HomeMy WebLinkAboutReso 1984-11664
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RESOLUTION NO.
11664
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING GRANT OF EASEMENT FROM OTAY VALLEY INDUSTRIAL
PARK
FOR SLOPE RIGHTS - CHULA VISTA TRACT 81-6
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 slope rights - chula vista Tract 81-6
,xecuted by ~av Valley Industrial Park. a California r,pnpral PRrr~pr~hip
lated the 31st day of May , 19 84 ,a copy of wh~ch
.s attached hereto and by th~s 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 slope rights
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.
Approved as to form by
['resented by
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Joh~ P. Lippitt, C{ty Engineer
Thomas J. Harron
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, City Attorney
Form No. 320
Rev. 7-82
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ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
ULA VISTA, CALIFORNIA. this
84
19th
day of
June
, by the following vote, to_it:
ES:
Councilmen
Scott, Cox, Moore, McCandliss
,YES:
Councilmen
None
ISTAIN:
SENT:
Col6lCilmen
None
Councilmen
Malcolm
TEST
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City Clerk/ ,;1
ATE OF CALIFORNIA )
UNTY 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. 11664
. and that the same has not been amended or repealed.
TED
City Clerk
{seal}
;-660
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GRi"lT or EASL~'J::1T - rOR SLOPE HIG1:TS
rOR A Vl'.LUABLE CO~lSIDE?J,TIO:I, receipt of wl1ic;, is hereby acknO'.:lccged,
the undersigned do/does hereby grant to t;,e City of Chula Vista, in the
County of San Diego, State of California, an easement and right of way
for, and the right to constru:::t, maintain, and use a slope ane fill upon
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"
toget!:er with the right to enter upo,", and to pass and repass over and
along said easement and rig~t of way and to deposit tools, implements,
and other naterials tl:erean by said City of Chula Vista, its officers,
agents ane e~?loyees 2nd cy any contr?ctor, his agAnts and e~?loyees
engaged by said City, whenever and \:herever necessary for the purposes
above set forth:
')I7!~ESS
my
hane on this
31st
day of
May
, 19 84
9tI~~. ~
Jeffrey Lynn Wissler-General Partne
ST:..TE OF CALI I'O?N IA)
COli:JTY OF SF':, DILGO) 5S
On this 3.1st day of May , 19 84 , before ree,
DeeRisa Oller , a Notary Publlc in and for the said County
of San Diego, State of California, residing thereini duly co~~issioned
and sworn, personally appeared Jeffrey Lynn WlSS er
personally knoh:n to me to be the person whose name is subscr~j-....ed to
the \.:ithin instruJ:1cnt, and x he duly ac.~nowledged tome that x hc_
executed the same. - -- --
1:1 \H7NESS lIEEPLOF, I have heoreunto sct my haf'.d arid affixed 1'\0'
official seal, at my office in t~le County of San Di<2go, the day and
year in this certificate first abovc written.
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19 OFFICIAL SEAL
,( '"i DEE RISA OMER
. ".~ ~ . NOTARY PUBLIC. CALIfORNIA
PH- I:- 5 4 . i PRINCIPAL OffiCE IN
SAN DIEGO COUNTY
e' -I (G&fA .~! Comm~.~:o~ :x~~~...~~~t_ 2_4. l~~__
2.R /?;~,., . @7WL-
Nota;y Public in and for the
County of San Diego, California
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EXHIBIT "A"
THAT PORTION OF LOT 19 OF CHULA VISTA TRACT NO. 81-6, IN THE CITY OF CHULA
VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
,19 ,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 19, SAID POINT BEING ON THE
WESTERLY LINE OF MAXWELL ROAO; THENCE PROCEEDING WESTERLY ALONG THE
NORTHERLY LOT LINE OF SAID LOT 19 N88054'27"W 135.00 FEET; THENCE S53035'54"E
154.59 FEET TO A POINT ON A 356 FOOT RADIUS CURVE CONCAVE WESTERLY AND
HAVING A RADIAL BEARING OF S76017'19"E, SAID CURVE BEING THE EASTERLY LOT
LINE OF SAID LOT 19, SAID CURVE ALSO BEING THE WESTERLY LINE OF MAXWELL
ROAD; THENCE PROCEEDING NORTHERLY ALONG SAID CURVE THROUGH AN ANGLE OF
12034'14" AN ARC DISTANCE OF 80.30 FEET; THENCE TANGENT TO SAID CURVE
NOl008'27"E 9.70 FEET, TO THE POINT OF BEGINNING.
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SUBORDINATION AGREB1ENT
WHEREAS, the owner of that certain property hereinafter described has granted to the City of
San Diego, 8 municipal corporation. In the County of San Diego, State of. California, the per-
,anent easement and right of vay FOR SLOPE RIG:iTS
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(LEGAL DESCRIPTION OF PROPERTY IS ATTACHED)
AND WHEREAS. BELL SAVINGS A."JD LOAN ASSOCIATION, A CORPORATION
is hereinafter known as the BENEFICIARY; and BELL NATIONAL CORPORATION, A CALIF. CORP.
is hereinafter known 8a the TRUSTEE 8. of the date of this instrument under that certain deed
of trust executed by OTAY VALLEY INDUSTRIAL PARK, A CALIFORNIA GENERAL PARTNERSHII
to secure A
note for ($2,000,000.00
with interest dated MARCH 26, 1984 and recorded APRIL 2, 1984
in Official Records of
the San Diego County Recorder. covering the property hereinabove described, as Instrument No.
84-120382
AND WHEREAS, the BENEFICIARY dUnns that we are the owner and holder of the hereinabove
described trust deed note, and has not BSlIigned any interest in same'dcx:::s hereby direct
and authorize said TRUSTEE to join with Bell in the execution of this instrument.
NOW, THEREFORE, for and in con8ideration 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 8aid 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 W1TNESS WHEREOF, the BENEFICIARY and the TRUSTEE have caused this instrument to be executed
this ....lltb. day of Inn"" lQQIl
AS TRUS TEE:
AS BENEFI ClARY:
~6~Loan<<t:n
Burton E. Eaton
Vice President
,6~=~n
Burton E. Eaton
Vice President
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EXHIBIT "A"
That portion of Lot 19 of Chula Vista Tract No. 81-6, in the City of Chula
Vista, County of San Diego, State of California, according to map thereof
No. 84-120382 , filed in the office of the County Recorder of said County
on Aprll 2, , 19~, more particularly described as follows:
Commencing at the Northeast corner of said Lot 19; thence proceeding
Westerly along the Northerly lot line of said Lot 19 North 88054'27" West,
4.00 feet to the TRUE POINT OF BEGINNING; thence continuing along said line
North 88054'27" West, 135.00 feet; thence South 53035'54" East, 154.59 feet
to a point on a 366 foot radius curve concave Westerly and having a radial
bearing of South 76017'19" East, said curve being the Westerly road easement
for Maxwell Road; thence proceeding Northerly along said curve through a
central angle of" 12034'14" an arc distance of 80.30 feet; thence tangent to
said curve North 01008'27" East, 9.70 feet to the TRUE POINT OF BEGINNING.
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