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HomeMy WebLinkAboutReso 1989-15311 (b) RESOLUTION NO. 15311 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANTS OF EASEMENT FOR DRAINAGE FACILITIES LYING OUTSIDE THE BOUNDARIES OF CHULA VISTA TRACT NO. 87-6, OTAY RIO BUSINESS PARK The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of Vista Tract No. 87-6~ Otay Rio Business Park executed by The Chillingworth Corporation, Amalgamated Citrus Growers, Inc., Katsumi Takashima, H. G. Fenton Material Company and N & S Materials, 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 · ord said easements in the office of the San Diego County ~order. Presented by Approved//~,s to r~~ ~ Attorney Form 320(a) 2887a Resolution 15311 vASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 19th day of September, 1989 by the following vote: AYES: Councilmembers: Malcolm, McCandliss, Moore, Nader NOES: Councilmembers: None ABSENT: Councilmembers: Cox ABSTAIN: Councilmembers: None Tim Nader, Mayor Pro Tempore ATTEST yA/ t , y STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 15311 was duly passed, approved, and adopted by the City Council of the City of Chula Vista, California, at a regular meeting of said City Council held on the 19th day of September, 1989. Executed this 19th day of September,1 989. Beverl~/A~ Authel et, City C1 erk Ci4yC e K,: '0567 C,h,.u,'tc',- V 5--Va,,c/aat° ' P, ESOLUTION NO. 15311 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANTS OF EASEMENT FOR DRAINAGE FACILITIES LYING OUTSIDE THE BOUNDARIES OF CHULA VISTA TRACT NO. 87-6, OTAY RIO BUSINESS PARK 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 drainage facilities lying outside the boundaries of Chula Vista Tract No. 87-6r Otay .R~0 Business Park executed by The Chillingworth Corporation, Amalgamated Ci~rus ,~ Growers, Inc., Katsumi Takashima, H. G. Fenton Material Company and N & S Materials, 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. Form 320(a) 2887a 19 90 NO EE/~ Re. sol ut~on. ! 531 1 '0568 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 19th day of September, 1989 by the following vote: AYES: Councilmembers: Malcolm, McCandliss, Moore, Nader NOES: Counci 1 members: None ABSENT: Councilmembers: Cox ABSTAIN: Counci 1 members: None Tim Nader, Mayor Pro Tempore ATTEST Beverly 52'~/~u~h~let, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 15311 was duly passed, approved, and adopted by the City Council of the City of Chula Vista, California, at a regular meeting of said City Council held on the 19th day of September, 1 989. Executed this 19th day of September,1989. ever ~/Y.' u e e ,' i y erk THE FOREGOING INSTRUMENT IS A CORRECT CORY OF THE ORIGINAL ON FILE IN THIS OFFICE. BEVE A. A ~H "T, 121'f~' CL 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 EXHIBIT "A" & "B" 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 hand this day of 19__. BY: ~ 't~~ STATE OF CALIFORNIA) BY: . On this qO3 day of ...... ~+eoab~q' 1 . e , i~70,~%~ -. ..... ~ aNotary public in and for the said' C'6un~y o San Diego, State of California, residing therein, duly com- missioned and sworn, personally appeared personally known to me to be the person whose' name 6 subscribed to the within instrument, and ..~he.~__duly acknowledged to me that -P_heV excuted 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. Notary Public in andFfor the County of San Diego, State of California ty of San Diego before m~, the ~dersigned a tiatary Public in and for sam Sta~e, VatsshaH} ' .. the Corporation that executed the w/thin Instrument, k~wn to m~ to · -executed the wRhin Instrument, on behalf of the Corperat~o~ heroin named, and ackrz'~d~ed to-me that such Corporation .executed th~ within Instrument pursuant to its by~a-~s or a resolution ot its hoard of directors. WIItiE~S my hand and o~c[al s~aL : ~ ~ .~~ -.- 0572 EXHIBIT "A" DRAINAGE AND ACCESS EASEMENT A.P.N. 644-050'02 THAT PORTION OF LOT 2 OF ~YtACTIONAL SECTION 20 TOWNSHIP 18 SOUTH RANGE 1 WEST SAN BERNARDIN0 MERIDIAN IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO U.S. GOVERNMENT SURVEY THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID LOT 2 DISTANT THEREON NORTH 86°52'53'' WEST 580.80 FEET FROM THE SOUTHEAST CORNER THEREOF; THENCE NORTH 21°49'52" WEST 100.38 FEET; THENCE SOUTH 89°52'21'' WEST 23.00 FEET TO A POINT ON THE EASTERLY BOUNDARY OF THAT LAND DESCRIBED IN A DEED TO PAUL CHALLET ET UX PER DOCUMENT RECORDED APRIL 1, 1937 IN BOOK 628 PAGE 366 OF OFFICIAL RECORDS BEING THE TRUE POINT OF BEGINNING THENCE ALONG SAID BOUNDARY SOUTH 0°07'39" EAST 85.00 FEET; THENCE NORTH 84°02'39'' WEST 158.20 FEET; THENCE LEAVING BOUNDARY NORTH 62°35'25'' EAST 148.86 FEET; THENCE NORTH 89°52'21'' EAST 25.00 FEET TO THE TRUE POINT OF BEGINNING. 0 5 7 3 '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 foXlows: SEE EXIHIBIT "A" & "B" 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: · WIT.ESS hand mgythis day of 192 . STATE OF CALIFO~IA) , COUNTY OF SAN Oiego) ss ............. ~ On this 4th day of October 19.88..., before me ,.Mary K Sullivan ~ a Notary public in and for the said County of San Diego, State of California, residing therein, duly com- missioned and sworn, personally appeared Katsumi Takashima personally known ..to me to be the person whose name subscribe~ to the within instrument, and /he /duly acknowledged to me that /he / excuted 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. .. 0574 EXHIBIT "A" DRAINAGE AND ACCESS EASEMENT A.P.N. 644-050-09 ' THAT PORTION OF LOT 2 OF FRACTIONAL SECTION 20 TOWNSHIP 18 SOUTH RANGE 1 WEST SAN BERNARDINO MERIDIAN IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF DESCRIBED AS FOLLOWS: PARCEL 1: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID LOT 2 DISTANT THEREON NORTH 86°52'53, WEST 580.80 FEET FROM THE SOUTHEAST CORNER THEREOF; THENCE NORTH 21'49'52" WEST 100.38 FEET; THENCE SOUTH 89°52'21" WEST 23.00 FEET TO A POINT ON THE EASTERLY BOUNDARY OF THAT LAND AS DESCRIBED IN A DEED TO PAUL CHALLET ET UX PER DOCUMENT-RECORDED APRIL 1, 1937 IN BOOK 628 PAGE 366 OF OFFICIAL RECORDS THENCE ALONG SAID BOUNDARY SOUTH 0'0?'39" EAST 85.00 FEET TO THE SOUTHEASTERLY CORNER THEREOF; THENCE NORTH 84°02'39" WEST 158.20 FEET; THENCE LEAVING SAID BOUNDARY SOUTH 62°35'25'' WEST 24.96 FEET TO THE SOUTHERLY LINE OF SAID LOT 2; THENCE ALONG SAID LINE SOUTH 86° 52' 53" EAST 240.00 FEET TO THE POINT OF BEGINNING. PARCEL BEGIR'NING AT A .POINT ON THE SOUTHERLY LINE OF SAID LOT 2 DISTANT THEREON NORTH 86°52'53'' WEST 1154.80 FEET FROM THE SOLFFHEAST CORNER THEREOF; THENCE NORTH 67°14'37'' WEST 147.21 FEET; THENCE NORTH 84°10'38'' WEST 20.00 FEET; THENCE SOUTH 5°49'22" WEST 50.47 FEET TO A POINT IN THE SOU~HERLY LINE OF SAID LOT 2; THENCE ALONG SAID LINE SOIrFH 86°52'53" EAST 161.01 FEET TO THE POINT OF BEOINNING. 08964 4/26/88 JY. ~ 0576 ~-,. DRAINAGE AND ACCESS EASEMENT "' EXHIBIT "B: PARCEL 2 %~,~',,~r0,~3,,' FR:OFC)~£1:) OTAY RI0 B/,i.6/HE~ FAF,,K. blHIT H~l 01· 7, LOT I ' LOT ~ cALE: t"= LOT ~4 ' ~ \ , LOT ~, ~ /-, ' ~"~P.d.D. b-1 / ~ CA6TDB ~./') FIItE'~ AV'B. T3 I , ,, ~ 11~916ATE,~ ~AIItAG~ ANO ,4Ct[55 EASFJ ~N T ACqUIrE 0 I · l ' 'TZ kl 84°1o' ~8" t,,I 2~0, oo' MOll & ASDGIATI=5 envlrOnmeNt^t PLANNINC;.^rc'H!tecture*eNGmNeerING ~./,~-..~,// 463'7 MewrIdge ,romehue, San Dieso, CA 92123-16i;' · (619) 2~-5750 · ' ,. 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 EXHIBIT "A" & "B", SHEETS 1 & 2 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 hand this day of 19 . BY: SEE SIGNATURE SHEET ATTACHED STATE OF CALIFORNIA) COUNTY OF SAN Diego) ss 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 com- missioned and sworn, personally appeared 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. IN WITNESS WHEREOF,II 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. Notary Public in and for the County of San Diego, State of California PW-E-21 ,'J " 0578 SIGNATURE SHEET OTAY RIO BUSINESS PARK II, A JOINT VENTURE COMPOSED OF THE CHILLINGWORTH CORPORATION, A CALIFORNIA CORPORATION AND AMALGAMATED CITRUS GROWERS, INC., A FLORIDA CORPORATION · -~"v~' (--x-c~C~ BY: AMALGAMATED CITRUS GROWLS, INC. CAT. NO. TO 1954 CA (Corporation as a Partner of a Pa~nership) ~ TICOR TITLE INSURANCE sTATE OF CALIFORNIA COUNTY OF EOS Anqe] es On Ap~i 1 2~ ~ ~ 989 before me, the undersigned, a Notary Public in and for said State, personally appeared F. Jack Li ebau personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed :the within ins~umcnt as the President, t ....................... ~ *~ within izz~zmcnt zs ~h. c ......... of Citrus Growers, Inc. the corporation that executed the within instrument on behMfof ~tav Rio Business Park IT ' the partnership that executed 0~ ~ ' the within instrument, and acknowledged to me that such corporation executed the same as such partner and that ~I~FU~-~ such paanership executed the same. WITNESS my hand and official seal. CAT. NO. NNOO636 TO 1954 CA (9--84) (Corporation as Partner of Partnership) TICOR TITL~ INSURANC STATE OF CALIFORNIA } $. cou~,y OF LOS Angel es on April 25, 1989 before me, the undersigned, a Notary Public in and for said State, personally appeared Robert H. personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within insuument as the V i C~ President,~ ...... lh, 1 ............... ~ t~ he rb ....... WhO ex~c~tz~ thz wlt'.iil. i..~a~.,,~.~ ~ the ~ ...... ~ of The' ~]lingW0rth Corporation Ch the corporation that executed the within instrument on . behalf of Otay Rio Business Park II the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such paanership executed the same. WITNESS my hand and official seal. 0579 EXHIBIT "A" STORM DRAIN & ACCESS EASEMENT THOSE PORTIONS OF THE SOUTH 1/2 OF SECTION 20 TOWNSHIP 18 SOUTH, RANGE 1 WEST SAN BERNARDIN0 MERIDIAN IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO U. S. GOVERNMENT SURVEY THEREOF; BEING DESCRIBED AS FOLLOWS: PARCEL A A 15.00 FOOT WIDE STRIP OF LAND THE CENTERLINE THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID SECTION 20 DISTANT THEREON NORTH 18°37'06" WEST ?65-76 FEET FROM THE SOUTHEAST CORNER THEREOF; THENCE NORTH 86°09'00" WEST 462.61 FEET; THENCE NORTH 82°59'18'' WEST 519.90 FEET; THENCE NORTH 67°50'29" WEST 324.12 FEET TO THE INTERSECTION OF THE NORTHERLY LINES OF A 25.00 FOOT WIDE EASEMENT PER DOCUMENT RECORDED MAY 31, 1951, IN BOOK 4118 PAGE 7 AND A 20.00 FOOT WIDE SAN DIEGO GAS AND ELECTRIC EASEMENT PER DOCUMENT RECORDED JAN. 17, 1962 AS FILE N0. 9295 BOTH OF OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY LINE OF SAID 25.00 FOOT WIDE EASEMENT NORTH 51°19'35'' WEST (SOUTH 51°42'30" EAST RECORD) 86.98 FEET TO THE BEGINNING OF A TANGENT 512.50 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE 11.86 FEET THROUGH A CENTRAL ANGLE OF 1°19'33" ; THENCE LEAVING SAID NORTHERLY LINE SOUTH 8°59'59'' WEST 114.96 FEET TO THE TRUE POINT OF BEGINNING HEREINAFTER KNOWN AS POINT "B"; THENCE NORTH 8°59'59" EAST 106.42 FEET TO A POINT ON THE ARC OF A 505.00 FT RADIUS CURVE CONCAVE SOUTHWESTERLY BEING CONCENTRIC WITH THE NORTHERLY LINE OF THE AFORESAID "25.00 FOOT WIDE EASEMENT" A RADIAL LINE TO SAID POINT BEARS NORTH 3?°48'29'' EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE 95.86 FEET THRU A CENTRAL ANGLE OF 10°52'35"; THENCE NON-TANGENT TO SAID CURVE NORTH 83°36'54'' WEST 96.23 FEET; THENCE NORTH 66°18'43" WEST 43.96 FEET; THENCE NORTH 8°59'59'' EAST 7.75 FEET TO A POINT HEREINAFTER KNOWN AS POINT "C". THE SIDELINES OF SAID STRIP TO BE PROLONGED OR SHORTENED TO TERMINATE IN A LINE BEARING NORTH 66°18'43'' WEST THRU THE AFORESAID POINT "C". PARCEL B BEGINNING AT THE AFORESAID POINT "B"; THENCE NORTH 81°00'01'' WEST 7.50 FEET TO THE TRUE POINT OF BEGINNING; BEING THE MOST SOUTWESTERLY CORNER OF THE AFORESAID PARCEL A; THENCE SOUTH 48°00'01'' EAST 144.00 FEET; THENCE NORTH 41°59'59'' EAST 70.00 FEET; THENCE NORTH 48°00'01'' WEST 171.57 FEET TO THE EASTERLY LINE OF THE AFORESAID PARCEL A; THENCE SOUTHERLY AND WESTERLY ALONG THE EASTERLY AND SOU~ERLY LINE THEREOF TO THE TRUE POINT OF BEGINNING. 0580 PARCEL C A 15.00 FOOT WIDE STRIP OF LAND THE CENTERLINE THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE AFORESAID POINT "C"; THENCE NORTH 8'59'59" EAST 334.91 FEET.TO THE POINT OF TERMINUS. THE SIDELINES OF SAID STRIP TO BEGIN IN THE NORTHERLY LINE OF THE AFORESAID PARCEL "A". 08964 4 -4 -88 J.Y. DRAINAGE AND ACCESS EASEMENT PLAT EXHIBIT "B" SH 1 OF 2 , .:_._; :I.._~.!~-:_, r.:;:!~,.-EXH!BiT!.B,~~ := S". 1-OF. 2. "' oss~ / : , i'Ei::AND::. ACCESS::- EASEMENT :: PLAT, " EXHIBIT.' "~:B" :' , SHEET.: 2OF. ,:',J, 8,o'FAY F~,'I'O "' ~ BUIS a,,~ PARK U j",l J T N 0 1 ,~~_,~ J7 \ ,C1' , OF LINE \ 1"4 ,,, ! ~- ' ' '22 '3B I I T?0.8. ---~ ~' ~ ,oZ. ~' . EASEME/IT voE,~ ?AR'CE ~ ~ ' ~ '~Ed*Ok°~F'~ /'/Y' ~ S JIg. ,5EC 2. c,0 'F J~3..5 +-it 08 964 , ~-15'311 O583 SUBORDINATION AGREEMENT 'WHEREAS, the owner of that certain property hereinafter described has granted to the City of Chula Vista, a municipal corporation, in the County of San Diego, State of California, the permanent easement and right of way. (LEGAL DESCRIPTION OF PROPERTY IS ATTACHED) AND WHEREAS, Shizue Maruyama is hereinafter known as. the BENEFICIARY; and FIRST AMERICAN TITLE INSURANCE COMPANY is hereinafter known as the TRUSTEE as of the date of this instrument under that certain deed of trust executed by Allied Tank Cleaning, Inc. to secure a note for ($1,390,000.00) 0ne Million Three Hundred Ninety Thousand Dollars with interest dated May 24, 1979 and recorded June 1979 in Official Records of the San Diego County Recorder, covering property hereinabove described, as Instrument No. 79-227822. AND WHEREAS, the BENEFICIARY affirms that they are the owner and holder of the hereinabove described trust deed note, and they hereby direct and authorize said TRUSTEE to join 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 Chula Vista, the undersigned expressly subordinates 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 Chula Vista in said easement with the intent that said easement shall be prior and superior to the lien of the deed of trust hereinabove described. to be executed this f , 19 AS TRUSTEE: AS BENEFICIARY: First American Title Shizue Maruyema STATE OF CALIFORNIA SAN DIEGO }Is. COUNTY OF ) ® SEPTEMBER 18, 1989 E On , before me, the undersigned, a Notary Public in and for = SKIP SANTY m said State, personally appeared .and DIANNE LIVINGSTON ,- I:l~]~,~]~iM~'lXd{iMjN)Me)Uo be the persons who executed the within instrument as ~ VICE- SecteraS, on hehaff of. FIRST E E President and ASSISTANT ~o o o AMERICAN TITLE INSURANCE COMPANY ' the corporation therein named, and acknowledged to me that . ~ suchcorporationexecutedthewithininstrumentpursuanttoits ~ ~ E ~ I~DER { - by-laws or a resolution of its board o~ directors. ~T~ ~IC ~I~NIA ~ · ~I~I~AL ~ IN ~ WIT~ESS my hand and official seal. ~ , ~N ~E~ COUNTY 0 ~ Stagnature ............ (This area for official notarial seal GENERAL ACKNOWLEDGMENT NO, the undersigned Notary Pubr ~' personally known to me ~ E "2'a. ~ , ~ ~:,~ ,::.: within instrument, and acknowledged that ~ ~ _executed it. '~"" N~tary's Signature ' ' THO 122 0585 SUBORDINATION AGREEMENT 'WHERF/S, the owner of that certain property hereinafter described has granted to the City of Chula Vista, a municipal corporation, in the County of San Diego, State of California, the permanent easement and right of way. (LEGAL DESCRIPTION OF PROPERTY IS ATTACHED) AND WHEREAS, Curls J. Corn and Sam M. Tidwell are hereinafter known as the BENEFICIARY; and FIRST AMERICAN TITLE INSURANCE COMPANY is hereinafter known as the TRUSTEE as of the date of this instrument under that certain deed of trust executed by Ota~ Rio Business Park II to secure a note for ($986,070.00) Nine Hundred Eighty Six Thousand Seventy Dollars with interest dated May 31, 1985 and recorded June 5, 1985 in Official Records of the San Diego County Recorder, covering property hereinabove described, as Instrument No. 85-199575. AND WHEREAS, the BENEFICIARY affirm that they are the owner and holder of the hereinabove described trust deed note, and they hereby direct and authorize said TRUSTEE to join 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 Chula Vista, the undersigned expressly subordinates 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 Chula Vista in said easement with the intent that said easement shall be prior and superior to the lien of the deed of trust hereinabove described. to be executed this _ , 19~?. AS TRUSTEE: AS BENEFICIARY: First American Title Curtis J. Corn and Insurance Comp y Sam M. Tidwell · STATE OF CALIFO IA '~', u.-..,~!~ OUNTY OF SAN ~1~0 On this.. //~'~day o[ .~*~"'~ 19, F,_, k~,. rwn to me ~ be the person whose name(s) i~u~- s.:, ibed to the with in instrument and acI<nowledge me that executed the same. .... ~i_tneSi.,my hand and d~cial Seal O586 } STATE OF CALl FOR N IA }ss. COUNTY OF SAN DIEGO On__SEPTEMBER 18,. 1989 before me, the undersigned, a Notary Public in and for SKIP SANTY said State, personally appeared. .and DIANNE LIVINGSTON , personally known to me I~ffi~l~B.1ell{~lZe~lel;)~o be the persons who executed the within instrument as ASSISTANT VICE -- President and ASS~LS~_j~ Secretary, on behalf of~E-!RST. AMERICAN TITLE INSURANCE COMPANY the corporation therein named, and acknowledged to me that such corporation executed the with in instrument pursuant to its by-laws or a resolution of its board of directors. WITi~IESS my hand an official seal. S~gnature _ (This area for official notarial seal) San DiegoTrust Savings Bank .oTA.Y ACKNOWLEDGEMENT ........ INDIVIDUAL STATE OF CALIFORNIA } SS. COUNTY OF SAN DIEGO /: '?~ ~YfT~TZ(rIT~C in the year ~ before me the undersigned, a Notary Public in and for said County On this ~Tz day of and State, personally appeared , ~2 ~:./~, nT. "//'_r~. ~j ) ~. //' (or proved to me on the basis of satisfactory evidence) to be the person{s) whose name(s] j.sJare subscribed to this instPument, and ac- nowledge that he [she/they) executed the same. ~ OFFICIAL SEAL ' -~fv-- Y0LANDA D. VANLENTEN NOTAR'Y PUBLIC, CALIFORI'41A PRINCIPAL OFFICE IN ~ DIEGO COUNTY Witness my hand and official seal: GRANT OF EASEMENT - FOR DRAINAGE PURPOSES 0587 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 EXHIBIT "A" & "B", 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 hand this day of 19__. BY: SEE SIGNATURE $HEET ATTACHED STATE OF CALIFORNIA) COUNTY OF SAN Diego) ss 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 com- missioned and sworn, personally appeared 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. 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. Notary Public in and for the County of San Diego, State of California PW-E-21 0588 SIGNATURE SHEET OTAY RIO BUSINESS PARK II, A JOINT VENTURE COMPOSED OF THE CHILLINGWORTH CORPORATION, A CALIFORNIA CORPORATION AND AMALGAMATED CITRUS GROWERS, INC., A FLORIDA CORPORATION · · Q B Y: / CAT. NO. NNOO635 TO 1954 CA (9--84) <CorporatEon as a Partner of a Pa.nersh p>TICOR TITLE INSURANCE STATE OF CALIFORNIA COUNTYOF_ LOS Anqe]es } ~- On April 25~ 1989 before me, the undersigned a Notary Public in and for said State, personally appeared ' , personally known to me or proved to me on the basls~ the within ins~umenr as the _ V ~ce President ho executed - . . - . Th~ Chi ] ] ~nnwnPfh RnpnnrAfinN ~ _ ~' of ~e corporation that ~Xecuted [he ~ithin ~nStrume~t o~ b~halfof_ Otay Rio Bus~ness Park _ the partnership that execu~e~ ~ the wkhin instrument, and acknowledged ~o me chat such corporsdon ~xecutcd the s~me as such partner and that such p~nership executed the same. WITNESS my hand and official CAT. NO. TO ~g~4 CA (Corporation as a Partner of a Partnership) TICOH TITL INSUHANC STATE OF CALIFORNIA COUNTY OF LOS Angel es } ~. on . April .25,. 1989 before me, the undersigned, a Notary Public in and for said State, personally appeared F. 3~C~ L j ebau personaily known to me or proved to me on the basis of satisfactory e~dence to be the person who executed the within ins~ument as the President, Amaln~matpd Citn,~ ~nw~r~ Tnc ........ 7 the corporatmn that executed the within j~strument on behMfof. Otav R~o Ru~ine~ Park 11 }.. ~ the partnership that executed ~ "the within instrument, and acknowledged 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. Signature . 0589 EXHIBIT "A" DRAINAGE EASEMENT THOSE PORTIONS OF ~ S0lrrH 1/2 OF SECTION 20 TOWNSHIP 18 SOIrrH, RANGE 1 WEST SAN BERNARDINO MERIDIAN IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO U. S. GOVFJRNMENT SURVEY THEREOF; BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID SECTION 20 DISTANT THEREON NORTH 18°37'06'' WEST 765.76 FEET FROM THE SOUTHEAST CORNER THEREOF; THENCE NORTH 86°09'00'' WEST 462.61 FEET; THENCE NORTH 82°59'18" WEST 519.90 FEET; THENCE NORTH 67°50'29" WEST 324.12 FEET TO THE INTERSECTION OF THE NORTHERLY LINES OF A 25.00 FOOT WIDE EASEMENT PER DOCUMENT RECORDED MAY 31, 1951, IN BOOK 4118 PAGE 7 AND A 20.00 F00T WIDE SAN DIEGO GAS AND ELECTRIC EASEMENT PER DOCUMENT RECORDED JAN. 17, 1962 AS FILE N0. 9295 BOTH OF OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY LINE OF SAID 25.00 F00T WIDE EASEMENT NORTH 51°19'35" WEST 86.98 FEET T0 THE BEGINNING OF A TANGENT 512.50 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE 335.o6 FEET THROUGH A CEN~L ANGLE OF 37°27'31"; THENCE NORTH 88°47'05" WEST 361.72 FEET; THENCE LEAVING SAID NORTHERLY LINE NORTH 3°07'27" EAST 335.47 FEET TO THE THUE POINT OF BEGINNING; THENCE CONTINUING NORTH 3°07'27" EAST 37.00 FEET TO A POINT ON A NON-TANGENT 1364.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY A RADIAL LINE T0 SAID POINT BEARS NORTH 7°19'11'' EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE 40.07 FEET ~}IRU A CENTRAL ANGLE OF 1°40'59"; THENCE NON-TANGENT TO SAID CURVE SOUTH 3°07'27" WEST 39.34 FEET; THENCE SOUTH 86°52'33" EAST 40.00 FEET TO THE TRUE POINT OF BEGINNING. 08964 4-27-88 JoYo """/ \ LTHEDATA TABLE" DRAINAGE & ACCESS EASEMENT PLAT EXHIBIT "B" ¢~ / ~h BEARING DISTANCE ' ~ T1 N 18'37'06" W 765.76' e/~ / T2 N 86'09'00" W ~62.61' T3 N 82'59'18" W 519-90' ~_ __ T4 N 67'50'29" W 324.12' / T5 N 51'19'35" W 86.98' T6 N 88'q7'05" W 361.72' ~ ~ ~ ~. T7 N 03'07'27" E 335-~7' r:~ ua F- T8 N 03'07'27"E 37.00' ua =: T9 N 0Y07°27'' f e~ ~ _-~ -- T~0 H 86' 53' 33" W 40.00 CURVE DAIA IABLE I DELTA RADIUS LENGTH --- Cl 37'27'31" 512.50' 335.06' "~ C2 1 ° 40 '5~' 1364.00' 40.07' ~ {'40' 4~" l~(,4.00' A0.00' PHT. tDT 44 ,S l/2 ,,SE C 2 O It 07' ~q' It "r::: / T7 --t.F.a.e.': j~j SF~ IVYSBB~\/J ~ TtO //FjEMENT ACQtll E{ED. ['~ · ~, ", . , 0591 SUBORDINATION AGHREEMENT 'WHEREAS, the owner of that certain property hereinafter described has granted to the City of Chula Vista, a municipal corporation, in the County of San Diego, State of California, the permanent easement and right of way. (LEGAL DESCRIPTION OF PROPERTY IS ATTACHED) AND WHEREAS, Curls J. Corn and Sam M. Tidwell are hereinafter known as the BENEFICIARY; and FIRST AMERICANTITLE INSURANCE COMPANY is hereinafter known as the TRUSTEE as of the date of this instrument under that certain deed of trust executed by 0ray Rio Business Park II to secure a note for ($986,070.00) Nine Hundred Eighty Six Thousand Seventy Dollars with interest dated May 31, 1985 and recorded June 5, 1985 in Official Records of the San Diego County Recorder, covering property hereinabove described, as Instrument No. 85-199575. AND WHEREAS, the BENEFICIARY affirms that they are the owner and holder of the hereinabove described trust deed note, and they hereby direct and authorize said TRUSTEE to join 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 Chula Vista, the undersigned expressly subordinates 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 Chula Vista in said easement with the intent that said easement shall be prior and superior to the lien of the deed of trust hereinabove described. to be executed this / t/f> f day of , 19 F~ · AS TRUSTEE: AS BENEFICIARY: First American Title Curtis J. Corn and Insur_~ romp y Sam M. Tidwell, ZY: .... , By: · ~-/ - c ~.y STA~ OF ~LIFO~IA for said State, ~rsonally asoeared known to me to be the ~ersS~ whose nBme(s) is sub: :;cribed to the with in instrument a,d ackn~ledEe to ;he that ex~uted the same. ...... --Witne~ my hand~nd Official ~1 i 059Z STATE OF CALIFORNIA )ss. COUNTY OF SAN DIEGO ) SEPTEMBER 18,, 1989 On_ before me, the undersigned, a Notary Public in and for SKIP SANTY said State, personally appeared. _and DIANNE LIVINGSTON , personally known to 2~]~M,~X~M~!C~I~M~I~e~ to be the persons who executed the within instrument as VICE-- President and -/%SSISTANT __Secretary, on behalf of. FIRST AMERICAN TITLE INSURANCE COMPANY the corporation therein named, and acknowledged to me that suchcorporationexecutedthewithininstrumentpursuanttoits by-laws or a resolution of its board of directors. NOTAlia' RII.tC CAMFOllNIA PIIINCIPAI. Oi=MCM IN WITI<IESS my hand and official seal. ~ DIEGO COUNTY ' · S~gnature (This area for official notarial seal N OLENDER San Diego ust Savings Bank No A.v ACKNOWLEDGEMENT ........ INDIVIDUAL STATE OF CALIFORNIA } SS. COUNTY OF SAN DIEGO On this / 2/7~da' ~:(,f ./L[/f?/',2.-F in the year/~ 9 . before me, the undereigned, a Nota~ Public in and for said County y of _ and State, personally appeared .. ~.~:/7~ ~ , ~ (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) ~are subsc~bed to this instrument, and ac- !owledge that ~(she/they) executed the same. Witness my hand and official seal: 0593 SUBORDINATION AGREEMENT 'WHEREAS, the owner of that certain property hereinafter described has granted to the City of Chula Vista, a municipal corporation, in the County of San Diego, State of California, the permanent easement and right of w~V. (LEGAL DESCRIPTION OF PROPERTY IS ATTACHED) AND WHEREAS, Shizue Maruysma is hereinafter known as-the BENEFICIARY; and FIRST AMERICAN TITLE INSURANCE COMPANY is hereinafterknown as the TRUSTEE as of the date of this instrument under that certain deed of trust executed by Allied Tank Cleaning, Inc. to secure a note for ($1,390,000.00) One Million Three Hundred Ninety Thousand Dollars with interest dated May 24, 1979 and recorded June 1979 in Official Records of the San Diego County Recorder, covering property hereinabove described, as Instrument No. 79-227822. AND WHEREAS, the BENEFICIARY affirms that they are the owner and holder of the hereinabove described trust deed note, and they hereby direct and authorize said TRUSTEE to join 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 Chula Vista, the undersigned expressly subordinates 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 Chula Vista in said easement with the intent that said easement shall be prior and superior to the lien of the deed of trust hereinabove described. to be executed this f , 19 AS TRUSTEE: AS BENEFICIARY: First American Title Shizue Maruyama Insurance Company By: ~::~-~' '/~ ~ . , . ~ \ I COUNTY OF_ SAN DIEGO SEPTEMBER 18, 1989 On , before me, the undersigned, a Notary Public in and for said State, personally appeared SI(IP SANTY and DIANNE LIVINGSTON personally known to me~~~~ ~~i~l]~ to be the persons who executed the within instrument as ~ V~Cg- ~President an~ ~SS~S~LSecretary, on behalf of_ ,AMERICAN TITLE INSURANCE COMPANY .he corporation therein named, and acknowledged to me that such corporation ex ecuted the wjthjn instru ment pursuant to its by-laws or a resolution of its board of directors, W~T~ESS my hand and official seal. S~gnature ..... (This area for official notarial seal) ,EN~RAL ACKNOWLEDGMENT NO. State of On this the k ~ day of ~ '&'~ ~ -(' 19~ before me, County of ~ ~q' ~ -~O.~-:~c'~k-:~ k~%,_ '~f~~ k N , ~ personally known to me ,~_~~ ~ proved to me on the basis of satisfacto~ evidence ~"~ ,.'~, J ~~ to be the person(s) whose name(s) c~_~. subscribed to the ~' '~'~" '; ~' ...... ...... WIT~ESS ~y hand and offlmal ?e , ~y ~ l~ . . ~ ~ v -s'~, ~ ~r~ LL.'~;~ 27, ~2 J' "' '~ , Notary's Signature