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Home My WebLink AboutReso 1989-14147 ' 0856 89 358761 CLt~" :2~ CHdCA I,,iISif~ i~t.L~ L,'I%T~/~(~ c:jZ-CtCb RESOLUTION NO. 14147 ! RESOLUTION OF THE CZTY COUNCIL OF THE CZTY OF CHULA VISTA ACCEPTING GRANT OF EASEMENT FROM j L,~OU~TY BONITA RIDGE DEVELOPMENT COMPANY FOR SEWER C PURPOSES 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 that certain grant of easement for sewer purposes executed by .Bonita Ridge Development Company dated the 22nd day of May , 1989 , 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 is 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 easement in the office of the San Diego County Recorder. Presented by . /~mas J r on Ctty 0362a Form 320 Rev. 2-86 ' 0857 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ,ULA VISTA, CALIFORNIA, this 20 day of June ... 19 ~, by the following vote, to--wit: AYES: Councilmembers Cox~ Malcolm, Moo~:e NAYES: Counci 1 members Bone ABSTAIN: Councilmembers Bone ABSENT: Counci 1 members None MOyO~/ofUthe City ofr Chula Vista ATTEST .TE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of RESOLUTION N0. 14147 ,and that the some has not been amended or repealed DATED '7- ~,- CC-660 - . (LEGAL DESCRZPTZON OF PROPERTY ZS ATTACHED) AHD NHEREAS, GREAT A~ERZCAN FIRST SAVINGS BANK ts here~nafter kn~m as the B[NEFZCZARY; and CALZFORNZA GENERAL MORTGAGE SERVZCE, ~NC. ts herelnarter kn~n as the TRUSTEE as of the ~ate of th~s instrument under that cer~n deed of t~st executed by BONZTA R~DGE DEVELOPMENT COMPANY to secure a note fo~ ($ 7,294,400.00 ) ~tth inte~s~ dated. 10/21/87 and recorded 10/23/87 and holder of the herefnabove described trust deed note. and he~by dh'ec~ 6nd authorize said TRUSTEE. to Join in the execution of this '. NO~t. ~EREFO~E..*fo~'~,~"-*~?~i~e'~i~':~F the benefits to accrue to the above described land by'acceptance of. sa~d easement by said City of Chute Vista. the undersigned expressly subordinates all rtgh~ title and interest in and co that portion of said premises herein described. covered by said deeO of trust. to the interest of said City of Chula Vista tn said easemen~ with the intent that said easement shall be prior and superior to the lien of the deed ' . ~f trus~ here~nabove described. :~. Z" "Z~'ESS ~[~EOFj::".':~h';~':";~EFZC~ARY and the TRUSTEE have caused this ¢nstmnt to be executed this ~q~, day of ~ TRUSTEE: AS BENEFZCZARY: CAL RVTCE~ ZNC. GR . . ~ ."'; ~PC 2435E .~' TEOSE PORTIONS'OF LOT 205 OF CHULA VISTA TRACT NO. 86-3, BONITA LONG CANYON UNIT NO. 3, ACCORDING TO MAP THEREOF NO. 11602, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER 2, 1986, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL I '.:! "i "? [~'.]V! ' COMMENCING AT THE MOST EASTERLY CORNER OF SAID LOT 205; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 20B, NORTH .74'43'58" WEST 20.36 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE,~NORTH 74'43J58"1 WEST 29o15 FEET TO A POINT ON THE ARC OF A NON-TANGENT 155.00 FOOT RADIUS CURVE CONCAVE SOUTH- ERLY, A LINE RADIAL TO. SAID CURVE THROUGH SAID POINT BEARS NORTH 09 · 56 ' B3" WEST; THENCE LEAVING SAID SOUTHERLY LINE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15'59~:~1'' A DISTANCE OF 43.26 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 20B ~ THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 17" 52 ' 20" EAST 11.01 FEET TO A POINT ON THE ARC OF A NON-TANGENT 145.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, SAID CURVE BEING CONCENTRIC TO THE AFORESAID 155.00 FOOT RADIUS CURVE, A LINE RADIAL TO SAID CURVE THROUGH SAID POINT BEARS NORTH 07 ' 48 ~ 20" EAST~ THENCE LEAVING SAID NORTHEASTERLY LINE WESTERLY ALONG THE ARC OF SAID 145.00 FOOT RADIUS CURVE THROUT]H A CENTRAL ANGLE OF 07'16~28'' A DISTANCE OF 18.41 FEET TO THE TRUE PQINT OF BEGINNING. SAID PARCEL I HAS AN AREA OF 0'007 ACRE, MORE OR LESS. COMMENCING AT;THE, MOST~EASTERLY' CORNER OF SAID LOT 205~ THENCE ALONG THE SOUTHERLY.:~'LINE ,OF, SAID LOT =0~, NORTH 74'43~58" WEST 207.31 FEET TO THE~~ THENCE CONTINUING ALONG SAID SOUTHERLY~LINE,~NORTt{ ,74'43~58" WEST 10.06 FEET~ THENCE LEAVING SAID SOUTHERLY LINE, NORTH 08°47 ~39" .EAST 8.96 FEETf THENCE NOR~fi 68'12~48" ,WEST 269.79 FEET TO A POINT ON THE ARC OF THE 50.00 FOOT RADIUS CURVE. CONCAVE WESTERLY ON THE EASTERLY LINE OF THE RIGHT-OF-WAY (AT THE CUL'DE'SAC)"' OF COUNTRY VISTAS LANE AS DEDICATED PER SAID MAP NO. 11602, A LINE RADIAL TO SAID CURVE THROUGH SAID POINT BEARS SOUTH 60°01~54'' EASTX THENCE NORTHERLY ALONG SAID EASTERLY LINE AND ALONG THE 'ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11'29~20" A DISTANCE OF 10.03 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 10.00 FEET NORTHEASTERLY AT RIGHT ANGI~ES TO THE PREVIOUSLY DESCRIBED LINE THAT BEARS NORTH 68'12~48'' WEST; THENCE LEAVING SAID RIGHT-OF-WAY OF COUNTRY VISTAS TJ~NE ALONG SAID PARAtLEL LINE, SOUTH 68'12'48" EAST 282.34 FEET~ BPM/MMA/LH JN 3177-21 ;. ,, ':"" !~ '~:.&,""9 ~,~' ' '. '~'~:;;~. ~2e:'''r' ;~ LIGi=.,~ !)IiClIIPTZOII (P~GE 2) . . THEN~E'NORTH'66'"~7 13 EAST14.'14 FEETI THENCE NORTH 21'47'13" EAST 20.00 FEET/THENCE SOUTH 68'12'48" EAST 12.00 FEETI THENCE SOUTH 2~47~13" WEST 20.00 FEETI THENCE SOUTH 23'12'48" EAST 14.14 FEETI .. THENCE SOUTH 21'47'13" WEST 10.00 FEETI THENCE NORTH 68'12'48" WEST " 34.71 FEETI T}IENCE SOUTH 08'47'39" WEST 7.52 FEET TO THE :SAID:PARCEL 2 HAS AII,AREA OF 0.084 ACRE, MORE OR I.~SS. THIS ME OR UNDER I~Y DIRECTION. ~.C.E, 23080 ' '~' '!'JN 33.77-21 "~:'~ ...."'" ' "' COUNTRY ~ SEWER EASEMENT litLOTS05 OFGNUIA VISTA TRACTRO.~$.~ ' LANE. - n ONITA L ON~ CAAIrOAI UNIT~. ~, - NO. II~Oe CORPORATE ACKNOTNLEDGMENT State of CAL, IFORNIA Onthlsthe 24 dayof }/bA'Y 1980 .before me, Countyof SAN DISGO '. }SS; ' EP, STiN RL,NAR ; :, *.: the underoIgned Notary Public, personairy appeared Off TCIAL ~1 At proved to me On the basis of aatlsfactof,/evidence A KERSTIN RUM R . ,'/. tobetheCeroon(s)whoexocutedthewlthlntnatrumentaa VICE PRJ~SIDEN"[' p,,,,c,.a~ o.,ce., :, AUTH~P.T,Z~D S T GNATOR or on behalf of the coq~oratton therein ~n O,q,', Cutrely ; ~:~ named, and ackno'Medged to me that the corporatiOn executed It. MyComm. Exp. Feb. 2. t99t ' Notery*a S~gnature TH~ CERTIRCATE Til/e or ~ of D~ument IVAJST BE ATTACHED Number of Pages Data of Document TO THE DOCUMENT DFSCRIBFD AT FLIGHT: Signer(s) Other Then Named Above CORI:mORATE ACKNOWLEDOMENT Stateo! CALIFORNIA Onthlsthe 24t]'l:layof C~ntyol__S_AN DI~GO the qndersigned Notary Public, personsfry appeared ~NN~TH M. SHOO_K, AND ~'~L~-J( ~NS_F:N ~3 personsfly known to me . S.,. I),,.~!~, C,',t,,,If V~TN':S~ my hand e.r~. offi " ., Notary's Signature ~ CERTIFICATE ', Titte Or Type of Document MtJST BE ATTACHED Number of Pa0oa .____ Date of Document T~'~ ~ DOCUMENT C SCRIBED AT RIGHT:. . ' Signer(s) Other Than Named Above ,. FOR A' VALUABLE COtlSIDE~ATION, receipt of which is hereby ' · ledgad, the undersigned do/does hereby grant to the City of Chula l'~i' Vista, in the County of San Diego, State of California, In easement · ~ and right of .way for, and the right to construct, maintain, operate, replace, remove, or enlarge a sanitary sewer and appurtenant ,~ eturGtures in, upon~ over and across that certain real property · . situated in the County of Sa~ Diego, State of California, and more SE~ C R Together with the righ~ to' enter upon an~ ~o pass ~d ripall over and' .along said easemen~ and righ~ of wa~ and to deposit tools, implements / and other materials thereon bM said City of Chula Vista, Ate officers, agen~s, and employees an~ by any contrac~ort, his .agents and ~ployees ~ engaged by said CitJ/whenever and wherever necessar~ .or the purposes d~a~e or suits for loss~ lncludin~ costs and attorne ts fees, '~ arising from ln~ur~ ~o. any~person(e). ~r property or life, caused by L or assignee arisin~'.~Erom.t~e ~ o e operation or main~enace' ~ of the eforomen~io~ed sanitary sewer or In unlng, operating or :~ traveling over ~he land ~lthin..the hereinbefore describ6d Gran~ of . Z~ L$ further u~e'rsteo~ an~ sgre$~ by the parties hereto that the $forementionect lanitar~ lewer and appurtenances ~hsreto shall be constructed, plece~ or laid below the grade of natural ground.. '80NITA RXDGE DEVELOPM[NT C~PANY, . ' e Calif0rn~a L~m~ted Partnership :. ~eng here. ,' THOSE' POR IONS OF LOT 205 OF HUt.~ VISTA TRACT NO. 86-3, BONITA T C ,LONG CANYON UNIT NOo 3, ACCORDING TO MAP THEREOF NO. 11602, FILED ~, /=N THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER ~,'~ c 2~ 1986~ IN THE CITY OF CHULA VISTA~ COUNTY OF SAN DIEGO, STATE OF '/. · "j CALIFORNIA, 'DESCRIBED AS. FOLLOWS~ ' MMXNCING ATiiT~ MOST'EASTERLY CORNER OF SAID LOT 205; THENCE O ~ ~ ALONG,THE SOUTHERLY LINE OF SAID LOT 205~ NORTH 74°43'58" WEST : 20.36 FEET TO THE TRUE POINT OF BEGINNINGI THENCE CONTINUING ALONG SAID SOUTHERLY LINE, NORTH 74~43t58" WEST 29.15 FEET TO A POINT ON ' X, THE ARC OF A .NON-TANGENT155.00 FOOT RADIUS CURVE CONCAVE SOUTH- : i' ERLY, A LINE RADIAL TO SAID CURVE THROUGH SAID POINT SEARS NORTH 09e56~53" WESTI THENCE LEAVING SAID SOUTHERLY LINE EASTERLY ALONG j " THE ARC OF SAID CURVE-THROUGH A CENTRAL ANGLE OF 15~59t21" A :! DISTANCE OF 43.26 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID ]9} "LOT 2051 THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 17'52e20" EAST ,]~ 11.01 =FEET TO A POINT ON THE ARC OF A NON-TANGENT 145,00 FOOT ,; RADIUS CURVE CONCA~;E SOUTHERLY, SAID CURVE BEING CONCENTRIC TO THE AFORESAID 15S~00 FOOT RADIUS CURVE, A LINE RADIAL TO SAID CURVE ' THROUGH SAID POINT. BEARS NORTH 07'48~20" EASTI THENCE LEAVING SAID .~! NORTHEASTERLY.LINE WESTERLY ALONG THE ARC OF SAID 14.~.00 FOOT RADIUS CURVE THROUGH A'CENTRAL ANGLE OF 0~'16'28" A DISTANCE OF 18.41 FEET TO THE TRUE POINT OF BEGIX¢~ING. ~ 0 EKCING'AT,.TtI~'MOST.EASTERLY~'CO~ER A~NG T~E SOUTHERLY LINE OF SAID ~T 205/NORTH 74e43t58. WEST 207.3~ FEET TO THE TRUE POTNT OF BEGTNNING SAID SOUTHERLY LINE,R~NORTH ~74'43'58" WEST 10.06 FEET; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 08'47'39" EAST 8.96 FEET~ THENCE NORTH 68'12'48" WEST 269.79 FEET TO A POINT ON THE ARC OF THE 50.00 FOOT ~DIUS CURVE CONCAVE ~ESTERLY ON THE EASTERLY LINE OF THE RIGHT-OF-WAY~ (AT THE ,' CUL-DE-SAC) OF COUNTRY VISTAS ~NE AS DEDICATED PER SAID ~P NO. 11602, A LINE ~DIAL TO SAID CURVE THROUGH SAID POINT BE~S SOUT~ 60'0~4 A~NG SAID EASTERLY LINE AND A~NG THE ARC OF SAID CURVE THROUGH A CENT~L ~GLE OF 11~29t2Q" A DIST~CE OF 10.03 FEET TO A POINT ON A LINE PA~LLEL WITH AND DIST~T 10.OO FEET NORTHEASTERLY AT RIGHT ~GLES TO THE PREVIOUSLY DESCRlS~D LINE THAT BEARS NORTH 68' 12 ~48" WEST; THENCE LEAVING SAID RIGHT-OF-WAY OF COUHTRY VISTAS ~NE A~NG SAID PAiLLED LINE, SOUTH 68'12'48" EAST 28a.34 FEET; :.~T,.'JN 3177-21~ · ~ ~ STAT~OF ~CA~IFORNIA ~ 1 · ... ~.~ ",~"S,"'~"',2 ,, : ' Notary Public iX and for said State, personally known to me toa execu .d th. within instrument as ho , President~ on behalf of INTERCAL EQUITIES, INC.~ the corporation therein named, and acknowledge~ to me that said corporation-executed the within instrument pursuant to its byelaws or a resolution of its board of directors, said corporation being known to me to [~athe general partner of B~A ~- RI~ ~E~UOp~FAJT' M~UU , ,. the partnership 'I tha~ such corporation executed the same as such partner that such par=nership executed the same.~,,:,',~,l~' WITNESS MY SAND AND OFFICIA~ SEAL. JUDY ~. VALADEZ,~ N =a~y ~li~' I STATE OF CALIFORNIA:~'.])--. - '~C ~ ) ss. ~..~ CO~TY OF SAN DIEGO'.'. ) On th~s ~ ~ay~0f.~=7'h.~, ' ', Y~j~'C198~, before me, the undersig[Notary ~ubl]~c in and f6~ said S~ate, personally appeared MICHAEL R. G~DO=Si personally known to me to be the President of Tr~a,~'. uevelopmen~Corporation~a California Corporation, and wn~. ~s also known;to ms to be the person who execu'.,~ the within/Xnstrumen~ on behalf of sa~ corporation, and ackn~iedged to me/~hat such corporation executed the within instru~en= pursuant, to its by-laws or a resolution of its Board o[ Oirec=ors, on behalf of M. G. Triangle 0evelopment, L~d., a Cal~fo~-nia Limited Partnership, ~ersonally known to me to be the Gen.'r~l Partner of Sonata Ridge Development Company, a California L~mited P~rtnership, the limited partnershJp tha~ executed the w~thin instrument and personally known to m~ =o be the person who executed the ~.ithln inatrumen~ on behalf of said limited par=nershlp and acknowledged ~o me tha~ such partnership executed the same. WITNESS my band and official seal. .. LIGILT, DIICIIIITZOll (PAGE 2) 20.00 ~ ~C~ SO~ 68'12~48' ~S~ 12.00 ~TZ ~t~C~ SOU~ . 2~'47~13" ~S~ 20.00 ~TI ~C~ SO~ 23'12~48" ~S~ 14.14 34.7Z ~3 ~ ~0~ 08'47~39' ~ST 7.52 ~ %, ~ BY ~ O~ ~DER ~ DICTION, ..~ R.C.E., 23080 ~,~ bur DATE: = 12-31~ 9 '{,~,' ~"~ ~0. ~ . ' -. ~:~;~, /~i/TM ~' ,~ < ,:: . j',, ..... 7;;~O~N' ~)' ~.. ~' ~..,. ..... ' %': "~/', / .... ' ~..;.t ~ ~ ... .,E N/alr ' =' PLAT TO '~ ,t ~ , . L EGA L DESCRIP T/ON . R.~o'z./oo3' .SE~ER EASEMENT .' COUNTRY ': ~ /~ LOT ~o5 0~ CNULA WSrA TRACT NO,~,~ : VISTAS ~ANE ~ON/TA LONG CAN~OU UNITm. d, NO. ll~O~