Loading...
HomeMy WebLinkAboutReso 1986-12532 RECO~DI#G REQUESTEO BY ' 0 ~28~ , Return to:. , (d) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANTS OF EASEMENT FROM EASTLAKE DEVELOPMENT COMPANY AND McMILLIN DEVELOPMENT, INC. FOR STREET PURPOSES OVER CORRAL CANYON ROAD NORTH OF EAST "H" STREET AND OFFICIALLY NAMING IT CORRAL CANYON ROAD The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that those certain grants of easement for street purposes over Corral Canyon Road north of East "H" Street executed by EastLake Development Company and McMillin Development, Inc., copies of which are attached hereto and by this reference made a part hereof as though fully set forth herein, be, and the same are hereby accepted by the City of Chula Vista. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to record said easements in the office of the San Diego County Recorder. BE IT FURTHER RESOLVED that said street is hereby officially named CORRAL CANYON ROAD. Presented by Approved as to form by ~ n P. Liks/City Engine~rOf /~TASomas ~rron, City Attorney 2285 ADOPTED AND APPROVED BY THE CITY COUNCIL OF' THE CITY OF' CHULA VISTA, CALIFORNIA, this 17th day of June 19 86, by the following vote, to--wit: AYES: Counci]members McCandliss, Cox, Malcolm, Moore, Campbell NAYES: Councilmembers None ABSTAIN: Counci]members None ABSENT: Counci 1members None City of Chulo Vista ATTES ~.~._ City Clerk ~Y 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above and foregoing is a full, true and correct copy of RESOLUTION NO. 12532 ,and that the same has nor been amended or repealed DATED  City Clerk CrlY OF CHULA VISTA CC-660 City Clerk 'Cit~, of Chula Vista P.O. Box 1087 Chula Vista, CA 92012 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY Assessor's Parcel No. Easement for Street Purposes 'EASTLAKE DEVELOPMENT COMPANY 701 B Street, Suite 730 San Diego, California 92101 do{es) hereby grant, convey and dedicate to the CITY OF CHULA VISTA, State of California, the right of way and incidents thereto for a public street upon, over and across that certain real property in the City of Chula Vista, County of San Diego, State of California, described as follows: PER EXHIBIT "A" ATTACHED HERETO 1-77 /.~5 ~ ~ The Grantor hereby further grants to the City of Chula Vista the privilege and right to extend drainage structures and excavation and embankmen~ stbpes beyond the limits of the herein described right-of-way where required..for the construction and maintenance of said public street. RESERVING un/co grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by said City Engineer. The Grantor hereby further grants to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said public street. The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said public street. Dated this 3rd day of_ June , 19 86 EASTL.A~E DEVELOP~NT COMPANY Robert L. Santos, Vice President STATE OF CALIFORNIA )SS COUNTY OF ~aw mrm~ ) On June 3rd, 198~ before me, the undersigned, a Notary Public in and for said State, personally appeared Robert L. Santos, ~ersonallvknownton~. to be the person ...... whose name is subscribed to the w---~in instrument and acknowledged that he executed the same. WITNESS my hand and official seal. Signature -"- PATRICIAYOt~G ~/ Name (Typed or Printed) 'P 2288 VAN DELL AND ASSOCIATES, INC. 338.0]02.05 .'~ MAy 29, 1986 i., JW/5-33 PAGE 1 OF 1 "EXHIBIT A" LEGAL DESCRIPTION PARCEL A A 84.00 FOOT WIDE STRIP OF LAND WITHIN FRACTIONAL SECTION 33, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, AND WITHIN RANCHO DE LA NACION PER MAp NO. ]66 AND MAp NO. 815, ALL IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 203 OF CHULA VISTA TRACT NO. 8]-4 MAP NO. 11205, RECORDS OF SAID COUNTY; THENCE WESTERLY ALONG THE NORTHERLY BOUNDARY LINE OF SAID TRACT NO. 81-4 SOOTH 86° 15' 15" WEST 68.60 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE EASTERLY WITH A RADIUS OF 800.00 FEET, SAID POINT BEING THE CENTERLINE OF CORRAL CANYON ROAD PER SAID MAp NO. 8]-4, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING, A RADIAL TO SAID POINT BEARS SOUTH 75° ]7' 37" WEST; THENCE NORTHERLY 82.77 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5° 55' 39"; THENCE TANGENT TO SAID CURVE, NORTH 8° 46' 44" WEST 301.56 FEET TO THE BEGINNING OF A TANGENT CURVE', CONCAVE WESTERLY WITH A RADIUS OF 800.00 FEET; THENCE NORTHWESTERLY 126.94 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9° 05' 28" TO A POINT ON THE WESTERLY LINE OF SAID FRACTIONAL SECTION 33; THENCE NORTHWESTERLY ALONG SAID WESTERLY LINE NORTH 17° 52' 12" WEST 697.90 FEET TO POINT "A"; THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 17~ 52' 12" WEST 939.80 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY WITH A RADIUS OF ]000.00 FEET; THENCE LEAVING SAID WESTERLY LINE, NORTHWESTERLY 284.89 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16° ]9' 23". THE SOUTHERLY TERMINUS OF THE EASTERLY LINE SHALL BE CONTINUED TO TERMINATE ON THE NORTHERLY LINE OF SAID MAp NO. 11205. THE SOUTHERLY TERMINUS OF THE WESTERLY LINE SHALL BE SHORTENED TO TERMINATE ON TH~ NORTHERLY LINE OF SAID MAp NO. 11205. PARCEL B BEGINNING AT HERINABOVE DESCRIBED POINT "A"; THENCE SOUTH 72° 07' 48" WEST 42.00 FEET; THENCE NORTH 62° 52' 16" WEST 28.28 FEET; THENCE NORTH ]7° 52' 07" WEST 65.00 FEET; THENCE NORTH 27~ 07' 44" EAST 28.28 FEET; THENCE NORTH 75° 1]' 40" EAST 84.]2 FEET; THENCE SOUTH 62° 52' ]3" EAST 28.28 FEET; THENCE SOUTH 17° 52' 11" EAST 56.00 FEET; THENCE SOUTH 27° 07' 47" WEST 28.28 FEET; THENCE SOUTH 66° 00' 38" WEST 42.24 FEET TO SAID POINT "A". EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE HEREINABOVE DESCRIBED PARCEL "A". 0 2289 i MATCH LINE: I ;" -':Y~ / ? .... ~ ;~ ', CNUL,4 [V~ DELL ~D ~SOCIATES, ] .,,. o,,,,.,,~ ,.~ EXHIBIT 2290 I .... ~ -~ : < City Clerk City~tof Chula Vista P. O. Box 1087 Chula Vista, CA 92012 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY Assessor's Parcel No. Easement for Street Purposes McMILLIN DEVELOPMENT, INCORPORATED · 2727 Hoover Avenue National City, California 92050 do(es) hereby grant, convey and dedicate to the CITY OF CHULA VISTA, State of California, the right of way and incidents thereto for a public street upon, over and across that certain real property in the City of Chula Vista, County of San Diego, State of California, described as follows: PER EXHIBIT "A" ATTACHED HERETO ~q",~i:e Gr~nt0r hereby further grants to the City of Chula Vista the privilege · and right to extend drainage structures and excavation and embankment slopes bey6nd the limits of the herein described right-of-way where required for "the construction and maintenance of said public street. RESERVING unto grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage fac±lifT, provided such substitution is first approved in writing by said City Engineer. The Grantor hereby further grants to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said · Light-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said public street. The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said public street. Dated this 2nd day of June , 1986 McMILLIN DEVELOPMENT, INCORPORATED L~y~ V.~ill , Sen~or Vic~'~President COUNTY OF )SS Virgi~ E. Elliott, Vice President On before me, STATE OF CALIFORNIA }ss. COUNTYOF. SAN DI EGO On June 2, 1 ~86 before me, the undersigned, a Notary Public in and for saidState, personally appeared. Lloyd V. Hil 1 and Vi rqi 1 E. E11 iott , personally known to me (~m~rowd l Sen[o~ Vice ............... President and V i ce P res. ~s~c-~t~.y, on behalf of McMILLIN DEVELOPMENT, INC. corporal,on fhere,n med, and c owled ed to fhat such corporation executed the within inet rumen, pursuant ,o its by-laws or, resolution of its board of directors. ] '~::;t; S~AN D EGO COUNW WITJqESS my hand and official seal. Signature ~//~. ,,~./.,,.~,~z (This area for official notarial seal ? ,( ~93 VAN DELL AND ASSOCIATES, INC. 338.0102.05 MAY 29, 1986 JW/5-33 PAGE ] OF 1 "EXHIBIT A" LEGAL DESCRIPTION PARCEL A A 84.00 FOOT WIDE STRIP OF LAND WITHIN FRACTIONAL SECTION 33, TOWNSHIP 17 SOUTH, RANGE ] WEST, SAN BERNARDINO MERIDIAN, AND WITHIN RANCHO DE LA NACION PER MAp NO. 166 AND MAp NO. 815, ALL IN THE CITY OF CHULA~VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 203 OF CHULA VISTA TRACT NO. 81-4 MAp NO. 11205, RECORDS OF SAID COUNTY; THENCE WESTERLY ALONG THE NORTHERLY BOUNDARY LINE OF SAID TRACT NO. 81-4 SOUTH 86° ~5' ]5" WEST 68.60 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE EASTERLY WITH A RADIUS OF 800.00 FEET. SAID POINT BEING THE CENTERLINE OF CORRAL CANYON ROAD PER SAID MAP NO. 81-4, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING, A RADIAL TO SAID POINT BEARS SOUTH 75° 17' 37" WEST; THENCE NORTHERLY 82.77 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5° 55' 39"; THENCE TANGENT TO SAID CURVE, NORTH 8° 46' 44" WEST 30].56 FEET TO THE BEGINNING OF A TANGENT CURVE. CONCAVE WESTERLY WITH A RADIUS OF 800.00 FEET; THENCE NORTHWESTERLY ]26.94 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9° 05' 28" TO A POINT ON THE WESTERLY LINE OF SAID FRACTIONAL SECTION 33; THENCE NORTHWESTERLY ALONG SAID WESTERLY LINE NORTH 17° 52' 12" WEST 697.90 FEET TO POINT "A"; THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH ]7° 52' ]2" WEST 939.80 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY WITH A RADIUS OF 1000.00 FEET; THENCE LEAVING SAID WESTERLY LINE, NORTHWESTERLY 284.89 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF ]6° 19' 23". THE SOUTHERLY TERMINUS OF THE EASTERLY LINE SHALL BE CONTINUED TO TERMINATE ON THE NORTHERLY LINE OF SAID MAp NO. 1~205. THE SOUTHERLY TERMINUS OF THE WESTERLY LINE SHALL BE SHORTENED TO TERMINATE ON TH~ NORTHERLY LINE OF SAID MAp NO. ?]205. PARCEL B BEGINNING AT HERINABOVE DESCRIBED POINT "A"; THENCE SOUTH 72" 07' 48" WEST 42.00 FEET; THENCE NORTH 62° 52' 16" WEST 28.28 FEET; THENCE NORTH 17° 52' 07" WEST 65.00 FEET; THENCE NORTH 27° 07' 44" EAST 28.28 FEET; THENCE NORTH 75° 11' 40" EAST 84.12 FEET; THENCE SOUTH 62° 52' 13" EAST 28.28 FEET; THENCE SOUTH ]7° 52' 1]" EAST 56.00 FEET; THENCE SOUTH 27° 07' 47" WEST 28.28 FEET; THENCE SOUTH 66° 00' 38" WEST 42.24 FEET TO SAID POINT "A". EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE HEREINABOVE DESCRIBED PARCEL "A". ~ 2294 MATCH LINE /:% ~, ;~ · ~' ~ .f .- ~" ' LOT 20~~ 2295 INSURANCE COMPANY OF THE WEST HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Oiego, California, does hereby nominate, constitute and appoint: PHILIP S. WALTER its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred In its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete CODy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in. Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorney-in*fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-imFact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN wI'rNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 6TH ])AY OF Jt,~E 1985. STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On :his 6~ DA~ O~ Z~g 1985 before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came [~S~ ~ :, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seat of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. ~ ~4L~ NORMA PORTER ~ ~ ~,' ~{~1 NOTARY PUBLIC-CALIFORNIA  ( Notary Public STATE OF CAUFOR~IA COUNIY OF SAN DIEGO I, the undersigned, Richard S. King, Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 10t~day of June 19 86. RIDER TO BE ATTACHED TO AND FORM PART OF BOND NO. 13 90 52 PRINCIPAL BONITA LONG CANYON PARTNERSHIP AMOUNT $423,000.00 IN FAVOR OF CITY OF CHULA VISTA IT IS AGREED THAT: BOND NO. 13 90 52 IS HEREBY CHANGED TO 13 90 51 THIS RIDER IS EFFECTIVE June 10, 1986 Attorney-in-Fact PHILIP S. WALTER STATE OF CALIFORNIA $$ COUNTY OF _SAN DTEGC~ _ On this ]_Otb_ day of ~ , in the year ~1 9_8_6 , before me, the undersigned Notary Public, in and for the State of California, personally appeared ..... PHILIP S. WALTER personally known to me (or proven to me on the basis of satisfactory evidence) to be the person who executed the written instrument as Attorney- In-Fact on behalf of the Corporation therein named and acknowledged to me ~ .... [FF!Ci~L':~. ~ that the Corporation executed it. ~;~" ~' ;;~7;}MA PORTER ~ , ~'~:~ :,~,~-C~LIF0~N~ ~ Given under my hand and the Notary Seal this ~.0~h day of ~n~ ~ ~, .'~,~.19~ .~ My Commission expires J~UA~Y~-lg~ BOND NO. 13 90 52 SURETY BOND FOR FAITHFUL PERFORMANCE KNOW ALL PERSONS BY THESE PRESENTS: That we BONITA LONG CANYON PARTNERSHIP , a corporation of , as Principal, and INSURANCE COMPANY , of THE WEST , a corporation, incorporated under the laws of the State of CALIFORNIA and duly authorized under the laws of the State of California to act as Surety, are held and firmly bound unto City of Chula Vista, in the su~ of Four hundred twenty three thousand and no/100 lawful money of the United States of America, for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents: The condition of the foregoing obligation is such that whereas the above bounden Principal has agreed to provide certain improvements for the property known as CORRAL CANYON ROAD , in accordance with Tentative Map, Chula Vista Tract 86-3as approved on 'Dec. 17~ 19852, and is required by the said City of Chula Vista to give a bond to guarantee the performance and the completion of said improvements; NOW, THEREFORE, if the said Principal shall well and truly perform all the work specified in said project, then this obligation shall be null and void, otherwise to remain in-full force and effect. The Surety does hereby consent to any and all alterations, modifications and revisions to the project secured by this Bond, including but not limited to any extensions of time for performance which may be agreed upon by and between Insurance Companv of the West and the Principal. SIGNED AND SEALED AT San Dieqo, CA on this 5th day of June , 19 86 ~n~T~ T.~NG CANYON PARTNERSHIP STATE OF CALl FORNIA COUNTY OF S^N DIEGO On this _ 5th day of JuQe , in the year 1986 , before me, the undersigned Notary Public, in and for t~e State of California, personally appeared Philip S. ~alter por~onall~ known to mo {or provon to me on th~ basis o[ ~atisfactor~ ~ ~ NANCY A. FAiRCHiLD ~ evidence) to be the person who executed the written instrument as Attorney- [~ N01~R, pU~LIC-C~Lt~0~"tA ~ In*Fact on behalf of the Corporation therein named and acknowledged to me  pm~mAL OFF C~ , that the Corporation executed it, ~I C0~missi~, E~ ~ne ~6, L~7 ~ Given under my hand and the Notary Seal this 5~ day of June . A.D. 19_ ~ . M~ Commission expire~ June 26, 1987 ~ ~/f CW Cai 315R{04/8~) Notary Public BOND NO. 13 90 52 BONITA LONG CANYON PARTNERSHIP: McMILLIN DEVELOPMENT, INC. HOME CAPITAL CORPORATION TO 1954 CA (9--84) (Corporation asa Pa.=er ora TICOR TITLE INSURANCE STATE OF CALIFOR~A On et~ i~ ' tJ -- ~befo,e me, the undersigned, a Notary P,bHc in and for ..... said State, 3erso~ally appeared %~,;: c3 y] ~ t9C~}~ } ? personally known to me or p~oved tb me on the basis bf s&tisfactory evidence to be the person who ~xequted the ~vithin ins~ument as the ~4't%53~)15~ fW,~f~,(~,' ~t, and ]/)/~ F( ir( rff~ 0 /?~ /} $(O/'~ pers6~ally known to, me or proved to/me 9n the basi~of satisfacto~ evidence to b~lthe p~rsog~who exgcumd tke w th n instru~ent~ the "~ ~ ~ff:~ ~ Secretaw of the corpora~n t~ executed the within instrument on ... J ~'~C~x} , , ) the par~hershin tha~xecuted ~ {he ~vithin i~stru~ent, and ackno~;i~dged%o me that such ~ FREDIA M. C'DE BACA corporation executed the same as such partner and that ~ ~IA~Y such pa~nership executed the same. ~ WITNESS ~y hand and official seal. (This area for officifl notari~ se~) (Corporation asa Partner ora Pa.nership) ~TICOR TITLE INSURANCE COUNTY OF SAN Dl~gO } ~. On . June 6. ]98~ before me, the undemgned, a Notary Public in and for saidState, personally appeared . V~pi] ~. personally known to me ar Frayed :a ~e a= :~: ~--:- ~---:-; .......... thc within instrument as the Vice .................. ~ .... :~ to be the person who executed President, and Steven ;o be the ~erson who executed the within ins~umcnt ~ thc V~ce President McHILLIN DEVELOPMENT, INC. -. ~of the corporation that executed thc within instrument on behdfof. BONITA LONg CANYON PARTNERSHIp the partnership that executed q .,::~-7,, 7, FT;(.rAL ., , the within instrument, and acknow edged to me that such ' corporation executed the same as such partner and that ' WITNESS my hand and offici~ seal. - : .- , ....... Signature. (This area for offici~ notari~ ~) / BOND NO. 13 90 52 INSURANCE COMPANY OF THE WEST HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the insurance Company of the West, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: PHILIP S. WALTER its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and ali bonds, undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the insurance Company of the West at a meeting duly called and held on the Sixth day of Feoruary, i973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may et any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorney-in-fact may be given full power to execute for and in the name of and on behalf of the Company any and al! bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in*Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." iN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 6TH DAY OF JUNE 1985. O INSURANCE COMPANY OF THE WEST Presiden~ STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this 6TH DAY OF JUNE 1985 before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came E~-~EST RADY~ ;, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. ~,~ ~ ~1! CommiS~o~ [ap, lin. ~, t~ ~ Nota~ Public STATE OF CALIFORNIA C ' ~ SS: .OON, Y OF SAN DIEGO I. :he undersigned, Richard S. King, Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. i¢~ WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 5th day of June 19 86. I~:¢.' ,:7:_'' '=EV. 5/82} BOND NO. 13 90 51 BOND FOR MATERIAL AND LABOR W~EREAS, THE City Council of the City of Chula Vista, State of California has conditionally approved ~7 m~-m ~ ~ (hereinafter "Project") which requires certain R~R~~R~~ to be-installed and constructed by .Bonita Lonq Canyon ~er~lO (hereinafter designated as "Principal") and said CV TRACT ~6-~ is hereby referred to and made a part hereof~ and WHEREAS, 'Under the terms of said project, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Chula Vista to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Chula Vista and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid project and referred to in the aforesaid Co the sum of Four hundred twenty three thousand/~ of Civil Procg~ure in for )~ol~rs ($ 423,000.00 .... materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Chula Vista in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said project or the specifications accom- panying the same shall in any manner affect its obligations nm ~h~o x~ - ~TATE OF CALl FORNIA ss 1986 %OUNTY OF SAN DIEGO On this pth day of June , in the year , before me, the undersigned Notary Public, in and for the State of California, personally appeared_ Philip S. Walter .%~W~.'~~~J personally known to me (or proven to me OR the basis of satisfactory In-Fact on behalf of the Corporation therein named and acknowledged to me ~ ~N that the Corporation executed it. A.D, 19 _~6 . ~~'~"~%%% My Commission expires June 26, 1987 BOND NO. 13 90 51 BONITA LONG CANYON PARTNERSHIP: McMILLIN DEVELOPMENT, INC. HOME CAPITAL CORPORATION CAT, NO. NN00636 TO 1954 CA (9--84) (Corporation as a Partner of a Partnership) ~ TICOR TITLI~INSURANC STATE OF CALIFORNj~ COUNTY OF n I Onj me undersigned, a Notary Public in and for said State, personally appeared ~;~ '(:;~ ~ ~)V] personally known to me or ~oved to me on the basis of satisfactory evidence to be the person who~xecuted the within instrument as the"~))'[?:'0 ~ [ }'~r) ~ 1C~ ~ C/ Pres!dentmnd ]J/~ ~ ~i' ~ ~ persb~ly known to ~ or proved tm me on the bas~ of satisfacto~ ev[dence to be tt~e person ~o execpte~ th~ithin instrument as the ~"~-~ <q ~i F ~ Secretary of the corpor~n tha[_~ecgted~ the within' instrument' on ~q~t (~e'~r}~/ I the pa[~nersh~p thet executed ~ the within instrument, and acknox~ledged to me that such FREDIA M C'DE BACA corporation executed the same as such parmer and that ~ ~TARY ~lBtlC ~tlFORNI~ WITNESS my hand and official seal. ~ ~ . -- (This area for offici~ norari~ se~) COUNTY OF ~at~ DIEGO ~ ~. On - June 6v 1986 before me, the unde~igned, a Notary Public in and for saidState, personally appeared Virgil E. Elliott rhe within instrument as the vice President, and S~even E. HcGill to beMcMiLLiNthe person DEVELOPMENT.Wh° executed the withinlN~, instrument ~ the Vice President'~ ~' behalfof __BONITA LONG CANYON PARTNERSHIP _ ~:> .~ ....... ~ ~-~=- -- the partnership that executed 7>~. 2*' ;:='. ',~ such pa~nership executed the same. '.. f¥~/ .... : [~: ~ ~::::' r,' BOND NO. 13 90 51 ,. INSURANCE COMPANY OF THE WEST HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitut~ and appoint: PHILIP S. WALTER its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any end all bonds, undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorney-in-fact may be given full power to execute for and in the name of and on behalf of the Company any and al! bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." ~N WITrqESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 6~[ DAY OF JL~F. 198`5.  INSURANCE COMPANY OF~HE WEST Presiden ~TATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this 6?H DAY OF JUNE 198.5 before the subscriber, a Notary Public of the State of California, in and for the County of San [Diego, duly commissioned and qualified, came ERNEST RAD¥~ t, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesai(l, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. !N WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. ~ NORMA PORTER ':~ ~ MI ~mi~ [~. Jan. ~, l~ ~ Nota~ Public STATE OF CALIFORNIA COUNTY OF SAN DIEGO I, the undersigned, Richard S. King, Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. !;~ WITNESS WHEREOF, I have hereunt%~ubscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 5th day of 3une 19 ou. ~{EN RECORDED, PLEASE MAIL / THIS INSTRUMENT TO: City Clerk City of Chula Vista P. o. Box 1087 Chula Vista, CA 92012 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY Assessor's Parcel No. Easement for Street Purposes EASTLAKE DEVELOPMENT COMPANY 701 B Street, Suite 730 San Diego, California 92101 do(es) hereby grant, convey and dedicate to the CITY OF CHULA VISTA, State of California, the right of way and incidents thereto for a public street upon, over and across that certain real property in the City of Chula Vista, County of San Diego, State of California, described as follows: PER EXHIBIT "A" ATTACHED HERETO VAN DELL AND ASSOCIATES, INC. 338.0]02.05 ~Y 29. ]986 JW/5-33 PAGE ] OF "EXHIBIT A" LEGAL DESCRIPTION PARCEL A A 84.00 FOOT WIDE STRIP OF LAND WITHIN FRACTIONAL SECTION 33, TOWNSHIP ]7 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, AND WITHIN RANCHO DE LA NACION PER MAp NO. ]66 AND b~P NO. 815, ALL IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 203 OF CHULA VISTA TRACT NO. 8]-4 MAP NO. 11205, RECORDS OF SAID COUNTY; THENCE WESTERLY ALONG THE NORTHERLY BOUNDARY LINE OF SAID TRACT NO. 81-4 SOUTH 86° ]5' ]5" WEST 68.60 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE EASTERLY WITH A RADIUS OF 800.00 FEET, SAID POINT BEING THE CENTERLINE OF CORRAL CANYON ROAD PER SAID MAP NO. 81-4, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING, A RADIAL TO SAID POINT BEARS SOUTH 75° ]7' 37" WEST; THENCE NORTHERLY 82.77 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5° 55' 39"; THENCE TANGENT TO SAID CURVE, NORTH 8° 46' 44" WEST 301.56 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY WITH A RADIUS OF 800.00 FEET; THENCE NORTHWESTERLY ~26.94 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9° 05' 28" TO A POINT ON THE WESTERLY LINE OF SAID FRACTIONAL SECTION 33; THENCE NORTHWESTERLY ALONG SAID WESTERLY LINE NORTH 17° 52' ]2" WEST 697.90 FEET TO POINT "A"; THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH ]7° 52' ]2" WEST 939.80 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY WITH A RADIUS OF 1000.00 FEET; THENCE LEAVING SAID WESTERLY LINE, NORTHWESTERLY 284.89 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16° 19' 23". THE SOUTHERLY TERMINUS OF THE EASTERLY LINE SHALL BE CONTINUED TO TERMINATE ON THE NORTHERLY LINE OF SAID MAP NO. 11205. THE SOUTHERLY TERMINUS OF THE WESTERLY LINE SHALL BE SHORTENED TO TERMINATE ON THE NORTHERLY LINE OF SAID MAp NO. ]1205. PARCEL B BEGINNING AT HERINABOVE DESCRIBED POINT "A"; THENCE SOUTH 72° 07' 48" WEST 42.00 FEET; THENCE NORTH 62° 52' ~6" WES~ 28.28 FEET; THENCE NORTH ]7° 52' 07" WEST 65.00 FEET; THENCE NORTH 27° 07' 44" EAST 28.28 FEET; THENCE NORTH 75° 1]' 40" EAST 84.]2 FEET; THENCE SOUTH 62° 52' ]3" EAST 28.28 FEET; THENCE SOUTH 17° 52' ]]" EAST 56.00 FEET; THENCE SOUTH 27° 07' 47" WEST 28.28 FEET; THENCE SOUTH 66° 00' 38" WEST 42.2& FEET TO SAID POINT "A". EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE HEREINABOVE DESCRI8ED PARCEL EXHIBIT 'B' "' ~°' ~DED, PL~iA~;L ,~; '~,~S~RUME~T TO: City Clerk City'of Chula Vista P. O. Box 1087 Chula Vista, CA 92012 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY Assessor's Parcel No. Easement for Street Purposes McMILLIN DEVELOPMENT, INCORPORATED 2727 Hoover Avenue National City, California 92050 do(es) hereby grant, convey and dedicate to the CITY OF CHULA VISTA, State of California, the right of way and incidents %hereto for a public street upon, over and across that certain real property in the City of Chula vista, County of San Diego, State of California, described as follows: PER EXHIBIT "A" ATTACHED HERETO ,~'~;e G~antor hereby further grants to the City of Chula Vista the ~rivileg. and right to extend drainage structures and excavation and embankment slo beyond the limits of the herein described right-of-way where required for the construction and maintenance of said public street. RESERVING unto grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by said City Engineer. The Grantor hereby further grants to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said public street. The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, constructi( landscaping or maintenance of said public street. Dated this 2nd day of June , 19~ McMILLIN DEVELOPMENT, INCORPORATED Lloyd V. ~ill , Senior Vic~--President COUNTY OF )SS Virgi~' E. Elli0tt, Vice President On before me, STATE OF CALIFORNIA COUNTY OF SAN D I EGO on June 2, ]986 beforeme, the undersigned, aNotaryPublicinandfor saidSta, te, personally appeared Lloyd V. H~ ] ] and Vi rq[ ] E. E] !iott ,personallyknowntome('or'~3tuwd{u,.udr~h'e 'b~'cf 'salt~f'aL"~3ry"~?ide~rcel'to be the persons who executed the within instrument as .............. Senior Vice ............. ......... President and U~ce Pres. __~.S. ecret,.arT,, on behalf of -- __ ~_CH_ I__I=_L-_I N_ D EVE LOPHENT, INC. the corporation t~erein name~, and acknowledged to me that suchcorporationexecutedthewithininstrumentpursuanttoits ','1 ~Z.~,,,.'-,72'~ ©YCE A BENEF ELD : Sigf~ature ~ ~- -~,~-,~,~ (Thisareatorotficialnotarialsea,) VAN DELL AND ASSOCIATES, INC. 338.0102.05 MAY 29, 1986 JW/5-33 PAGE ] OF ] "EXHIBIT A" LECAL DESCRIPTION PARCEL A A 84.00 FOOT WIDE STRIP OF LAND WITHIN FRACTIONAL SECTION 33, TOWNSHIP ]7 SOUTH, RANGE ] WEST, SAN BERNARDINO MERIDIAN, AND WITHIN RANCHO DE LA NACION PER MAp NO. ]66 AND MAp NO. 8]5, ALL IN THE CITY OF CHULA.VISTA, COUNTy OF SAN DIEGO, STATE OF CALIFORNIA, THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 203 OF CHULA VISTA TRACT NO. 8]-4 MAp NO. ]]205, RECORDS OF SAID COUNTY; THENCE WESTERLY ALONG THE NORTHERLY BOUNDARY LINE OF SAID TRACT NO. 81-4 SOUTH 86° ]5' ]5" WEST 68.60 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONEAVE EASTERLY WITH A RADIUS OF 800.00 FEET, SAID POINT BEING THE EENTERLINE OF CORRAL CANYON ROAD PER SAID MAP NO. 8]-4, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING, A RADIAL TO SAID POINT BEARS SOUTH 75° ]7' 37" WEST; THENCE NORTHERLY 82.77 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5° 55' 39"; THENCE TANGENT TO SAID CURVE, NORTH 8° 46' 44" WEST 30].56 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY WITH A RADIUS OF 800.00 FEET; THENCE NORTHWESTERLy 126.94 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9° 05' 28" TO A POINT ON THE WESTERLY LINE OF SAID FRACTIONAL SECTION 33; THENCE NORTHWESTERLy ALONG SAID WESTERLY LINE NORTH ]7° 52' 12" WEST 697.90 FEET TO POINT "A"; THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH ]7° 52' ]2" WEST 939.80 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY WITH A RADIUS OF ]000.00 FEET; THENCE LEAVING SAID WESTERLY LINE, NORTHWESTERLY 284.89 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF ]6° 19' 23". THE SOUTHERLY TEP~MINUS OF THE EASTERLY LINE SHALL BE CONTINUED TO TERMINATE ON THE NORTHERLY LINE OF SAID MAP NO. 11205. THE SOUTHERLy TERMINUS OF THE WESTERLY LINE SHALL BE SHORTENED TO TERMINATE ON TH~ NORTHERLY LINE OF SAID MAp NO. 11205. PARCEL B BEGINNING AT HERINABOVE DESCRIBED POINT "A"; THENCE SOUTH 72° 07' 48" WEST 42.00 FEET; THENCE NORTH 62° 52' 16" WES~ 28.28 FEET; THENCE NORTH ]7° 52' 07" WEST 65.00 FEET; THENCE NORTH 27° 07' 44" EAST 28.28 FEET; THENCE NORTH 75° 1]' 40" EAST 84.]2 FEET; THENCE SOUTH 62° 52' ]3" EAST 28.28 FEET; THENCE SOUTH ]7° 52' ]]" EAST 56.00 FEET; THENCE SOUTH 27° 07' 47" WEST 28.28 FEET; THENCE SOUTH 66° 00' 38" WEST 42.24 FEET TO SAID POINT EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE HEREINABOVE DESCRIBED PARCEL "A". ~- 6oo. ,~ ~TCH LINE EXHIBIT 'B" ...... ~oo,