Loading...
HomeMy WebLinkAboutReso 1980-10258 RESOLUTION NO. 10258 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MAP OF CHULA VISTA TRACT 79-19, BONNIE BRAE, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENT GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that that certain map survey entitled Chula Vista Tract 79-19, Bonnie Brae, and more particularly described as follows: Parcell of Parcel Map No. 958 in the City of Chula Vista, in the County of San Diego, State of California, according to map thereof filed in the office of County Recorder of San Diego County, being a division of a portion of the West Half of Quarter Section 58 in the City of Chula Vista, in the County of San Diego, State of California, according to map thereof filed in the office of County Recorder of San Diego County is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon in hereqy approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the easement with the right of ingress and egress for street tree planting and maintenance as granted and shown on said map within said subdivision subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that that certain easement with the right of ingress and egress for street tree planting and maintenance as granted thereon and shown on said map within said subdivision is accepted on behalf of the City of Chula Vista as hereinabove stated. BE IT FURTHER RESOLVED that the Ci ty Clerk be, and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain improvement agreement dated the 10th day of September, 1980, for the completion of improvements in said subdivision, a copy of which is attached hereto and by reference made a part hereof, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the Ci ty of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by (.7 ./' ,( ~:-",~--..: / Approved as to form by ~~t~~ Attorney ;/ ...., ..~.. / .!_.- t {/l John P. Lippitt, City Engineer ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHlLA VISTA, CALIFORNIA. this 16th day of. September 19'A 0 . by the following vote, to-wit: AYES: C~ilmen Scott, Gi11ow, Hyde, Cox, McCand1iss NAYES: CCUlCilmen None ABSTAIN: ecu.c;lmen None ABSENT: Councilmen None &.J.c.U. --r~ / /7 .. .. / Mayor of the city 0 CIUa Vilta ATTESJ~.-zl;>iV#.~ ~-d-' / / City C (/ STATE OF CALIFORNA ) COUNTY OF SAN OEGO ) 55. CrTY OF CHULA VISTA ) r, JENNE M. FUlASZ, CMC, CITY CLERK of the City of Chulo Vista. California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 10258 ,and that the same has not been amended or repealed. DATED ( sear> City Clerk / ()2-~ CC-660 SUBDIVISION-CONDOMINIUM IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this lOthday of September , 1980, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City" and TATE ENTER- PRISES, a California General Partnership by CROWN POINT INDUS- TRIES, a California corporation, 7851 Mission Center Court, Suite 104, San Diego, California 92108, hereinafter called "Subdivider"; WIT N E SSE T H . - - -- - - -- WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision and condominium conversion, to be known as BONNIE BRAE CONDOMINIUMS, and more particularly described as Parcel 1 of Parcel Map 958 in the City of Chula Vista in the County of San Diego, State of California, pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision maps and Chapter 15.56 of the Chula Vista Municipal Code, and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Sub- divider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereof, Subvdivider shall enter into an agreement with City, secured by an approved improvement security to insure the per- formance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subvdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council and further Subdivider shall have accomplished, or by agreement with appropriate securities deposited with the City, guarantee all of 'those improvements in accordance with Chapter 15.56 of the Code, and WHEREAS, Subdivider is willing, in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improve- ment work required by the City in connection with the proposed subdivision and those improvements required by Chapter 15.56 of the Chula Vista Municipal Code as set forth herein and, further, will deliver to City necessary sureties as approved by the City Attorney to guarantee the accomplishment of said improvements, and WHEREAS, a tentative map of said subdivision has hereto- fore been approved, subject to certain requirements and conditions, as contained in Resolution No. 9682, approved on the 24th day of July, 1979, and WHEREAS, the requirements as set forth in Chapter 15.56 of the Chula Vista Municipal Code and the estimated cost of said improvements are as follows: -1- ;(-10;5-8 ..."'''''----- A. Building improvements (interior and exterior) per approved Bonnie Brae Condominium conversions plans. B. The total estimated cost of improvements is $13,900. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLCWS: 1. Subdivider agrees to comply with all of the require- ments of the tentative map resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, and under the direction and to the satisfaction and approval of the Director of Building and Housing and the City Engineer of the City of Chula Vista, those building improvements as required pursuant to Chapter 15.56 of the Chula Vista Municipal Code. 2. Subdivider shall provide to the City the following sureties in a form acceptable to the City Attorney and attached hereto as Exh ibi t "A": Amount of surety for interior and exterior building improvements, and storage construction: A. Amount of surety for the storage construction is $11,700. B. Amount of cash bond for the installation of a street light is $2,200. 3. Storage facilities shall have been completed within one (1) year from recordation of the final map. 4. Street light installation will be completed through a utility undergrounding project and the subdivider shall pay actual contract costs. 5. It is expressly understood and agreed that Sub- divider will notify all purchasers of units within the proposed condominium of the commitments contained herein and that said improvements as required herein should be accomplished prior to occupancy of any unit. 6. Failure to complete all work as required herein glves the City complete authority to utilize any and all of the amount of the sureties posted to accomplish said purposes. Upon certification of completion by the City Engineer and the Director of Building and Housing, and after certification by the Director of Finance that all costs thereof have been fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest pursuant to the terms of the improvement surety. 7. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any por- tion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials fur~ished there- for, except to the limits established by the approved improve- ment surety in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code and Chapter 15.56 of the Chula Vista Municipal Code. I021?f -2- $i))l Di.e~Q ()rt ~I't. 10 J 1 QRO before me, the undersigned, a Notary Public in and for said State, personally appeared A 1 an N. Nevin known to me to be the President, and known to me to be *** Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. ~u TO '.411 CA (8-74) (Corporation ) STATE OF CALIFORNIA } SS. COUNTY OF ~t III II: III X III oJ II. 0( .1- UI ~ WITNESS my hand and official seal. Signature Q!'iJ0 fJ//lM RQb . G, Zehner , /tJ"p,f}r - .T1T\.E1NSURANCE AND must A TlCOR COMPANY *** . . OFFICIAL SEAL R .. .. ROBIN G. ZEHNE. . ... NOTARY pUBLIC. CALIFORNIA . PRINCll'Al OFFICE IN " .~,~ SAM DIEGO COUNTY My Commission Expires Dee. 25, 1981 VJ-"",-"'.:...-rro.. "'_.",l"."~~~"",-",_.....,,,:...-..~_-..J'\.""v-~ . (This area for official notarial seal) -=-'--~ 8. It is understood and agreed that City, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, in the performance of this agreement. Subdivider further agrees to protect and hold harmless City, its officers and employees, from any and all claims, de- mands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, in the performance of this agreement; provided, how- ever, that the approved improvement surety shall not be required to cover the provisions of this paragraph. Said indemnification and agreement to hold harmless shall extend to damages or taking of property resulting from the construction of said subdivision and the public improvements as provided herein, to adjacent pro- perty owners as a consequence of the diversion of waters in the construction and maintenance of drainage systems and shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. 9. In the event that suit is brought upon this contract by City to enforce the terms hereof, City shall be entitled to a reasonable sum as attorney's fees. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA SUBDIVIDER i 6) tf " · ~ )' ! JLu . ' I." \....Y / "1\;- .__/ L\ Approved as to form by ~;;~~~ City Attorney . / Attach Notary Acknowledgment 4 .. -3- IO'Zt7Y h" .~, .."---;.' -- BOND NO. 386607 BOND FOR MATERIAL AND LABOR WHEREAS, the City Council of the City of Chula Vista, State of California, and TATE ENTERPRISES (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete certain designated publ'ic~ improvements, which said agreement, dated September 10, 19 80 ,and identified as proj ect BONNIE BRAE CONDOMINIU~1S , is heLeby referred to and made a part hereof; and WHEREAS, Under the terms of said agreement, 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 agreement and referred to in the aforesaid Code of Civil Procedure in the sum of FIVE THOUSAND EIGHT HUNDRED FIFTY AND NOnOO - -------------.dollars ($ 5.850.00 ), for materials furnished or labor thereon of any kind, or for amounts due undgr the Unemployment Insurance 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. /Il- If) /;.s-!1 - - ,+ State of CALI FORN I~ ss County of SAN DIEGO' On SEPTEMBER 10, 1980 therein, duly commissioned and sworn, personally appeared , before me, a Notary Public in and for said County and State, residing JACK G. LUPIEN known to me to be Attorney-in-Fact of I NSURANCE COMPANY OF THE vJEST the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the satd instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same, IN WITNESS WHEREOF,.:f,~~~~~j;Pg~'L5?gg~gM~f.5~<-1pJ official seal, the day and year stated in this certificate above. OFfICLA.l SEAL ~ " '!,. My Commi"ion E<pic.. M""'" II B'J""~'~:,J 1(( (l 'L d l Ii. I, /) lJ? C l\[ i ( ( c- PRINCiPAL O,f'Ct!N ! 'Notary Pub!i , ) T~; v 360212-6-66 1{)2-~r ~ . J~ .-'" ~~ 1..........'.::.,. .r.~ -'r.. -2- The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. In witness whereof, this instrument has been duly executed by the principal and surety above named, on SEPTEMBER 10 II 19 80 . TATE ENTERPRISE~[-t...e;..-t' f11i.,~O.!t'f H, C"'IA'\ fll,,,,t T."),,...f../f-..J, J.....c. , 1'.,.t....) ".....I!.-(Y' ~lClu~VJ..u..UJ P!UM~~1 i~ C'J. J,,~,(, ~<, 1/ti..f (Ht...CY'. 1111-~'-- tl/"J - I( tiel __ frt' j. k. Contractor Surety APPROVED AS TO FORM: ~~~ PW-E-34 ) 194e C", (8-74) Partnership) STATE OF CALIFORNIA COUNTY OF ...5:J." L?/~~ " On oS' ;-..t?/'",......:;>-? -1...,- ~ ./ '9 t3 before me, the undersigned, a Notary Public in and f . . A-c:s. fJ/Jq.,./~ ~ ,;? or said State, personally appeared ~rv'nkA'rc:./-/.J,/0e'_ . -' . ,., . ~ ......;;:>'; . -- ~ -.-elf' CO> '<54 f' . , .; C/vlv" tI?,.'nl /hd~o /"'/CJ. /L7~. G4ft /0/ /n:".. - = . ,l/, t/',; 4.::-.5". -7..o--r~ E-v ..r-e0).I2'J~ J t b:;;:",<! - known to me o e ~o f h . o t e partners of the partnershi that executed the within instrument, and acknowledged to m~ that such partnership executed the same. WITNESS my hand and official seal. } SS. .mu: INSURANcE AND TRUST A'I1CDIt ~ Signatur~~~~. 4L' ~"^"^""""""t . .~ OFFICIAL SEAL .. f DUANE M. HUGHES ~ ~ P HOTARY PUBLIC. CALIFORNIA :;' l] PRINCIPAL OFFICE IN ~ " SAN DIEGO COUNTY My Commission Expires March 23, f'.' ~ 'l\JY'JY-.~.."....,.,...",....t"t!Y~;~ 276 - 4th Ave. P. O. Box 1087, Chu!t Vnu, CA. ~2Q~2 ~ (This area for oftlc:ial notarial _I) /0"'2- S:. ~ ~..~-- 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 organized 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: JACK G. LUPIEN 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 6th 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 give him or her; and be it further "RESOLVED: That the Attorneys-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- 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 Sixth day of June , 19~_. INSURANCE COMPANY OF THE WEST .~ 9~ President STATE OF CALIFORNIA } COUNTY OF SAN DIEGO SS: On this Sixth day of June A.D., 19-.1L, before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came JAMES B. RATHBUN 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 acknowledged 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. ,.. '.__...w'! OFFICIAL SEAL : . CAROLE POWER : NOTARY PUBLIC. CALIFORNIA I . Principal Office. San Diego Co. Calif. My Commission Exp. Oct. 10. 1981 {!~ ~ Notary Public STATE OF CALIFORNIA } COUNTY OF SAN DIEGO SS: I, the undersigned. Richard S. King Secretary of the Insurance Company of the West. do hereby certify that the original POWER OF ATIORNEY. of which the foregoing is a full. true and correct copy, is in full force and effect. and has not been revoked. IN WIJ'NESS WHEIlEOI:;. I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 10th day of SEP I EMBER 19~. 'CWCAU'!O'2- S( -~.- State. of CALIFORNIA! Co\,\nty of SAN 0 I EG~ ss On SEPTEMBER 10, 1980 therein, duly commissioned and sworn, personally appeared , before me, a Notary Public in and for said County and State, residing JACK G. LUPIEN known to me to be Attorney-in-Fact of INSURANCE COMPANY OF THE HEST the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. My Commission Expires 3602 12/6~6 Z 5 t and and affixed my official seal, the day and year stated in this certificate above. ~3rf -, OFFICIAL SEAL mi. I;)..,.. ... - ", Martha H, Buffington ~ it iillCtliL f~' f:~(jfUlC\/[1'L . IFORNIA I I N \bl' \L . otar u IC ~." :' PRINCIPAL OFFICE IN " 'Cl. ..i "~"';.,,. SAN DIEGO COUNTY J My Commission Expires April 27, 1984 ~ ~&2525""c'15""t.X29 /6ZSY ~- . . BOND NO. 386607 . PReMIUM: $234.00 SURETY BOND FOR FAITHFUL PERPORHANCE KNOW ALL PERSONS BY THESE PRESENTS: Tha t we TATE ENTERPRISES , a corporation of BONITA, CALIFORNIA , as Principal, and INSURANCE COMPANY OF THE WEST , of SAN DIEGO, CALIFORNIA a corporation, incorporated undp.r the laws of the State of CALIFORNIA , and duly authorized under the 1a\'ls of the State of California to act as Surety, are held and firmly bound unto THE CITY OF CHULA VISTA in the sum of cLEVEN THOUSAND SEVEN HUNDRED AND NOIlOO -----------------_______________ 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 BONNIE BRAE CONDOMINIUMS , in accordance with SUBDIVISION-CONDOMINIU~ IMPROVn.1BH Ar.RFFMFNT , dated September 10. 1980 , and 1S required by the said CITY OF CHULA VISTA to give a bond to guarantee the performance and the completion of said improvements1 NOW, THEREFORE, if the said Principal shall well and truly perform all the work specified in said agreement, 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 I modifica.' tions and revisions to the Agreement secured by this Bond, including but not limited to any extensions of time for performance which may be agreed upon by and between THE CITY OF CHULA VISTA and the Principal. SIGNED AND SEALED AT of SEPTEMBER SAN DIEGO. CALIFORNIA , 19 80 on this 10th day APPROVED AS TO FO~l: - P\'l-L-100 ;(- ro.J_r;-~ ) 194e CA (8-74) Partnership) STATE OF CALIFORNIA } COUNTY OF S<7r7 L2- ~ q 0 SS. , On 5~/~;?7br,. /t::. /98 cJ / . before me, the undersigned, a Notary Public in and for said State, personally appeared~""",,,,,,,/~~/,~/-,.q.k4c..-:7 "t:}.r:..5. o/'..kr/~, /....,.c:. 6'~.-7 ~,.../.......Y' 74rr- "::=A/T.c'.-2~/2~;'/ q~ Jt7/oA ,4I"..Mi'wrs hGJ../ Cr,oLo'l /':;:&//,/ /Aq/./( ,/..../~ I.., /'n h"-'/7 /b/Ac""" ~/<: ,c:/?/~";/Y/'/~'=-> known to me to be -;r-U/ 0 of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. .Tm..I: INSUAANC& AND TRUST A'IICDR CDMIWn' Sign""rei/-".h?~'< ~ , ~_L "WI._.? ^~~\\ OFFICIAL SEAL .: DUANE M. HUGHES .- .1' :{' ~OTARY PUBLIC. CAWU/{f1Ii -: : 1J; PRINCIPAL OFFICE IN :- SAN DIEGO COUNTt' ~ My Commission Expires March 23, 1982 ~,Jh'!trtC...WJ,~'f!..~_.AJ"~rI"J'4...1f,.......I4lt:..fIi..,.-fl;'\,xN..Iit4~,.lf.J' 276.4th AYe. P. O. Box 1087, Chula Vj~to, {l,"'. 92( -"..~.,,- 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 organized 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: JACK G. LUPIEN 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 6th 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 give him or her; and be it further "RESOLVED: That the Attorneys-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- 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 Sixth day of June , 19~_. INSURANCE COMPANY OF THE WEST -9~ President STATE OF CALIFORNIA} COUNTY OF SAN DIEGO SS: On this Sixth day of June A.D., 19~, before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came JAMES B. RATHBUN 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 acknowledged 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. OFFICIAL SEAL I G CAROLE POWER NOTARY PUBLIC - CALIFORNIA . Principal Office. San Diego Co. Calif. My Commission Exp. Oct. 10. 1981 (!~ ~ Notary Public STATE OF CALIFORNIA } COUNTY OF SAN DIEGO SS: I. the undersigned, Richard S. King Secretary of the Insurance Company of the West;'do hereby certify that the original POWER OF AITORNEY, 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 10th day of SEPTt.MBER 19~. ICW CAL 37 / 0 ~ 6/ _...-~ GOLF' COUF~SE - ,EXISTING r- 15 SEWER EASEMENT TO SPRIN _ _ ~L~=R~TRICT G /V67"28'09E - - -=- - "-;-,, R=/270 L=i/6~4+ _47.97;-1-- -\~~~L1=5 1422 _ __~I___ ~, ~I \~, \ EXlsr. ACCESS ~I '3::. \ EA SEMEN r ~ \ ~ \ ~ I ~I'I) II' ~..... I \ ..... ~I ~I \ ~ "'t I 1'1) I 0,,' \--5' 0 I ~H \ t\il r- ~~ \~ ~ \ , <.N I )/ , ~o I '\ <.N I I ...... '-7 ' - I ';:::=- QJ. \:. E X I S rt N G )/ 0 xr~ IS'ORAINAGEEASEMENr \}~ \' :::: - "-:) I ' Lor / --\ \ ~ , ~ )/ '0\' o \ ~~ \ ~ <.D o 't \ \ \ I ~ (J,"\. ()"\. '0 \ \ I ~ n"t. v J \, I:: EXIST. 30' WATER EASEMENT T . \J"" -J.- --\'0 \I~~ SOl/TH BAY IRRIGA TlON DISTRlgT __ _ ~ ,~ ~.>--- U \ 11'1) .>-.......\ ~ ~ o \ I~ -t1: 3.5' TREE PLANTING 8- ~ P \1<: MAINT. EASfMENT \ 11+ _ _ _ _ -=::::::.. _ __ 1 __ ---- --__ I 0 ,,, --- ----___ ... I Lj=/2495/ R=750' . --~ J L ::: 161:96" I I~ I~ ~ I~ Ie) R 0 A O/~ If::) lo~ I:::: I~ I I ... ~ 10; " + " 4.,' ~ ~ \J, '"7 ';:::=- BONjTA , ~ PROJECT LOCATION VICINITY MAP ~H AWN BY L. M. G. ------------- 10 DATE I - 23 -80 TIT L E CHULA VISTA TRACT NO. 79-19 BONNIE BRAE CONDOMINIUMS - -. - - - - - - - --