporation and/or governmental agency is hereby
accepted on behalf of ifs Board, pursuant to aafhority conferred by Resolution of said
Board adopted on March 20, 1979, and the Grantee consents to the recordation thereof
by its daly authorized officer.
Dated
~c~,~o.; ~ TICOR TITLE INSURANCE
STATE OF CALIF~ORNIA
COVNTVOV (D~O~I~__, ~ s~.
before ~ ·
~n~y kno~ to me or proved to ~ ~he b~s .......
of ~fa~o~ ~dence to be the ~non who exe~t~
proved to me on the b~ of sa~f~o~ e~dence ~'
to be ~
~ pe~a who executed the wi~ ins~ment ~ ~e
~ * Secret~ of ~e Co~orafion
that exerted the within ins~ment and ac~owledged
to me ~ such co~oration executed ~e with~ ~.
ment p~ant to i~ by-laws or a resolution of i~
bo~d of dire~o~.
W~NESS my hand ~d officiM ~&
(~ ~ f~ offic~ ~o~ ~)
6-5S7779
WHEN-RECO~DED~ PLEASE MAIL ~'""RECORDED )N--"l
T~IF. INSTRUMENT TO:
I OF SAN DIEGO COUN~ I
City Clerk 1986 DEC 1 6 AMS:
City of Chula Vista
P.O. Cox 1087
Chula Vista, CA 92012
NO TRANSFER TAX DUE
SPACE ABOVE FOR RECORDER"S USE ONLY
~ ~ [m'~--~ SUBORDINATION AGREEMENT
(Deed of Trust)
Assessor's Parcel No. _ _ Work Order No.:~
Project : ~el~h C~o~ ~el
Parcel : 84-0214-A~5,C
WHEREAS, Se~s
the beneficiar~ uner that certain Deed of Trust executed on the 6~ day of
July ,1984 , by JOE B. ROY~ ~d ~ L. ~Y~, h~d
~d wife to~S-CO~T SE~S, ~C., a ~lifo~ia
~ration
Trustee, which said Deed o~rust was duly recorded J~y 23, 1984 as Fil~ No.
84-276578 in the 0ffice of the Recorder of San Diego County,
California, and said Beneficiary is (are) also the owner and holder
of the note and other evidence of indebtedness for which said Deed of 7rust
was given as security; and
WHEREAS, on the 8~ day of Nov~r ,1985 , J~ B. ~yal ~d N~ L.
~yal ~d ~rrill L~ch Relocation b~ag~t, Inc.
executed and delivered to the
City of Chu]a Vista, State of Caliornia, a certain easement and right of way
for the constructions, operation and maintenance of a t~r~ const~ction eas~t
through over, along and across the land described in said Deed of Trust, which
said easement and right of way is re£er to "A" feet in width, and more parti-
cularly described as follows:
For cor~31ete legal description refer to Sbd~ibit "A" attached hereto atndr0ade a pa]ct hereo
97 353
~I!~£REAS, the p~rties desire to have said Deed of Trust subordinated to said
Easement Deed;
NOW, THEREFORE, for valuable consideration the receipt of which is hereby
acknowledged, the undersigned beneficiary hereby waive the
priority of the aforementioned Deed of Trust in favor of said Easement
Deed to the same extent as if said Easement Deed had been executed prior to
the said Deed of Trust hereinabove described.
STATE OF CALIFORNIA
County of San Diego ss:
,19 before me, the undersigned, a Notary Public
thin in-
STATE OF CAUFORNIA
COUNTY OF LOS ANGELES~ ss
On this ___9t_h . . day of December 19~6_ before me, the undersigned
aNofa~/PublicinandforsoidCounh/andSfate, personallyappeored Steven C. Firth
personally known to me ( or proved to me on the basis of satisfacfon/evidence to be the person who executed
the within instrument as Vice President, and Ant oinette Sp~faer_ personally
known fo me (or proved fo me on the basis of s~fisfactorv evidence ) to be the person who executed the within
instrument as A~s t. Secretaq/of or on behalf of the corporation, and acknowledged to me that such
corporation executed the same, pursuant to its laws, or a resolution of its Board of Directors
WITNESS my hand and official seal
Signature /{1 '"- ' ~7~P/~ '' o , before
. ~. r Court
· ~ "'~"= '"'" -" '~ '~" ersonal iy
Denise S. Fox (This area for official seal)
Name (Typed or Printed)
]ed to me that
Witness whereof, I have hereunto set my hand and affixed the seal of said court
at my office in the County of San Diego, the day and year in this Certificate
first above written.
ROBERT D. ZUMWALT, County Clerk and ex-officio Clerk of the Superior Court
BY ,Deputy
354
Parcel t~. 84-0214-A (4-2-85) (TRF:JS:at)
A strip of land 40.00 feet wide across Southerly Half of Lot 27 of Ouarter Sectian 146
of CHULA VISTA~ in the County of San Diego, State of California, according to Map thereof
No. 505, filed in the Office of the County Recorder of said County, March 13~ 1888, included
in that land described in Parcel D in deed to Joe a. Royal, et iix, recorded
February 27, 1973 as File/Page No. 73-050409 in said Recorder's Office, iying 20.00 feet
~on each side of the following described center line:
Commencing at the intersection of the centertines of Moss Street and 5th Avenue as shown
on CHULA VISTA TRACT NO. 80-7, Map No. 10038 filed in the Office of the County Recorder
of San Diego County; thence Northerly along the centerline of 5th Avenue
North 17°56'44" West, (North 18°29'05" West per Map No. lO03a), 337.12 feet to the TRUE
POINT OF BEGINNING; thence leaving said centerline, North 7l°32'39'' East, 259.88 feet
to the beginning of a tangent 947.91 foot r~dius curve, concave Northwesterly; thence
Northeasterly along the arc of said curve through a central angle of 06°02'40'~ a distance
of 100.00 feet to the beginning of a 492.00 foot radius, compound curve, concave
Northwesterly; thence Northeasterly along the arc of said curve through a central angle
of 16°16'10', a distance of 13g.71 feet to the beginning of a 947.91 foot radius, compound
'/e, concave Northwesterly; thence Northeasterly along the arc of said curve through
~ntral angle of 06°02'40", a distance of 100.00 feet; thence tangent to said curve
North 43°11'08'' East, 384.17 feet to the beginning of a tangent 876.98 foot radius curve,
concave Southeasterly; thence Northeasterly along the arc of said ct~rve through a central
angle of 05°43'00', a distance of 87.50 feet to the beginning of a 470.00 foot radius,
compo~md curve, concave Southerly; bhence Easterly along the arc of said curve through
a central, angle of 31°20'13'', a distance of 257.06 feet to the beginning of a 875.98
foot radius, compoand curve, concave Southerly; thence Easterly along the arc of said
curve through a central angle of 04°46'11'', a distance of 73.01 feet to the point of
intersection with the centerline of FotJrth Avenue, said point being distant thereon
North 17°53'57" West (North 18°27'44'' West per McMILLIN TRACT, ~ap No. 5626 filed in
said County Recorder's Office), 670.6S feet from the intersection of the centerl ines
nf Fourth Avem~e and Moss Street as shown on said Map No. 5626~ said point also being
the POINT OF TERMINUS.
WH~', RECORDEp, ,PLEASE MAIL
THIS INSTRUMENT TO: ~' 1 ~ _~FI IC~ RECO~os
NO T~NSFER TAX DUE ] SPACE ABOVE FOR RECOROER'S USE ONLY
DRAINAGE
Assessor's Parcel Project: Telegraph Canyon Channel
No. 618-073-11 W.O. No.: TE2572
Parcel No.: 84-0224-A&B
Log No.: B002-6
WALTER J. OSBORN and DOROTHY OSBORN,
husband and wife
hereinafter designated Grantor(s) do(tz) hereby grant, bargain, convey and release unto
CITY OF CHULA VISTA herein designated Grantee, its successors and assigns, a perpetual
easement and right-of-way upon, through, under, over and across the hereinafter described
real property for the installation, construction, maintenance, repair, replacement,
-econstruction and inspection of an enclosed or unenclosed flood DRAINAGE channel and
I structures incidental thereto, and for the flowage of any waters in, over, upon or
~nrough said channel, together with the perpetual right to remove buildings, structures,
trees, bushes, undergrowth, and any other obstruction interfering with the use of said
easement and right-of,way by the Grantee, its successors or assigns. To have and to
hold said easement and right-of-way unto itself and unto its successors and assigns forever
together with the right to convey said easement, or any portion of said easement, to
other public agencies.
The real property referred to hereinabove and made subject to said easement and right-of-way
by this grant is situated in the County of San Diego, State of California, and is particularly
described as follows:
Parcel No. 84-0224-A (5-20-85) (TRF:JS:at)
A strip of land 40.00 feet wide across that portion of the Northeasterly 55.00 feet of
the Southwesterly 220.00 feet of the Northwesterly 290.00 feet of Lot 30 in Quarter Section
146 of CHULA VISTA, in the County of San Diego, State of California, according to Map
thereof No. 505, filed in the Office of the County Recorder Of said County,
March 13, 1888, included in that land described in deed to Walter J. Osborn, et ux recorded
April 11, 1935 in Book 389, Page 302 of Official Records in said County Recorder's Office,
lying 20.00 feet Southerly of the following described centerline:
Commencing at the intersection of the centerlines of Moss Street and 5th Avenue as shown
on CHULA VISTA TRACT NO. 80-7, Map No. 10038 filed in the Office of the County Recorder
~f San Diego County; thence Northerly along the centerline of 5th Avenue
*th 17'56'44" West, (North 18'29'05" West per Map No. 10038), 337.12 feet to the TRUE
.uINT OF BEGINNING; thence leaving said centerline, North 71'32'39" East, 259.88 feet
to the beginning of a tangent 947.91 foot radius curve, concave Northwesterly; thence
Northeasterly along the arc of said curve through a central angle of 06'02'40', a distance
of 100.00 feet to the beginning of a 492.00 foot radius, compound curve, concave
1676
Parcel No. 84-0224-A (Cont'd) --
Northwesterly; thence Northeasterly along the arc of said curve through a central angle
of 16°16'10'', a distance of 139.71 feet to the beginning of a 947.91 foot radius, compound
curve, concave Northwesterly; thence Northeasterly along the arc of said c.rve through
a central angle of 06°02'40", a distance of 100.00 feet; thence tangent to said curve
North 43°11~08" East, 384.17 feet to the beginning of a tangent 876.98 foot radius curve,
concave Southeasterly; thence Northeasterly along the arc of said curve through a central
angle of 05°43'00", a distance of 87.50 feet to the beginning of a 470.00 foot radius,
compound curve, concave Southerly; thence Easterly along the arc of said c.rve through
a central angle of 31°20'13", a distance of 257.06 feet to the beginning of a
876.98 foot radius, compound curve, concave Southerly; thence Easterly along the arc
of said curve through a central angle of 04°46'11", a distance of 73.01 feet to the point
of intersection with the centerline of Fo~{rth Avenue, said point being distant thereon
North 17°53'57'' West (North 18°27'44'' West per McMILLIN TRACT, Map No. 5626 filed in
said County Recorder's Office), 670.68 feet from the intersection of the centerl ines
of Fourth Avenue and Moss Street as shown on said Map No. 5626, said point also being
the POINT OF TERMINUS.
1677
~rcel No. 84-0224-B (4-1-85) (TRF:JS:at)
Urantor further grants to the City of Chula Vista a temporary construction easement for
the purpose of operating construction equipment and vehicles; for the temporary storage
of building material and equipment necessary for the construction of the flood control
channel and its appurtenances; for temporary storage of spoil or excavated material during
the period of construction of the flood control channel and for any other operations
necessary and incident to the construction of said flood control channel over, under
and across said Osborn land lying Northwesterly of a line that is 25.00 feet Southeasterly
of and parallel with the centerline of said Parcel No. 84-0224-A.
EXCEPTING therefrom that portion lying within said Parcel No. 84-0224-A.
Grantee shall, upon completion of construction of the flood control channel, and upon
application of Grantor, deliver, at no cost to Grantor, an executed Ouitclaim Deed for
the land described above as a temporary construction easement.
1678
'The Oren~e& shall have the right to fence al'l or 'any port{on of said easement herein
conveyed within which there is installed or constructed an unenclosed flood drainage
channel.. The Grantee, its successors and assigns, shall be responsible for operating,
maintaining, and keeping in good repair the above described works of improvement.
The Grantor, his successors and assigns, reserves the right to enclose in a manner approved
by the Grantee, its successors and assigns, any portion of an unenclosed flood drainage
channel provided such enclosure is constructed or installed by a licensed contractor
in accordance with plans and specifications approved by and to the satisfaction of the
Grantee, its successors and assigns. In granting its approval the Grantee, its successors
and assigns, may Impose reasonable conditions including, but not limited to, the filing
by the contractor or Grantor of an adequate performance bond to guarantee completion
of the work.
There is reserved to the Grantor, his successors and assigns, the right and privilege
to use the above described land of the Grantor at any time, in any manner and for any
purpose not inconsistent with the full use and enjoyment by the Grantee, its successors
and ass}gna, of the rights and privileges herein granted.
WALTER J. OSB~RN
DOROTHY OSBO~N
STATE OF CALIFORNIA/
COUNTY OF SAN DIEGO) SS
On Auqust 28, 1985
~Cj~fJ~i~e~J~rk of the Supecior Co~( t~f2~3 ~ R~?~ O. ZU~ALT. County Clerk end d having a seal, Personally
Dorothy Osborn
is (are) subscribed to the within lnstr~ent and acknow~xecuted
the S~e.
WITNESS my hand end official seal.
ROBERI D. ZU~ALT
County Clerk and ex-off/cio C)erk
of the S~perior COurt
B__~etty Burt
N~ (~ped or Printed}
·hi$ is to certify that the interest in real property conve%ed by
the foregoing deed or grant to the City of Ch~Ia Vista, a pol±tical
corporation and/or governmental agency is hereby accepted on behalf
of the public pursuant to authority conferred by City Council Resolution
No. 12713, adopted on September 16, 1986, and the Grantee consents
to the recordation thereof by its duly authorized officer.
Dated: September 17, 1986
Gregor~/R~ Cox, Mayor
, Wtt,_,~ RECORDED, PLEASE ~,cbN~)£D ,~:£QU~ST or ~msr A~mle~,~ Tr~q~ ~ ~ECORDED IN~
TU~C INICT~IIMFNT T~ ' ' I OFFICIAL RECORDS
1
I OF SAN DIEGO COUNt, ~
56-516 7 1986 NOV 1 2 AMS:
I
~0
I ~- ~- ~-~:.: ?~CORDER'S USE ONL~~OFE~'
TRANSFER
TAX
DUE
EASEMENT
DRAINAGE
Assessor's Parcel Project: Telegraph Canyon Channel
No. 618~062-06 W.O. No.: TE2572
Parcel No.: 84-0228-A&B
Log No.: B002-6
MOLLY SILVA, who acquired
title as Molly Yribarren
hereinafter' designated Grantor(s) do(es) hereby grant, bargain, convey and release unto
CITY OF CHULA VISTA herein designated Grantee, its successors and assigns, a perpetual
easer".er.+ and right-of-~¢ay upon, lhr,_')lJ~h, under, over and across*.:e hereinafter described
rea! property for the installation, construction, maintenances, repair, replacement,
~eco~sfructi~n and inspection of an enclosed or ~J~enclosed flood DR&INAGE channel and
I! strdctures incidental thereto, and for the flowage of any waters !n, over, '4pon or
~-hrough said channel, together with the perpetual right to remove buildings, structures,
trees, bushes, undergrowth, and any other obstruction interfering with the t~se of said
easement and right-of-way by the Grantee, its s~ccessors or assigns. Tc have and
hold said easement and right-of-way tjn,~o itself and ~mto its successors and assigns forever
to.qether with the right to convey said easement, or any portion of said easement,
other p~blic agencies. '
]'he real property referred to hereinabove and made subject to said easemen'f and right-of-way
by this grant is situated in the County of San Diego, State of California, and is particularly
described as follows:
Parcel No. 84-0228-A (5-17-85) (TRF:JS:at)
A strip of land 40.00 feet in width across that portion of the Westerly 60.00 feet of
the Easterly 180.00 feet of Lot 25 in Quarter Section 146, in RANCHO DE LA NACION, in
the City of CHULA VISTA, County of San Diego, State of California, according to Map +hereof
No. 505, filed in the Office of the County Recorder of said County~ included in that
land described in deed to Molly Yrlbarren, recorded July 22, 1947 In Book 2460, Page
188 of Official Records in said county Recorder's Office, the sidelines of said s+rlp
of land lying 20.00 feet on each side of the following described centerline:
Commencing at the Northeasterly corner of Block "A" of OPPORTUNITY HOME TRACT according
to Map thereof No. 1496, filed in the Office of said County Recorder; thence along the
Northeasterly line of said Block "A" South 17e54'45" East (South 18~21'00'' East per Map
~. 1496) 80.74 feet to the TRUE POINT OF BEGINNING being a point on the arc of a non-tangent
.47.62 foot radius c~Jrve concave Southerly, a radial to said point bears
North 08~25'57,, West; thence Easterly along the arc of said curve through a central angle
of 02°42~42" a dlstance of 21.18 feet to the beginning of a 225.00 foot tangent, compound
curve, concave Southerly; thence Easterly along the arc of said curve through a central
angle of 19e29'I0" a distance of 76.52 feet to the beginning of a 447°62 foot radius
Parcel No. 84-0228-A (Cont'd) -
tangent, compound curve, concave Southwesterly; thence Southeasterly along the arc of
said curve through a central angle of 12°48'00" a distance of 100.00 feet to a
Point UA"; thence tangent to said curve South 63°26'03" East 48.27 feet to the beginning
of a tangent 447.62 foot radius curve, concave Northeasterly; thence Southeasterly along
the arc of said curve through a central angle of 12°48'00'' a distance of 100.00 feet
to the beginning of a tangent 225.00 foot radius compound curve, concave Northeasterly;
thence Southeasterly along the arc of said curve through a central angle of 19°25'16"
a distance of 76.27 feet to the beginning of a tangent, 447.62 foot radius, compound
curve concave Northerly; thence Easterly along the arc of said curve through a central
angle of 12°48'00'' a distance of 100.00 feet; thence tangent to said curve
North 71°32'39" East 934.87 feet to the POINT OF TERMINUS, being a point on the centerline
of Fifth Avenue, according to CHULA VISTA TRACT No. 80-7, Map No. 10038 filed in the
Office of said County Recorder, said POINT OF TERMINUS being distant thereon
North 17°56'44" West (North 18°29'05'' West per Map No. 10038) 337.12 feet from the centerline
of Moss Street as shown on said Map No. 10038.
ircel No. 84-0228-B (3-29-85) (TRF:JS:at)
Grantor further grants to the City of Chula Vista a temporary construction easement for
the purpose of operating construction equipment and vehicles; for the temporary storage
of building material and equipment ~ecessary for the construction of the flood control
channel and its appurtenances; for temporary storage of spoil or excavated material during
the period of construction of the flood control channel and for any other operations
necessary and incident to the construction of said flood control channel over, under
and across said Yribarren's land lying Southeasterly of a line that is 30.00 feet
Northwesterly of and parallel with the centerline of said Parcel No. 84-0228-A.
EXCEPTING therefrom that portion lying within said Parcel No. 84-0228-A.
Grantee shall, upon completion of construction of the flood control channel, and upon
application of Grantor, deliver, at no cost to Grantor, an executed Quitclaim Deed for
the land described above as a temporary construction easement.
The Gda~tee shall have the right to fence all or any portion of said easement herein
con~eyed within which there is installed or constructed an unenclosed flood drainage
channel. The Grantee, its successors and assigns, shall be responsible for operating,
aintaining, and keeping in good repair the above described works of improvement.
The Grantor, his successors and assigns, reserves the right to enclose in a manner approved
by the Grantee, its successors and assigns, any portion of an unenclosed flood drainage
channel provided such enclosure is constructed or installed by a licensed contractor
in accordance with plans and specifications approved by and to the satisfaction of the
Grantee, its successors and assigns. In granting its approval the Grantee, its successors
and assigns, may impose reasonable conditions including, but not limited to, the filing
by the contractor or Grantor of an adequate performance bond to guarantee completion
of the work.
There is reserved to the Grantor, his successors and assigns, the right and privilege
to use the above described land of the Grantor at any time, in any manner and for any
purpose not inconsistent with the full use and enjoyment by the Grantee, its successors
and assigns, of the rights and privileges herein gran-
Executed this ~d day of lg~
· , 1399
This is to certify that the interest in real property conveyed by
the foregoing deed or grant to the City of Chula Vista, a political
corporation and/or governmental agency is hereby accepted on behalf
of the public pursuant to authority conferred by City Council Resolution
No. 12713, adopted on September 16, 1986, and the Grantee consents
to the recordation thereof by its duly authorized officer.
Dated: September 17, 1986 ~ ,~ ~ ~)
Gregor~ R~ Cox, M~yor
STATE OF C:AL]~:ORNTA1
COUNTY OF SAN DIEGO) SS
January 23, 1986
On , before me, ROBERT D. ~UMWALT, Count), Clerk and
ex-officio Clerk of the Superior Court in and for said County and State, which is a
court of record having a seal, personally appeared Moll y Silva
and proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is (are) subscribed to the within instrument and acknowledged that ~ he . executed
the same.
WITNESS my hand and official seat.
ROBERT D. ZUMWALT
County Clerk and ex-officio Clerk
/ 'Deputy ~
Betty Burr
Name (Typed or Printed) .... ,~
WREN.' RECORDED, PLEASE MAIL
TH[S' INSTRUMENT TO:
NO ~ANSFER TAX DUB SPACE ABOVE FOR RECORDER'S USE ONLY
EASEIIEHT
DRA I NAGE
Assessor's Parcel Project: Telegraph Canyon Channel
No. 618-073-01 W.O. No.: TE2572
Parcel No.: 84-0217-A&B
Log No.: B002-6
GEORGE YAMAMOTO and MIYUKI ANN YAMAMOTO,
husband and wife
hereinafter designated Grantor(s) do(~s) hereby grant, bargain, convey and release unto
CITY OF CHULA VISTA herein designated Grantee, its successors and assigns, a perpetual
easement and right-of-way upon, through, under, over and across the hereinafter described
real property for the installation, construction, maintenance, repair, replacement,
reconstruction and inspection of an enclosed or unenclosed flood DRAINAGE channel and
~11 structures incidental thereto, and for the flowage of any waters in, over, upon or
hrough said channel, together with the perpetual right to remove buildings, structures,
trees, bushes, undergrowth, and any other obstruction interfering with the use of said
easement and right-of-way by the Grantee, its successors or assigns. To have and to
hold said easement and right-of-way unto itself and unto its successors and assigns forever
together with the right to convey said easement, or any portion of said easement, to
other public agencies.
· The real property referred to hereinabove and made subject to said easement and right-of-way
by this grant is situated in the County of San Diego, State of California, and is particularly
described as follows:
Parcel No. 84-0217-A (3-29-85) (TRF:JS:at)
A strip of land 40.00 feet wide across that portion of the Southwesterly 100.00 feet
of the Southeasterly Half of Lot 27 in Quarter Section 146 of CHULA VISTA, County of
San Diego, State of California, according to Map thereof No. 505, filed in the Office
of the %ounty Recorder of said County, March 13, 1888, included in +hat land described
in deed to George Yamamoto, et ux recorded October 1, 1976 as File/Page 76-322658 in
said Recorder's Office, the sidelines of said strip of land lying 20.00 feet on each
side of the following described centerline:
Commencing at the intersection of the centerlines of Moss Street and 5th Avenue as shown
on CHULA VISTA TRACT NO. 80-7, Map No. 10038 filed in the Office of the County Recorder
of San Diego County; thence Northerly along the centerline of 5th Avenue
'~orth 17°56'44" West, (North 18°29'05'' West per Map No. 10038)~ 337.12 feet to the TRUE
~ }INT OF BEGINNING; thence leaving said centerline, North 71o32'39" East, 259.88 feet
to the beginning of a tangent 947.91 foot radius curve, concave Northwesterly; thence
Northeasterly along the arc of said curve through a central angle of 06~02'40", a distance
of 100.00 feet to the beginning of a 492.00 foot radius, compound c~Jrve, concave
Pa.~cel No. 84-0217-A (Cont'd)
Northwesterly~ thence Northeasterly along the arc of said curve through a central angl~
of 16°16'10", a distance of 139.71 feet to the beginning of a 947.91 foot radius, compound
curve, concave Northwesterly; thence Northeasterly along the arc of said curve through
a central angle of 06'02'40"w a distance of 100.00 feet; thence tangent to said curve
North 43°11 '08" East, 384.17 feet to the beginning of a tangent 876.98 foot radius curve,
concave Southeasterly; thence Northeasterly along the arc of said curve through a central
angle of 05'43'00", a distance of 87.50 feet to the beginning of a 470.00 foot radius,
ccx~pound curve, concave Southerly; thence Easterly along the arc of said curve through
a central angle of 31°20'13", a distance of 257.06 feet to the beginning of a 876.98
foot radius, compound curve, concave Southerly; thence Easterly along the arc of said
curve through a central angle of 04°46'11., a distance of 73.01 feet to the point of
intersection with the centerfine of Fourth Avenue, said point being distant thereon
North 17'53'57" West (North 18~27'44'' West per McMILLIN TRACT, Map No. 5626 recorded
on September 14, 1965 as File/Page No. 166816 in said Recorder's Office), 670.68 feet
from the intersection of the centerlines of Fo~rth Avenue and Moss Street as shown on
said Map No. 5626, said point also being the POINT OF TERMINUS.
Parcel No. 84-02~7-B (3-29-85) (TRF:JS:at)
Grantor further grants to the City 0s Chula Vista a temporary construction easement for
the purpose of operating construction equipment end vehicles; for the temporary storage
of building material end equipment necessary for the construction of the flc~d control
channel and its appurtenances~ for temporary storage of spoil ~ excavated material during
the period of construction of the flood control channel and for any other operations
necessary and incident to the construction of sa~d flood control channel over, under
and across said Yemamoto land lying Southerly of e line that is 30.00 feet Northerly
of and parallel with the centerline of said Parcel No. 84-0217-A.
EXCEPTING therefrom that portion lying within said Parcel No. 84-0217-A.
Grantee shall, upon completion of construction of the flood control channel, and upon
application of Grantor, deliver, at no cost to Grantor, an executed Quitclaim Deed for
the land described above as a temporary construction easement.
The Grantee shall have the right to fence all or any portion of sald easement herein
conveyed within which there is installed or constructed an unenclosed flood drainage
channel. The Grantee, its successors and assigns, shall be responsible for operating,
maintaining, and keeping in good repair the above described works of Improvement.
The Grantor, his successors and assigns, reserves the right to enclose tn a manner approved
by the Grantee, its successors and assigns, any portion of an unenclosed flood drainage
channel provided such enclosure is constructed or installed by a licensed contractor
in accordance with plans and specifications approved by and to the satisfaction of the
Grantee, its successors and assigns. In granting its approval the Grantee, its successors
and assigns, may Impose reasonable conditions including, but not limited to, the filing
by the contractor or Grantor of an adequate performance bond to guarantee completion
of the work.
There is reserved to the Grantor, his successors and assigns, the right and privilege
to use the above described land of the Grantor at any time, in any manner and for any
purpose not inconsistent with the full use and enjoyment by the Grantee, its successors
and assigns, of the rights and privileges herein granted.
Executed this '~ day of ---~?.~/r~ ./ , t9~
GEOF~GE
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) SS
On .r Feb[~a~s 3, 1~86 , before me, ROBERT D. ZUMWALT, County Clerk end
ex-orticio cJer~ of the ~uperior Court in and for said County and State. which is a
court of rec0rdhaving a seal, personally appeared Georoe Yamamota and
Miyuki Ann Yamamoto
end proved to me on the basis of satisfactory evidence to be the per~n(s) whose nMe{s)
is (are) subscribed to the within lnstr~ent and acknowledged that ~ he Y executed
the s~e. -- '
WITNESS my hand and official seal.
County Clerk and ex-officio Clerk
--Betty Burr
Name (Typed ar Printed)
· h±s is to cert±~ that the interest ±n real ~opert~ con~e~ed by
the foregoing deed or grant to the City of ChuZa Vista, a political
¢o~porat±on and/or governmental agency ±s hereby acce~ted on behalf
of the publlc pursuant to authority con£erred by City CoonclZ ~e$olution
No. 12713, adopted on September 16, 1986, and the Grantee consents
to the recordation thereof by .~ts duly authorized officer.
Dated: September 17, 1986 e~ ~ L~
Gr Coxl Mayor
Ti31S INSTRUI'4ENT TO:
Je~nnle M. Fula~ City C~rk
P, O. Box 1087
C~ula V~, California 92O12
NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY
EASE~NT
DRA I NAGE
Assessor's Parcel Project: Telegraph Canyon Channel
No. 618-062-35 W.O. No.: ~]~2572
Parco 1 No.: 84-0223-A&B
Log No.: B002-6
THE SOUTH BAY BAPTIST CHURCH OF CHULA VISTA, INC.
hereinafter designated Grantor(~) do(es) hereby grant, bargain, convey and release unto
CITY OF CHULA VISTA herein designated Grantee, its successors and assigns, a perpetual
easement and right-of-way upon, through, under, over and across the hereinafter described
real property for the installation, construction, maintenance, repair, replacement,
reconstruction and inspection of an enclosed or unenclosed flood DRAINAGE channel and
all structures incidental thereto, and for the flowage of any waters in, over, upon or
~hrough said channel, together with the perpetual right to remove buildings, structures,
rees, bushes, undergrowth, and any other obstruction interfering with the use of said
easement and right-of-way by the Grantee, its successors or assigns. To have and to
hold said easement and right-of-way unto itself and unto its successors and assigns forever
together with the right fo convey said easement, or any p~rtion of said easement, to
other public agencies.
The real property referred to hereinabove and made subject to said easement and right-of-way
by this grant is situated in the County of San Diego, State of California, and is particularly
described as follows:
Parcel No. 84-0223-A (5-7-85) (TRF:JS:at)
A strip of land 40.00 feet wide across that portion of Lot 26 in Quarter Section 146.
of CHULA VISTA, in the County of San Diego, State of California, according to Map thereof
No. 505, filed in the Office of the County Recorder of said County, March 13, 1888, included
in that land described in deed to the South Bay Baptist Church of Chula Vista, Inc. recorded
February 24, 1955 in Book 5543, Page 397 of Official Records in said Recorder's Office,
the sidelines of said strip of land lying 20.00 feet on each side of the following described
centerline:
Commencing at the Northeasterly corner of l~-knA'' of OPPORTUNITY HO~tE TRACT according
to Map thereof No. 1496, filed In the Office of said County Recorder; thence along the
Northeasterly line of said Lot "A" South 17'54'45" East (South 18'21'00" East per Map
No. 1496) 80.74 feet to the TRUE POINT OF BEGINNING being a point on the arc of a non-tangent
~47.62 foot radius curve concave Southerly, a radial to sold point bears
~rth 08°25'57'' West; thence Easterly along the arc of said curve through a central angle
of 02°42,42,, a dlstance of 21.18 feet to the beginning of a 225.00 foot tangent, cc~pound
curve, concave Southerly; thence Easterly along the arc of said curve through a central
angle of 19°29'10" a distance of 76.52 feet to the beglnnlng of a 447.62 foot radius
Parcel No. 84-0223-A (Cont'd)
tangent, compound curve, concave Southwesterly; thence Southeasterly along the arc of
said curve through a central angle of 12°48~00~ a distance of 100.00 feet; thence tangent
to said curve South 63°26'03n East 48.27 feet to the beginning of a tangent 447.62 foot
curve, concave Northeasterly; thence Southeasterly along the arc of said curve through
a central angle of 12°48'00" a distance of 100.00 feet to the beginning of a tangent
225.00 foot radius compound curve, concave Northeasterly; thence Southeasterly along
the arc of said curve through a central angle of 19°25'16" a distance of 76.27 feet to
the beginning of a tangent, 447.62 foot radius, compo~nd curve concave Northerly; thence
Easterly along the arc of said curve through a central angle of 12°48'00" a distance
of 100.00 feet; thence tangent to said curve North 71°32'39" East 934.87 feet to a point
on the centerline of Fifth Avenue, according to CHULA VISTA TRACT No. 80-7, Map No. 10038
filed in the Office of said County Recorder, said point being distant thereon
North 17°56'44'' West (North 18o29'05'' West per Map No. 10038) 337.12 feet from the centerline
of Moss Street as shown on said Map No. 10038, said point being also the POINT OF TERMINUS.
l"' 'Parcel No. 84-0223-B (3-29-85) (TRF:JS:at)
rantor further grants to the Cfty of ' a
Chula Vista temporary construction easement for
the purpose of operating construction equipment and vehicles; for the temporary storage
of building material and equipment necessary for the construction of the flood control
channel and its appurtenances; for temporary storage of spoil or excavated material during
the period of construction of the flood control channel and for any other operations
necessary and incident to the construction of said flood control channel over, under
and across said South Bay Baptist Church of Chula Vlsta~ Inc. land lying Southerly of
a llne that is 30.00 feet Northerly of and parallel with the centerline of said Parcel
No. 84-0223-A.
EXCEPTING therefrom that portion lying within said Parcel No. 84-0223-A.
Grantee shall, upon completion of construction of the flood contro channel, and upon
application of Grantor, deliver, at no cost to Grantor, an executed Quitclaim Deed for
the land described above as a temporary construction easement.
The Grantee shell heve the right to fence all or any portlon of seld easement herein
conveyed within which there is installed or constructed an unenclosed flood dralnage
channel. The Grantee, Its successors end assigns, shall be responsible for operating,
maintaining, end keeping In good repair the above described works of improvement.
The Grantor, his successors and assigns, reserves the right to enclose in · manner approved
by the Grentee, Its successors and assigns, eny portion of en unenclosed flood drainage
channel provided such enclosure is constructed or installed by e licensed contractor
in accordance with plans and specifications approved by and to the satisfaction of the
Grantee, its successors and assigns. In granting its approval the Grantee, Its successors
and assigns, may impose reasonable conditions including, but not limited to, the filing
by the contractor or Grantor of an adequate performance bond to guarantee completion
of the work.
There is reserved to the Grantor, his successors and assigns, the right and privilege
to use the above described land of the Grantor at any time, in any manner and for any
purpose not inconsistent with the full use and enjoyment by the Grantee, its successors
and assigns, of the rights and privileges herein granted.
Execrated this ~th day of February , 19 86
THE SOUTH BAY BAPTIST CHURCH
OF CHULA VIST^, INC.
STATE OF CALIFORiqlA ) ss.
County of SAN DIEGO )
On February 5 , 19 86 , before me, the,undersigned, a Notary Public
in and for said County and State, personally appeared ROBERT L. AUGUSTINE and
LYNN SCHMIDT
known to me to be the person s whose names are subscribed
to the within instrument, and acknowledged that they executed the same.
Witness my hand and official seal.
OFFICIAL SEAL
ERNEST B. CALDERON
~24~ ~. ~ Notary Pub~ic-Califom~
Prh~cipa[ Office ,n
San Diego County
Notary Public in and for said CoLJnty and State MyComm. Exp. Aug. g.[~
This is to certify that the interest in real property conveyed by
the foregoing deed or grant to the City of Chula Vista, a political
corporation and/or governmental agency is hereby accepted on behalf
of the public pursuant to authority conferred by City Council Resolution -
No. 12713, adopted on September 16, 1986, and the Grantee consents
to the recordation thereof by its duly authorized officer.
Dated: September 17, 1986 ~_r~. / ~
Cox, Mayor /~?/~