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Home My WebLink AboutReso 1988-13864 (a) Revised ll/~l/88 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANTS OF EASEMENT FROM EASTLAKE DEVELOPMENT COMPANY AND FIRST NATIONWIDE NETWORK MORTGAGE COMPANY FOR DRAINAGE PURPOSES The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE I~ RESOLVED by the City Council of the City of Chula Vista that those certain grants of easement for drainage purposes EastLake Village and Business Center executed by EastLake Development IIompany and First Nationwide Network Mortgage dated the llth da) of November, 1988, copies Of which are attached hereto and by this reference made a part hereof as though fully set forth heroin, be aad the same are hereby accepted by the City Of chula Vlsta,.~ BE IT FURTHER RESOLVED that the City Clerk Of the City of Chula Vista bet and she is hereby authorized and directed to record said easements in the Office ~_ the san Diego County Recorder. Presented by Approved as to form by . l, .rector of . 4961a f 0597 ADOPTED AND APPROVED BY THE CITY COUNCIL (iF THE CITY OF CHULA VISTA CALIFORNIA, thiL___._Z2LdQy Of NDvember 19 88_, by the following vote, AYES: Councilmembers__ 1 ol re cC ndlts N der Cox ' NAYES: Counci lmembe~s __None ABSTAIN: Councilmembers ABSENT: Councilmembers None ATTEST~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CiTY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, Colifornia, DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of RESOLUTION NO. 13864 ,and that the SOme has not been amended or repealed DATED CC-660 0598 GRANT OF EASEMENT - FOR DRAINAGE PURPOSES DOCUMENTARY TRANSFER FOReA VALUABLE CONSIDERA?ION, receipt of which l~ hereby acknow- ledged, the undersigned do/does hereby grant to the City =~ :hula 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 cf Chula Vista, Countycol San Diego, State of California, and more particularly described as follows: (SEE ATTACHEl' LEGAL DESCRIPTION) together with the right to enter upor, and to pass and repass over and along said easemenz 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: WITHESS hand__.th~s day of 19 FIRST NATIONWIDE NETWORK MORTGAGE COUNTY OF SAN Diego) ss COxpOIafion Ackn°wtedgmest of San Diego, State of .Callfort 0602 DPAINAGE EASEMENT PARCEL C Being a 10.0Q foot strip of 1 nd lying within the Southessterly Quarter of the Southeasterly Quarter of Section 27, Township 17 South, Range I West, San BeEnardino Meridian in the County of San Diego, State of California, F~aid 10.09 foot strip more particularly described es follows: Beginning at the Northeasterly c3rner of Lot 13 of Chule vists Tract No. 84-7, Unit NO. 1, ~ep NO. 1150g, on file in the Office of s~id lot North 88~48'34· West 10.06 feet~ thence Leaving eeid Northerly line North 05e13'22" West 93.32 feet1 thence South 84e45'24" West 277.S0 feet~ theace North 05°L4'36· West 10.00 feet~ thence North 84~45'24· East 287.50 feetl thence South 05~13'22· E3s~ 104.45 feet to the ~oint of Beginning. 0603 ~',E, l/4 S,E. l/4 SEC. 27 14 ~ 13 ~" 12 ~ IWOl~Te9 I0 CHULA VISTA ~ TR~~~ ' MAP NO. 11509 ~ V ~OgW[~ ~OAD { j N~TZ~I ~gC, ALE: f'- io0' DRAINAe~E LA~EMEHT EXCHANGE F~T tN CHU~ VISTA TRACT ~-~ ~ ~IT NO. I MAF NO HSQ~. AND 5.E. 0604 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 rigut of way Eor, and the (LEGAL DESCRIPTION OF PROPERTY IS ATTACHED) AND WHEREAS, SECURITY PAUlFIG NAI'IONAL nAhK, A NATIONAL B.NKING ASSOCIATION is heroinafter known as the BE~IEFICIARY; and EQUITABLE DEED COMPANY, A CAL. CORPO~J~TION is hereinafter known as the TRUSTEE ~s of the date of this instrument under that certain deed of trust executed by EASTL/d<E DEVELOPMENT CO. & WESTENN SALT COMPANY to secure {a) note(s) for {$ 30,BDO,QOD.OO ) THIRTY MILLION rIVE HUNDRED THOUSAND AND with interest dated MAHCH 22, 1985 and recorded 3/28/HB(date) NO/leo DOLLARS in Official Records of the San Diego Coonty Recorder, covering the property heroinabove described, as Instrument rio. B9-104926 AND WHEREAS, the BENEFICIARY affirms that ~h:y are the nwner and holder of the heroinabove described trust deed note, ..d chat ~hey hereby direct and authorize said TRUSTEE to Join in the execution of this N011, 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 heroin 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 heroinabove described. IN UITIIESS WHEREOF, the BEHEFICIARY and the TRUSTEE have caused this instrument to be executed this ~ day of Yf~v~,¢~-,' , 19~. AS TRUSTEE'/tQui ASL }UED ~AN~, AS BENEFICIARY: SECURITY PACIFIC NATIONAL ~11 Bi~op/Vi~ Pz'esident WPC 2~35E 0606 DRAINAGE SASEMENT PARCEL B Being a 10o00 foot strip of land lying within Lot 13 of Chula Vista Tract No, 84-7, ~nit NO. I in the City of Chula ViSta, County of San Piego, St~ta of California, according to Hap 11509 on file in the Off~ re of the Recorder of said County, said 1G.O0 foot st[ip being mole particularly dasorihed as followll Beginning at the Southeast corner of said Lot 13~ being a point on the arc of a 4042,00 foot 'adiua curve Concave Eoutherly, a ~adial line to said point h~ars North S~13'22~ ~est~ thence ~esterly along said eur~e thrc, ugh a central angle of 0~08'~0' an arc distance of 1O.00 feetl tQence fearing said curve along a nontangent line North 5~13'22" West 361.69 feet{ thence along the N~rtherly line of said Lot 13 South 88~4a'34m East 10,06 feet to '- the Northeasterly corner of said lot; thence along the Easterly line of said l~t South B~13'22" East 360,55 feet to the Point of Beginning. 14 13 12 g IN~CATC~ I0' CHULA VI ~ f STA ~ TRACT NO, e4-7 UNIT p NO, 1 MAP NO, li5~ ~ L k~7 ' ~O~WELL ROAD DffiAINAi~E Ef ~EMEHT F...XCHAN(t~ rove, mmmmmm,~mumvm~mmm-mm..m FLAT tN CHULA VI~'FA TRACT ~l'r NO, ~ MAr' .o ,,~0,~, ^.~ ~4 OF ltlE r~,E. I/4 C~ 9F.C 1~' "Ell6., ~~ 10~.4 0608 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On A6Vdm~ II /~ , before me, the undersigned a Notary PUblic in and ~or said State personally appeared ' /?~z!~,~7 dZ~/~;~ , personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the vtce-President of DANIEL V, INC., a california corporation, the ge eral partner of EASTLAM~ DEVELOPMENT COMPAny, the perth ~rship that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that mlch partnership executed the same. WITNESS my hand and official seal. STATE OF CALIFORNIA ) ) ss. COUNTy OF S~ DIEGO ) On /~.~,~ //~/~H , before me, the undersigned, a Not y Public in and for said State, personally appeared , parsonany uwn to me or prov.d to me on the basis of satisfactory evidence to be the person who executed the within instmment as the Vice-President cf DAVID V, INC., a California corporation, the general partner of E~T~ DEVELOPMENT COMPLY, the partnership that executed the within instrument, and acknowledged to me that such oc~oratiun executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. Notary Public ,]RANT OF EASEMEIT - FOR DRAINAGE PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknow- ledged, the ,mdersigned do/does hereby grant bo the City of Chula in the County of San Diego, State of California, an easemenE and right- of-way for, and the right to construct, maintain, operate, replaceJ move, or enlarge a drain sewer and appurtenant ~truetures in, upon, over and across that certain real property situated in the City of Chula Vista, County oP San Diego, State of California, and more particularly described as follows: (SEE ATTACHED LEGAL DESCRIPTION) tcFether with the right to enter ,~pon ~ nd to pass and repass over and along said easement and right-o~-way a[~ to deposit tools, implements and ozher materials thereon ty said City Of Chula Vista, its officers, a~er]Ds and employees and by any ccntraetorJ his agenbs and employees engaged by said City, wheneve~ anl: ~,~herever necessary for the purposes above set forth: WIT~IESS hand__Dh~3 ,day of 19 DRAINAGE EASEMENT PARCEL B Being a 10.00 foot strip of 1,~d lying within Lot 13 of Chula Vista Tract NO. 84-7, Unit NO. I in the City of Chula Vista, County of San Diego, State of California, according to Map No. 11509 on file in the Office of the ~qecorder of said County, aaid 10.00 foot strip being more particularly described as follows; Beginning at the Southeast corner ~f aaid ~et 13, beifig a ~oint on the arc of a 4042.00 foot radiu~ curve concave Southerly, a radial line to said point bears Worth 5'13'22' Westl thence Westerly along said curve through a central angle of O'OSt30· an arc distance of 10.00 feet~ thence leaving said curve along a nontangent line North 5Q13'22" West 361.69 feet~ thence along the Northerly line of said Lot 13 South 88~48s34· East 1Q.06 feet to the Northeasterly corner of said lot~ thence along the Easterly line of said lot South 5°13'22· East 360.55 feet to the Point of Beginning, .~'~"~'~ CH LA VISTA NO, ~4 -7 UNIT MAP NO, 1lSOg