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HomeMy WebLinkAboutReso 1985-12110Please Return To: - ! {39 -7,: :, ~ , P. O. Box 1087 Chula Vista,' California 92012 RESOLUTION NO. 12110 I~':)C e ~$ _~ Pt~ 2: RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA ACCEPTING SEWER, DRAINAGE, AC~Y~RDE~ STREET TREE, STREET RIGHT-OF-WAY AND SIDEWALK % EASEMENTS IN PALOMAR VILLAGE COMMERCIAL COMPLEX The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of NO the City of Chula Vista that those certain grant of easements for ' / sewer, drainage, access, street tree, street right-of-way and //D sidewalk purposes in Palomar Village Commercial Complex, a copy of which is attached hereto and by this reference made a pa~t hereof as though fully set forth herein, '5~ and the same are hereby accepted by the City of Chula Vista. BE IT FURTHER RESOLVED that the City Clerk of the City 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. Presented by Approved as to form by John P. Lippitt, Director of Charles~R. Gill, Assistant Public Works/City Engineer City Attorney 0590a RESOLUTION NO. 12110 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING SEWER, DRAINAGE, ACCESS, STREET TREE, STREET RIGHT-OF-WAY AND SIDEWALK EASEMENTS IN PALOMAR VILLAGE COMMERCIAL COMPLEX 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 grant of easements for sewer, drainage, access, street tree, street right-of-way and sidewalk purposes in Palomar Village Commercial Complex, a copy of which is attached hereto and by this reference made a part hereof as though fully set forth herein, be and the same are hereby accepted by the City of Chula Vista. BE IT FURTHER RESOLVED that the City Clerk of the City 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. Presented by Approved as to form by Li6Dit~, Director of Charles~'R. Gill, Assistant orks/City Engineer City Attorney 0590a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 23rd day of. July 19 85 , by the following vote, to-wit: AYES: C0unci]members COX, Malcolm, McCandliss, Scott, Moore NAYES: C0unci]members None ABSTAIN: C0unci lmembers None ABSENT: Council members None the City of Chulo Vista City Clerk / STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vist(3, C(~lifornia, DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of RESOLUTION NO. 12110 ,and that the same has not been omendedor repealed. DATED. (seal) City Clerk CC-660 GRANT OF EASEMENT - FOR SIDEWALK PURPOSES' FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, 'the ~dersigned do/does hereby grant to the City of Chula Vista, in the County of San Diego, State of California, an easement and right-of-way for, · and the right to construct, replace, remove, or modify a public sidewalk in, upon, over and across that certain real property situated in the City of . Chula Vista, County of San Diego, State of California, and more particularly described as follows: together with the right to enter upon and to pass and repass over and along said easement and right-of-way and to deposit tools, implements and other materials thereon by said City of'Chula Vista, its officers, agents and employees and by any contractor, his agents and employees engaged by said City, whenever and wherever necessary for the purposes above set forth° WITNESS r~ handv~ this ~7~ day of~ 19 ~. .n O~_~his ~ay of ~ 19 ~ ~ , before me ~/W~ /' ~/~ ~ ~ ~ Notary Public in and for the said County of San Diego, State of Cal'ifornia, ~esiding therein, duly commissioned and sworn, personally appeared~D~ ~/~ ~ ~L~A~rD ~Z~ personally known to me to be the personSwhose name~ subscribed to the within instrument, and __-he.duly acknowledged to me that ~_he~__executed the same. IN WITNESS WHEREOF, I have hereunto set mY hand and affixed my official seal, at my office in the County of San Diego, the day and year in this certificate first above written. Corinne K. Moore ! NOTARY PUBLIC,CALIFORNIA ! ' / PRINCIPAL OFFIC~ IN !~ S^NO,£~OCOU.~ ~ 'e ~ My Commission £~piref Feb, Ill, 1989[ ~Ytary Public in an~ for th .C°unty o£ SIDEWALK EASEMENT I ~2 ~ THAT PORTION OF FRACTIONAL QUARTER SECTION 167 OF RANCHO DE LA NACION IN ll~E CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF THE NORTHERLY 40.00 FEET WITH THE WESTERLY LINE OF THE EASTERLY 810.00 FEET OF SAID FRACTIONAL QUARTER SECTION 167; THENCE ALONG SAID WESTERLY LINE SOUTH 18°24'55'' EAST 897.57 FEET TO THE NORTHERLY LINE OF THE SOUTHERLY 51.00 FEET OF SAID FRACTIONAL QUARTER SECTION 167; THENCE WESTERLY ALONG SAID NORTHERLY LINE NORTH 83'27'00" WEST 782.03 FEET TO THE TRUE POINT. OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 83°27'00'' WEST gO.O0 FEET; THENCE LEAVING SAID NORTHERLY LINE NORTH'6°33'O0'' EAST 15.00 FEET; THENCE SOUllt 83°27'00" EAST 90.00 FEET; THENCE SOUTH 6°33'00'' WEST 15.00 FEET TO THE TRUE POINT OF BEGINNING. RECORDING REQUESTED aY . AND MAIL TO; GRANT OE ;'A~'~' - .~ =m~LENT FOR ACCESS PURPOSES FOR A VALUABLE CONSIDEP~ATiON, zuceipt of which is hereby acknowledged, the undersigned do/does hereby grant to the City of Chula Vista, in the County of San Diego, State of California, an easement for access upon, over and acro'ss that certain real property situated in the City of Chula Vista, County of san Diego, State of California, and more particularly described as follows; SEE ATTACHED EXHIBIT "A" FOR LEGAL DESCRIPTION together with the right to enter'upon and'to pass and repass over and along said easement and right-of-way and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agen{s and employees and by any contractor, his agents and employees engaged by said City, whenever and wherever necessary for the purposes above set forth: WITNESS ~ hand/~ this ~ day of ,~ ' 19,___~_.i STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) SS ~b~ , a Notary Public in and for the said County of San Diego, State of California, residing therein, duly commissioned and sworn, personally appeared personally known to me to be the person whose name~ subscribed to the within instrument, and h~&_duly acknowledged to me that he~executed the same. ~ c~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offi.cial.seal, at my office in the County of San Diego, the day and year in this certificate first above written. F~ Corinne K. M ~ ~ SANO'E~OCOuN?y ~ of San Diego, State of California e~' e,~, e-~~/ My (;emmission,. e~'t=e~- -~×~ire5 ;-;~.~ a=,ea, ~.~r~ j[FOb* iS, ~989 PW-E-9 EXHIBIT "A" · ACCESS EASEMENT ~4 THAT PORTION OF FRACTIONAL QUARTER SECTION 167 OF RANCHO DE LA NACION IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: 'BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF THE NORTHERLY 40.00 FEET WITH THE WESTERLY LINE OF THE EASTERLY 810.00 FEET OF SAID FRACTIONAL QUARTER SECTION 167; THENCE ALONG SAID WESTERLY LINE SOUTH 18°24'55'' EAST 897.57 FEET TO THE NORTHERLY LINE OF THE SOUTHERLY 51.00 FEET OF SAID FRACTIONAL QUARTER SECTION 167; THENCE WESTERLY ALONG SAID NORTHERLY LINE NORTH 83°27'00'' WEST 782.03 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 83~27'00'' WEST 90.00 FEET; THENCE LEAVING SAID NORTHERLY LINE NORTH 6~33'00'' EAST 15.00 FEET; THENCE SOUTH 83°27'00'' EAST 90.00 FEET; THENCE SOUTH 6°33'00" WEST 15.00 FEET TO THE TRUE POINT OF BEGINNING. RECORD~G REQUESTED BY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknow- ledged, the undersigned do/does hereby grant to the City of Chula Vista, in the County of San Diego, State of California, an easement and right of way for, and the right to construct, maintain, operate, replace, remove, or enlarge a sanitary sewer and appurtenant sturctures in, upon, over and across that certain real property situated in the County of San Diego, State of California, and more particularly described as follows: Together with the right to enter upon and to pass and repass over and along said easement and right of way and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents, and employees and by any contractor, his agents and employees engaged by said City, whenever and wherever necessary for the purposes above set forth. It is understood and agreed by the parties hereto that the Grantee shall indemnify and hold the Grantor harmless against all claims for damage or suits for loss, including costs and attorney's fees, arising from injury to any person(s) Or property or life, caused by or resulting from acts, or omissions by the Grantee, its successors or assigns, arising ~from the construction, operation or maintenace of the aforementioned sanitary sewer or in using, operating or · . traveling over the land within the hereinbefore described Grant of . Easement. It is further understood and agreed by the parties hereto that the aforementioned sanitary sewer and appurtenances thereto shall be constructed, placed or laid below the grade of natural ground. WITNESS ~d~. b~and ~ this ~-~ da~ of ' ~5~'%~'~tL , 19~ . MAZAL REALTY INV~STMENTS~ a California limited partnership BY: GENESIS DEVELOPMENT dORPORATION~ a NOTE:: Attach notary acknowledge- California cor~l partn~ ment here. BY; ~~ Jose Blatt, ~ PW-E-51 ~ , BY: Alberto Namui, Vice President .SEWER EASEMENT ~J~ ~- //~ I plt THAT PORTION OF FRACTIONAL QUARTER SECTION 167 OF RANCHO DE LA NACION IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP ,THEREOF' NO. 166, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, LYING WITHIN A 15.00 FOOT WIDE STRIP OF LAND, THE CENTERLINE BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF THE NORTHERLY 40.00 FEET WITH THE WESTERLY LINE OF THE EASTERLY 810.00 FEET OF SAID FRACTIONAL QUARTER SECTION 167; THENCE ALONG SAID SOUTHERLY LINE SOUTH 71°38'51" WEST 477.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 18o21'09'' EAST 506.08 FEET TO THE POINT OF TERMINUS. 06452 JDN 03-04-85 CAT. NO, NN00636 TO 1954 CA (7 82) ~'~TITLE INSURANCE (Corporation asa Partner of a Partnership) ~ ? 41 6 ~ANDI'"USI' STATE OF CALIFORNIA ~ ' COUNTY OF ;~.4/c ~DgF ~,. (- ~ On ~/~ 2~9 4 7 ~/ /(~f:~' before me, the undersigned, a Notary Public in and for . said State, personally appeared 23'c'.~i /J¢ ~ personally kno~vn to me or proved to me on the basis of satisfactory evidence to be the person who executed tile within instrument as the President, and /fie personally known to me or proved to me on the basis of satisfactory evidence xo~ be the person who executed the within instrument ~ the ~ ~/4'~ /-/~ '~ :-~g:c~ ~, S~ta~of behalf of J~7.g ~/z /, ~ ~r ~ff ;/k~'~JZ-.5~//~:~ ~5 ~a~.~*,~:,;3:,?¢~,.,~.~ thc partnership that executed ~ <5',~- ' the within instrument, and acknowledged to mc that such : -. ~ ..... such partnership executed the same .... ...~ WITNESS my hand and official seal. -' ~. '::*, ' v) Signature . ~-~ ~'C. ~'. f (This ares for offici~ notari~ se~} SUBORDINATION AGREEMENT WHEREAS, the o~ner of that certain property hereinafter described has granted to the City of San Diego, a municipal corporation, in the County of San Diego, State of California, the per- manent easement and right of way (LEGAL DESCRIPTION OF PROPERTY IS ATTACHED) AND WHEREAS, FIRST INTERSTATE MORTGAGE COMPANY, a California corporation is hereinafter known as the BENEFICIARY; and FIRST INTERSTATE MORTGAGE COMPANY, a Calif. corp. is hereinafter known as the TRUSTEE aa of the date of this instrument under that certain deed of trust executed by MAZAL REALTY INVESTMENTS, a California limited partnership to secure a note for ($9,000,000.00 ) NINE MILLION AND NO/10OTHS DOLLARS with interest dated April 17, 1985 and recorded April 24, 1985 in Official Records of the San Diego County Recorder, covering the property hereinabove described, as Instrument No. 85-139666 AND WHEREAS, the BENEFICIARY affirms that it is the owner and holder of the hereinabove described trust deed note, and has not assigned its interest in same, does hereby direct and authorize said TRUSTEE to Join with it in the execution of this instrument. NOW, THEREFORE, for and in consideration of the benefits to accrue to the above described land by acceptance of said easement by said City of San Diego, the undersigned expressly subordi- nates all right, title and interest in and to that portion of said premises herein described, covered by said deed of trust, to the interest of said City of San Diego in said easement with the intent that said easement shall be prior and superior to the lien of the deed of trust hereinabove described. IN WITNESS WHEREOF, the BENEFICIARy and the TRUSTEE have caused this instrument to be executed this 25th day of April 1985 AS TRUSTEE: AS BENEFICIARY: FIRST INTERSTATE MORTGAGE CO~5~ANY, a FIRST INTERSTATE MORTGAGE COMPANY, a California corporation California corporation - ' "' ~ President ~ / Judy Davis, Assistant Vice J ' " ' ' " rresid~-c udv/Davls, ASS1SEanE vice ' SEWER EASEMENT ~-~'~t~t~' A /~.~. [/ THAT PORTION OF FRACTIONAL QUARTER SECTION 167 OF RANCHO DE LA NACION IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, LYING WITHIN A 15.00 FOOT WIDE STRIP OF LAND, THE CENTERLINE BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF THE NORTHERLY 40.00 FEET WITH THE WESTERLY LINE OF THE EASTERLY 810.00 FEET OF SAID FRACTIONAL QUARTER SECTION 167; THENCE ALONG SAID SOUTHERLY LINE SOUTH 71°38'51'' WEST 477.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 18°21'09'' EAST 506.08 FEET TO THE POINT OF TERMINUS. 06452 JDN 03-04-85 CAT. NO. NN00737 TO 21945 CA (1--83) (Corporation) TICOR TITLE INSURANCE STATE OF CALIFORNIA COUNTY OF ~/4~) ,~/")/~(~0 ? On ~'/& ~ ~ .. ~ .~ , /G~ before me, the undersigned, a Nota~ Public in and for said State, personally appeared ~c, ~ V ,~,~/~ personally known to me or proved to me oh the basis of satisfactory evidence to be the person who executed the within instrument as the ~=~'7~ President, ~ proved to me on the basis of satNfactory ~denc~ Be · c Fcraa: w~x~mt~-the wkhi~ instru~t~ Sec~tar, of the Corporation ~~1, that executed the within instrument and acknowledged to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its - board of directo~ WITNESS my hand and official <al. Signature ct.,~ .~ , I .-"~. ~c~ ~.,, c /q ~ (This area for officifl no~fl ~) W~.{EN RECORDED, PLEASE MAIL 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 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: E-77 The Grantor hereby further grants to the City of Chula Vista the privil'ege and right to extend drainage structures and excavation and embankment slope, beyond the limits of the herein described right-of-way where required for the construction and maintenance of said public street. RESERVING unto grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or' portions thereof, when in the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by said City Engineer. The Grantor hereby further grants to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said public street. The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction landscaping or maintenance of said public street. Dated this %4 day of M~AL REALTY INVESTMENTS, a California limited par tnershi~ BY: GENESIS DEVEL0~MENT C0~0RATION, a ...... California corp~ration~general partne BY: -.~---~ ~'--~' COUNTY OF BY: Alberto Namui, Vice President On before me, the undersigned, a Notary Public in and for said State, personally appeared TO 19S4 CA (7 82) J~JT1T~ INSURANCE (Corporation as a Partner of a Partnership) ~ AND TRUST STATE OF CALIFORNIA COUNTY OF .~'~?~ '~)/c(~q: I SS. On /z~pl~J'//_ ~, /,'/',3:;~'~ before me, the undersigned, a Notary Public in and for said State, personally appeared -~-~ ~: personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the President. and /.71d .(9'ff.,i.'7"o personally known to me or proved to me on the basis of satisfactory evidence to. be the person who executed the within instrument as~ the , ,'ac'.':: £&)c'~'./././././././././~<~aT' Secretaxy of the corporation that executed the within instrument on the partnership that executed ~" ~;~ tow gn'%; the within instrument, and acknowledged to me that such o .,.~. ~ .... ~ ...-,~ corporation executed the same ,s such partner and that -.-..r~ ,.~., _~. ~;~ .......... such pa~nership executed the same. ~. , , ~, '~ ~ WITNESS my hand and official seal. % 'xx':~:¢,~) ~ :.::: ' ::. Signature f~''~-,, ~t~ (This areaforofficiflnotariflmfl) · =. ~.' -~,~.¼16~T 'A~ ' ~5~ 'STREET DEDICATION- TREET / 241 THAT PORTION OF FRACTIONAL QUARTER SECT[ON 167 OF RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, ON FILE IN THE OFF[CE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, .DESCRIBED AS FOLLOWS: THE NORTHERLY 21.00 FEET OF THE SOUTHERLY 51o00 FEET OF THAT PORTION OF SAID FRACTIONAL QUARTER SECTION 167 LYING EASTERLY OF A LINE WHICH IS PARALLEL WITH AND DISTANT 240.00 FEET MEASURED AT RIGHT ANGLES EASTERLY OF THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF QUARTER SECTION 166 OF SAID RANCHO DE LA NACION; AND WESTERLY OF THE WESTERLY LINE OF THE EASTERLY 810.00 FEET OF SAID FRACTIONAL QUARTER SECTION 167. 06452 JDN 03-04-85 .SUBORDINATION AGREF~tENT ~HEREAS, the owner of that certain property hereinafter described has granted to the City of 5an Diego, a municipal corporation, in the County of San Diego, State of California, the per- qanent easement and right of way (LEGAL DESCRIPTION OF PROPERTY IS ATTACHED) ~NDWHEREAS, FIRST INTERSTATE MORTGAGE CO~ANY, a California corporation is hereinafter known as the BENEFICIARY; and FIRST INTERSTATE MORTGAGE COMPANY, a Calif. corp. [s hereinafter known es the TRUSTEE as of the date of this instrument under that certain deed ~f trust executed by MAZAL REALTY INVESTMENTS, a California limited partnership :o secure a note for ($ 9,000,000.00 ) NINE MILLION AND NO/iOOTHS DOLLARS ~ith interest dated April 17, 1985 and recorded April 24, 1985 in Official Records of :he San Diego County Recorder, covering the property hereinabove described, as Instrument No. 85-139666 ND WHEREAS, the BENEFICIARY affirms that it is the owner and holder of the hereinabove escribed trust deed note, and has not assigned its interest in same, does hereby direct nd authorize said TRUSTEE to Join with it in the execution of this instrument. OW, THEREFORE, for and in consideration of the benefits to accrue to the above described land y acceptance of said easement by said City of San Diego, the undersigned expressly subordi- ates all right, title and interest in and to that portion of said premises herein described, overed by said deed of trust, to the ioterest of said City of San Diego in said'easement with he intent that said easement shall be prior and superior to the lien of the deed of trust ereinabove described. N WITNE}S WHEREOF, the BENEFICIARy and the TRUSTEE have caused this instrument to be executed his ~.fu~b_day of _ A~ril , , 1985 5 TRUSTEE: AS BENEFICIARY: FIRST INTERSTATE MORTGAGE COMPANY, a FIRST INTERSTATE MORTGAGE CO~ANY, a BY: -:~"' "~ ',,,, '~' BY: ' - ~. ' , .~ Judy Davis, Assistant Vice President Asslstan, t.V~ce President ? · STREET DEDICATION - PALOMAR STREET THAT PORTION OF FRACTIONAL QUARTER SECTION 167 OF RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO 'COUNTY,'DESCRIBED AS FOLLOWS: THE NORTHERLY 21.00 FEET OF THE SOUTHERLY 51.00 FEET OF THAT PORTION OF SAID FRACTIONAL QUARTER SECTION 167 LYING EASTERLY OF A LINE WHICH IS PARALLEL WITH AND DISTANT 240.00 FEET MEASURED AT RIGHT ANGLES EASTERLY OF THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF QUARTER SECTION 166 OF SAID RANCHO DE LA NACION; AND WESTERLY OF THE WESTERLY LINE OF THE EASTERLY 810.00 FEET OF SAID FRACTIONAL QUARTER SECTION 167. 06452 JDN 03-04-85 CAT. NO. NN00737 TO 21945 CA (1--83) (Corporation) TICOR TITLE INSURANCE STATE OF CALIFORNIA COUNTY OF ,-<~-D~Q/~2 ~/g--~, q) ,~ ;p ~ /~?-'~ before me, the undersigned, a Notary Public in and for said State, personally appeared personaIly known to me or proved to me or~ the basis of satisfactory evidence to be the person who executed the within instrument as the /¢7~_,~ President, and pe~onally~kno,,vi~ tt~me or prc;'ed re. ,,'nc on u~,~ · ' ~-~ satid'a:etory c;Sdenee~t~be Set-~e*a~y of the Corporation .,~ , ,~ ;".'/ that executed the within instrument and acknowledged to me that such corporation executed the within instru- ,~"---~--~'=~ ....... ment pursuant to its by-laws or a resolution of its board of directors, WITNESS my hand l~nd official seal. Signature ,~, I .~d~ ~' ~ ~ ~-/'~7 '--~ (This area for official notarial seal) GR~NT OF EASLb. ENT FOR STREET TREE PURPOSES. b. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the undersigned do/does hereby grant to the City of Chula VisEa, in the County of san Diego, State of California, an easement and right of way for, and the right to plant, maintain, replace or remove trees in, upon, over and across that certain real property situated in the City of Chula Vista, County of San Diego, State of California, and more particularly described as followsl together v;ith the right to enter upon and to pass and repass over and along said easeraent and right of way and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents and employees and by any contractor, his agents and employees engaged by said City, whenever and wherever necessary for the purposes above set forth: MAZAL REALTY INVESTMENTS, a California limited partnership BY.'GENESIS ~DEyELOPME~T.CORPORATION, a BY:~ ~'~'~ BY: (Corporation as a Partner of a Partnership) Alberto Ha~~d~'nt STATE OF CALIFORNIA COUNTY OF y5/-?.~ ~'.~¢'0 ~ SS. , 19 , before me, On /L~,Zi. 7,~ ,7/? /,c/~'~- before me, the undersigned, a Notary Public in and for i.d for the said State, personally appeared ~/C3( / ;~ e27'7' lin, duly personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed thewithininstrumentasthe President, and ~ z /5'e~/j?-r~ ,"7'r'f,x"'~/~-tr s°n whose personally known to me or proved to me on the basis of satisfactory evidence ! acknowledged to be the person who executed the within instrument as the / ,~(- /_ ~,.'z*5/~_x 7- Secrcta~, of the corporation that executed the within instrument on the partnership that executed }.~.-~ .... ~ lay and the within instrument, and acknow edged to me that such ,. .;?!:,.<-, ~, corporation executed the same as such partner and that '~ .~; ....: ~,," ~ :.,!:: such pa~nership executed the same. , ,~¢...,,..~ " ~' : :, WITNESS my hand and official seal, % · -;~ '.:.. ;4 :: -.-~ ,, , Signature t j~. ~,~ ~ t ~ c:'.r.,~s:,~ . (This aje~ {or offici~ notari~ ~al) 3 tate of 1 60 EXHIBIT "A" STREET TREE EASEMENT - PALOMAR STREET THAT PORTION OF FRACTIONAL QUARTER SECTION 167 OF ~NCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: THE NORTHERLY 5.50 FEET OF THE SOUTHERbY 56.50 FEET OF THAT PORTION OF SAID FRACTIONAL QUARTER SECTION 167 LYING EASTERLY OF A LINE WHICH IS PARALLEL WITH AND DISTANT 240.00 FEET MEASURED AT RIGHT ANGLES EASTERLY OF THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF OUARTER SECTION 166 OF SAID RANCHO DE LA NACON; AND WESTERLY OF THE WESTERLY LINE OF THE EASTERLY 810.00 FEET OF SAID FRACTIONAL QUARTER SECTION 167. 06452 JDN REV. 4~15-85 SUBORDINATION AGREI~I ENT WNEREAS, the o~ner of that certain property hereinafter described has granted to the City of San Diego, a municipal corporation, in the County of San Diego, State o£ California, the per- ~anent easement and right of ray I?l t (LEGAL DESCRIPTION OF PROPERTY IS ATTACHED) AND WHEREAS, FIRST INTERSTATE MORTGAGE COMPANY, a California corporation is hereinafter known as the BENEFICIARY; and FIRST INTERSTATE MORTGAGE COMPANY, a Calif. corp. is hereinafter known as the TRUSTEE es of the date of this instrument under that certain deed of trust executed by MAZAL REALTY INVESTMENTS, a California limited partnership to secure a note for ($ 9,000,000.00 ) NINE MILLION AND NO/100THS DOLLARS with interest dated April 17, 1985 and recorded April 24, 1985 in Official Records of the San Diego County Recorder, covering the property hereinabove described, as Instrument No. 35-139666 %ND WHEREAS, the BENEFICIARY affirms that it is the owner and holder of the hereinabove ~escribed trust deed note, and has not assigned its interest in same, does hereby direct ~nd authorize said TRUSTEE to join with it in the execution of this instrument. ~OW, THEREFORE, for and in consideration of the benefits to accrue to the above described land )y acceptance of said easement by said City of San Diego, the undersigned expressly subordi- lares all right, title and interest in and to that portion of said premises herein described, :orated by said deed of trust, to the interest of said City of San Diego in said easement with ~he intent that said easement shall be prior and superior to the lien of the deed of trust lereinabove described. iN WITNESS WHEREOF, the BENEFICIARY and the TRUSTEE have caused this instrument to be executed :his .25th day of _ April 1985 iS TRUSTEE: AS BENEFICIARY: ~IRST INTERSTATE MORTGAGE COMPANY, a FIRST INTERSTATE MORTGAGE COMPANY, a ~alifornia corporation California corporation :¥. ,,¥: Jud?/~a¥is~,,'Assistant Vice President Judy Davi~ A~sistant Vice President EXHIBIT "A" STREET TREE EASEMENT - PALOMAR STREET / L/ / 0 THAT PORTION OF FRACTIONAL QUARTER SECTION 167 OF RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: THE NORTHERLY 5.50 FEET OF THE SOUTHERbY 56.50 FEET OF THAT PORTION OF SAID FRACTIONAL QUARTER SECTION 167 LYING EASTERLY OF A LINE WHICH IS PARALLEL WITH AND DISTANT 240.00 FEET MEASURED AT RIGHT ANGLES EASTERLY OF THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF OUARTER SECTION 166 OF SAID RANCHO DE LA NACON; AND WESTERLY OF THE WESTERLY LINE OF THE EASTERLY 810.00 FEET OF SAID FRACTIONAL QUARTER SECTION 167. 06452 JDN REV. 4-15-85 CAT. NO. NN00737 TO 21945 CA (1--83) (Corporation) ~.~ TICOR TITLE INSURANCE STATE OF CALIFORNIA COUNTY OF ~,.,~,.9 '-~'~)/~<7.(,, ~-p~ ..... , [ /., .~ before me, thc undersigned, a Nota~ Public in and for said State, personally appea~ed ...1~, ~ v' personally known to me or proved to me oh the basis of satisfactory evidence to be the person who executed the within instrument as the /-~;%,> ~'~ LJ/~ ~ President, a~ th~rson who executed-thc mthin instrument as the Secretary of the Corporation to me that such corporation executed the within instru- board of directors. WITNESS my ~d and officiaJ sea~ '-/~-~[ ~ d~ (Thi, ... for offici~ no~i~ ~) 1 64 GRANT OF EASEMENT - FOR DRAINAGE PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknow- ledged, the undersigned do/does hereby grant to the City of Chula Vista, in the County of San Diego, State of California, an easement and right- of~way for, and the right to construct, maintain, operate, replace, re- move, or enlarge a drain sewer and appurtenant structures in, upon, over ahd across that certain real property situated in the City of Chula Vista, County of San Diego, State of California, and more particularly described as follows: t31/O together with the right to enter upon and to pass and repass over and along said easement and right-of-way and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents and employees and by any contractor, his agents and employees engaged by said City, whenever and wherever necessary for the purposes above set forth: WITNESS OO~-- hand ~ this ~--~ day of &~t~ 19 MAZAL REALTY INVE ~NTS, a California limited par tnersh California ocr ~rati~n, general parb STATE OF CALIFORNIA) BY: ~ -'~ " nar COUNTY OF SAN Diego) ss Jose B~ resident BY: Albert~ ~resident On this day of 19 , before me, ~ a Notary public in and for the said County of San Diego, State of California, residing therein, duly eom- TO 1954 CA (7--82) to (Corporation asa Partner o il ~ Partnership) ~~ANC~ ho __ STATE OF CALIFORNIA " } ?ficial -- in this On /Ut/'~IY "~ /~ before me, the undersigned, a Notar Pu said State, personally ~pffeared 3 &.<lc / ]~ ~ y bbc m and for the within instrument as the personally known to me or proved to me on the basis of satisfactory evidence tg, be the pe~on who executed the within instrument as t , -~ the partnership that executed . ~,.~ , ~ the within instrument, and acknowledged to me that such -' 5' '"* ...-,e& .- ... WITNESS my hand and official s~ ' ~- ' '" .... ~ ' ' = ~ J I ' ~ ~ the County (This area for offici~ notarial ~) · STORM ORAI EASE N I¢--/f :? THAT PORTION OF FRACTIONAL QUARTER SECTION 167 OF RANCHO DE LA NACION IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP .THEREOF' NO. 166, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: PARCEL 1 A 12.00 FOOT WIDE STRIP OF LAND, THE SIDELINES OF SAID STRIP LYING 6.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF THE NORTHERLY 40.00 FEET WITH THE WESTERLY LINE OF THE EASTERLY 810.00 FEET OF SAID FRACTIONAL QUARTER SECTION 167; THENCE ALONG SAID SOUTHERLY LINE SOUTH 71°38'51'' WEST 56.56 PEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 36°03'42" EAST 37.47 FEET TO A TANGENT lO0.O0 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17°38'47'' AN ARC DISTANCE OF 30.80 FEET; THENCE SOUTH 18°24'55'' EAST 164.00 FEET TO POINT "A" OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 18°24'55'' EAST 60.00 FEET; THENCE SOUTH 71°38'51'' WEST 88.18 FEET TO A TANGENT 400.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15o42'23'' AN ARC DISTANCE OF 109.65 FEET; THENCE SOUTH 55o56'28'' WEST 99.75 FEET; THENCE SOUTH 71°11'02'' WEST 377.97 FEET; THENCE SOUTH 13°03'03" EAST 223.48 FEET TO THE NORTHERLY LINE OF THE SOUTHERLY 51.00 FEET OF SAID FRACTIONAL QUARTER SECTION 167. THE SIDELINES OF SAID ~.00 FOOT STRIP OF LAND BEING PROLONGED AND/OR SHORTENED SO AS TO BEGIN IN THE SOUTHERLY LINE OF THE NORTHERLY 40.00 FEET AND TERMINATE IN THE NORTHERLY LINE OF THE SOUTHERLY 51.00 FEET OF SAID FRACTIONAL QUARTER SECTION 167. PARCEL 2 A 12.00 FOOT WIDE STRIP OF LAND, THE SIDELINES OF SAID STRIP LYING 6.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT POINT "A" DESCRIBED IN PARCEL l; THENCE NORTH 71°38'51'' EAST 40.50 FEET TO THE WESTERLY LINE OF THE EASTERLY 810.00 FEET OF SAID FRACTIONAL QUARTER SECTION 167. SUBORDINATION AGREF3dENT ~RE~, the o~er of that certain property hereinafter described ha g anted to the Gity of ~an Di~go~ a muni¢Ipsl corporation, in the Count~ o~ San Diego~ State of Callfornla~ the ~er- ~anent easement and right o~ ~ay (LEGAL DESCRIPTION OF PROPERTY IS ATTACHED) %ND WREREAS, FIRST INTERSTATE MORTGAGE COMPANY, a California corporation £s hereinafter known as the BENEFICIARY; and FIRST INTERSTATE MORTGAGE COMPANY, a Calif. corp. Is hereinafter known es the TRUSTEE as of the date of this instrument under that certain deed ~f trust executed by MAZAL REALTY INVESTMENTS, a California limited partnership :o secure a note for ($ 9,000,000.00 ) NINE MILLION AND NO/100THS DOLLARS ~ith interest dated April 17, 1985 and recorded April 24, 1985 in Official Records of :he San Diego County Recorder, covering the property hereinabove described, as Instrument No. 35-139666 ND WHEREAS, the BENEFICIARY affirms that it is the Owner and holder of the hereinabove escribed trust deed note, and has not assigned its interest in same, does hereby direct nd authorize said TRUSTEE to Join with it in the execution of this instrument. OW, ~IEREFORE, for and in consideration of the benefits to accrue to the above described land Y acceptance of said easement by said City of San Diego, the undersigned expressly subordi- ares all right, title and interest in and to that portion of said premises herein described, overed by said deed of trust, to the interest of said City of San Diego in said easement with he intent that said easement shall be prior and superior to the lieu of the deed of trust ereinabove described. ~ WITNESS W]{EREOF, the BENEFICIARY and the TRUSTEE have caused this instrt~ment to be executed ]is ~ day of __April , . 1985 ; TRUSTEE: AS BENEFICIARY: IRST INTERSTATE MORTGAGE COMP;J~Y, a FIRST INTERSTATE MORTGAGE COMPANY, a .alifornia corporation California corporation Y: "~ '~'~ ' ~ '~ '~ BY: .- , Judy-Oavis~ Assls~hh~ vice Presiden~ -- ,,~ ~, ( , STORM DRAIN EASEMENT THAT PORTION OF FRACTIONAL QUARTER SECTION 167 OF RANCHO DE LA NACION IN THE CIJY OF.CHULA VISTA, COUNTY OF SAN DIEGO, STAT[ OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: PARCEL 1 A 12.00 FOOT WIDE STRIP OF LAND, THE SIDELINES OF SAID STRIP LYING 6.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF THE NORTHERLY 40.00 FEET WITH THE WESTERLY LINE OF THE EASTERLY 810.00 FEET OF SAID FRACTIONAL QUARTER SECTION 167; THENCE ALONG SAID SOUTHERLY LINE SOUTH 71°38'51'' WEST 56.56 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 36003'42'' EAST 37.47 FEET TO A TANGENT 100.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17'38'47" AN ARC DISTANCE OF 30.80 FEET; THENCE SOUTH 18024'55" EAST 164.00 FEET TO POINT "A" OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 18'24'55" EAST 60.00 FEET; THENCE SOUTH 71'38'51" WEST 88.18 FEET TO A TANGENT 400.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15'42'23" AN ARC DISTANCE OF 109.65 FEET; THENCE SOUTH 55*56'28" WEST 99.75 FEET; THENCE SOUTH 71'11'02" WEST 377.97 FEET; THENCE SOUTH 13°03'03" EAST 223.48 FEET TO THE NORTHERLY LINE OF THE SOUTHERLY 51.00 FEET OF SAID FRACTIONAL QUARTER SECTION 167. THE SIDELINES OF SAID )2.00 FOOT STRIP OF LAND BEING PROLONGED AND/OR SHORTENED SO AS TO BEGIN IN THE SOUTHERLY LINE OF THE NORTHERLY 40.00 FEET AND TERMINATE IN THE NORTHERLY LINE OF THE SOUTHERLY 51.00 FEET OF SAID FRACTIONAL QUARTER SECTION 167. PARCEL 2 A 12.00 FOOT WIDE STRIP OF LAND, THE SIDELINES OF SAID STRIP LYING 6.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT POINT "A" DESCRIBED IN PARCEL l; THENCE NORTH 71'38'51'' EAST 40.50 FEET TO THE WESTERLY LINE OF THE EASTERLY 810.00 FEET OF SAID FRACTIONAL QUARTER SECTION 167. STATE OF CALIFORNIA COUNTY OF _~- ~.-o~' -/.)/.,~:.~) ~ SS. On /2~/.}C/c ,~,~;- /~ ~ before me, the undenigned, a Nota~ Public in and for said State, personally appeared ~ - ~ personally known to me or proved to me on'the basis ~ ~ of satisfactory evidence to be the person who executed - i the within instrument as the l~7~7~ T~'~ L//~ ~ President, ~ m t~c cxC~~cnt ~ thc ) ~ .L&NET K tICk'AN' ' ~ i C~."L'~ D~OTADy FUBLC - CALFO~P'~ 1~ Secretary of the Corporation , ,:,.~ .a:. ;,= that executed the within instrument and acknowledged J ',~*::~ ,' SAR DfG.O Cq?.~,l 7 ~ to me that such corporation executed the within instru- ~ -- -_~ ~_,;y comm. ~xp*~,s auu al. l:~ l ment pursuant to its by-laws or a resolution of its - - ~ .... ~ board of director~ WITNESS my han~ and official soal. ~ Signature ~ ,[< .,~<.T- ~ ~ /L- ~ / ~ /- J . ~/d-r~//4~/ (This area for offici~ no~fi~ ~)