HomeMy WebLinkAboutReso 1984-11663
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RESOLUTION NO. 11663
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING GRANT OF EASEMENT FROM WALKER SCOTT PROPERTIESI
PALM, A GENERAL PARTNERSHIP
FOR DRAINAGE PURPOSES
The City Council of the City of Chula Vista does hereby
'esol ve as follows:
NOW, THEREFORE, BE IT RESOLVED that that certain grant of
,asement for drainage purposes
,xecuted by Walker Scott properties/Palm, a General Partnershio
lated the day of ' 19 , a copy of which
,s attached hereto and by this reference made a part hereof, the same
is though fully set forth herein be, and the same is hereby accepted
)y the City of Chula Vista for drainage purposes.
BE IT FURTHER RESOLVED that the City Clerk of the City of
~hula vista be, and she is hereby authorized and directed to record
:he document in the office of the San Diego County Recorder.
Presented by
Approved as to form by
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Jphn P. L~pp~tt, ~ty Engineer
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Thomas J. Harron ' City Attorney
Form No. 320
Rev. 7-82
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ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
IULA VISTA, CALIFORNIA, this
84
19th
day of
June
, by the following vote, to_it:
'ES:
Councilmen
Scott, Cox, Moore, McCandliss
,YES:
Councilmen
None
ISTAIN:
ISENT:
ColJ'lcilmen
None
Councilmen
Malcolm
R~
City of Chula Vista
TEST
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ATE OF CALIFORNIA )
IUNTY OF SAN DIEGO ) S s.
'Y OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
'HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 11663
,and that the same has not been amended or repealed.
TED
( seal)
City Clerk
;-660
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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
and across that certain real property situated in the City of Chula
Vista, County of San Diego, State of California, and more particularly
described as follows:
,
See Attached Exhibit "A"
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
my
hand
this
15th
day of
June
19~
STATE OF CALIFORNIA)
COUNTY OF SAN Diego) ss
WALKER scarr POOPERTIES/PAlM
~ scarr POOPERTIES/SOUI'H BAY
: ~-
. Borst, Partner
On this 15th day of June 19 84 , before me,
Sandra G. Hyde , a Notary pub lie in and for the said
County of San Diego, State of California, residing therein, duly com-
missioned and sworn, personally appeared Fred L. Borst
personally known to me to be the person whose name~subscribed to
the within instrument, and___he___duly acknowledged to me that___he___
excuted the same as one of the partners of Walker Scott Properties/South Bay, which
Partnership is one of the partners of Walker Scott PropertiesjPalm.
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.
OFF1CTAL SEAL
SANDRA G HYDE
NOTARY PUBLIC - CALIFORNIA
SMl O::-:CQ C::JNTY I
My comm. c.'(,,;j~~~ rfl;\,( 15, F--:'u :.
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Notary Public in and for the County
of San Diego, State of California
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EXHIBIT "A"
DRAINAGE EASEMENT
That portion of the Southeast Quarter of the Northeast Quarter of Section
19, Township 18 South, Range 1 West, San Bernardino Meridian, in the County
of San Diego, State of California, according to official plat thereof:
Being a strip of land 10 feet in width Westerly and parallel to an existing
22 foot wide drainage easement, known as Parcel 74-1521A, recorded September
25, 1974 as Document No. 74-258724, the easterly line of said 10 foot
easement more particularly described as follows:
Commencing at the North Quarter corner of said Section 19; thence proceeding
Southerly along the Quarter Section line SOo020'20"W, 1328.02 feet
(S00021'30"W, 1328.61 feet per said Document No. 74-258724), to the
centerline of Otay Valley Road; thence proceeding Easterly along said
centerline S72007'25"E (S72007'12"E per said Document No. 74-258724), 1853.12
feet to the beginning of a tangent 1250 foot radius curve concave Northerly;
thence proceeding Easterly along said curve through a central angle of
00030'59" an arc distance of 11.26 feet to the TRUE POINT OF BEGINNING;
thence leaving said curve and proceeding SOI058'24"W, (SOI058'37"W per said
Document No. 74-258724), 62.42 feet.
The sidelines of said 10 foot strip to be lengthened or shortened so as to
terminate on said 1250 foot radius curve.
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SUBORDINATION AGREEMENT
WHEREAS, the owner of that certain property hereinafter d..cribed ha. granted to the City of
San Diego, a municipal corporation, in the County of San Diego, State of California, the per-
'anent easeDlent and right of way FOR DRAINAGE APPURTENANCES.
(LEGAL DESCRIPTION OF PROPERTY IS ATTACHED)
AND WHEREAS,
THE BANK OF SAN DIEGO, A CALIFORNIA CORPORATION
is hereinafter known as the BENEFICIARY; and THE BA..~K OF SAN DIEGO, A CALIF. CORPORATION
is hereinafter known .. the TRUSTEE a. of the date of this instrument under that certain deed
of trust executed by WALKER SCOTT PROPERTIES/PALM; A CALIF. GENERAL PARTNERSHIP
to secure
A note for ($1,250,000.00)
with interest dated FEB. 28, 1984
and recorded FEB. 29, 1984
in Official Records of
the San Diego County Recorder, covering the property hereinabove described, as Instrument No.
AND WHEREAS, the BENEFICIARY affirm. that the owner and holder of the hereinabove
described trust deed note. and not assigned interest in s&llle. hereby direct
and authorize said TRUSTEE to join with in the execution of this instrument.
NOW, THEREFORE, for and in conaideration of the benefita to accrue to the above described land
by acceptance of .aid easement by said City of San Diego. the undersigned expressly subordi-
nates all right. title and interest in and to that portion of said premiaes 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 WITNE~S WHEREOF, the BENEPICIARY and the TRUSTEE have c.used this instrument to be executed
this -.1J!d.1 day of June 1984
AS TRUS TEE:
AS BENEFICIARY:
THE BJ\NK OF SAN DIEX:;Q, a California
Corporation, ~I
sr- /~ 2. (?~V~~
Thomas E. Anderson, Vice President
By, '~/O/A .Xlt7i.,,;c-
I.eanna L. Wheat, Asst. Vice President
THE EJl.NK OF SAN DIEm, a
California Corporation,
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EXHIBIT "A"
DRAINAGE EASEMENT
That portion of the Southeast Quarter of the Northeast Quarter of Section
19, Township 18 South, Ranse 1 West, San Bernardino Meridian, in the County
of San Diego, State of Callfornia, according to official plat thereof:
,
Being a strip of land 10 feet in width Westerly and parallel to an existing
22 foot wide drainage easement, known as Parcel 74-1521A, recorded September
25, 1974 as Document No. 74-258724, the easterly line of said 10 foot
easement more particularly described as follows:
Commencing at the North Quarter corner of said Section 19; thence proceeding
Southerly along the Quarter Section line SOo020'20"W, 1328.02 feet
(S00021'30"W, 1328.61 feet per said Document No. 74-258724), to the
centerline of Otay Valley Road; thence proceeding Easterly along said
centerline S72007'25"E (S72007'12"E per said Document No. 74-258724), 1853.12
feet to the beginning of a tangent 1250 foot radius curve concave Northerly;
thence proceeding Easterly along said curve through a central angle of
00030'59" an arc distance of 11.26 feet to the TRUE POINT OF BEGINNING;
thence leaving said curve and proceeding SOI058'24"W, (SOI058'37"W per said
Document No. 74-258724), 62.42 feet.
The sidelines of said 10 foot strip to be lengthened or shortened so as to
terminate on said 1250 foot radius curve.
,
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STATE OF CALIFORNIA }
COUNTY OF San Di eqo 55.
On this 13th day of June . in the year
1984 . before me, the undersigned. a Notary Public in
and for said County and State, personally appeared
Thomas E. Anderson
personally known
to me (or proved to me on the basis of satisfactory evidence) 10 be the
Vi rp- President, and
Leanna I. Wheat
personally known to me (or proved 10 me on the basis of satisfactory
ev;dence) to be Assistant Vice-President
X~1( 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.
. OFFICIAL SEAL
CYNTHIA B. GENIZA
, : NOTARYPUBUC-CALlFORN1A
,,"' SAN DIEGO COUNTY
My Camm. E"piresJo... 2, 1988
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CYNTHIA /B. /GENIZA
Name (Typed or Printed)
Notary Public in and for said County and State
Signature
1-118, 183 MAINE
(This area for official ~otarial seal)
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STATE OF CALIFORNIA }
COUNTY OF San Di ego 55
On this 14 th day of June . in the year
1984 . before me. the undersigned. a Notary Public in
and for said County and State, personally appeared
Car 1 Patsko personally known
to me (or proved to me on the basis of satisfactory evidence) to be the
Seni or Vi ce- President. and
Richard A. Dziezvk
personally known to me (or proved to me on Ihe basis of satisfactory
ev;dence) to be Senior Vice-President
3et*tiU<y of the corporation that executed the within Inslrumenl, and
aCknowledged to me that such corporation executed the within instru-
ment pursuant 10 its by.!aws or a resolution of its board of directors.
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YNTHIA lB. / GENIZ
Name (Typed or Printed)
Notary Public in and for said County and State
1-118' fU MAINE
(I) OFFICIAL SEAL
- CYNTHIA B. GENIZA
~ . NOTARY PUBLIC. CALIFORNIA
, SAN DIEGO COUNTY
.,- "...'"' M, Comm hp""" Jon 2,1988
Signature
(This area for official notarial seal)
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TIT L E
OTAY VALLEY INDUSTRIAL PARK
OFFSITE DRAINAGE ALTERNATIVES
. CHULA VISTA TRACT 81- 6
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DRAWN BY TIT L E
L. M. G. OTAY VALLE Y INOUSTRIAL PARK
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DAT;6_8_84 OFF-SITE ORAINAGE EASEMENT
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