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HomeMy WebLinkAboutReso 1989-14001~(~ORDED REQUEST OF FIRST AMERICAN T|]~/t:~.. ,/~ ~'~ ~ RESOLUTION NO. 14001 1537 3 0626 CHULA VISTA ACCEPTING GRANTS OF EASEMENT FROM i C~'}~j~'V ~j~, e ~NCHO DEL REY PARTNERSHIP FOR D~INAGE PURPOSES~~"'~' ' .... IN CONNECTION WITH ~NCHO DEL REY PHASE 2 SUBDIVISION 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 purposes in Rancho del Rey Phase 2 Subdivision executed by Rancho Del Rey Partnership 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 .ecorder. · it[, ~frec'tor of R~th M. Fritsch,Deputy City Attorney Form 320(a) 2887a 0627 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHL .4 VISTA, CALIFORNIA, this 14 day Of March 19 $9 , by the following vote, to--wit: AYES: Counc~]members I~cCand]_j_ss, Nade~:, Moore NAYES: Counc~ I members Ha~co~m ABSTAIN: Cound]membe~s ABSENT: Counc~ ] members cox M ~t~ ~the Ci y ~f%hula vista ST/- OF CALIFORNIA ) 30UNTY OF SAN DIEGO ) ss. 31TY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, )O HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of RESOLUTION N0. 14001 ,and that the some has not been amended or repealed IATED March 23, 1989 ,/~/"" Cit~ C-660 GRANT OF EASEMENT - FOR DRAINAGE PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknow- ledged, the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 structure~ 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: PER LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. 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 our hand this 30th day of November 19 R~ - SEE ATTACHED SIGNATURE PAGE OF CALIFORNIA) TY OF SAN Diego) ss On day of 19 , before me, , a Notary .blic in and for the said County of San go, State of Califorr residing therein, duly com- missioned and , personally appeared personally k~ .e to be the person who name subscribed to the within and he__duly .ged to me that he excuted the same. WITNESS WHEREOF, I have eunto set my hand and xed my official sea at my office in the ~n~' of San Diego, the da nd year in this certi ate first above writte ~ NoVary Public in and for the County of San Diego, State of California ., · 0629 --_-~ - ? ,'~.2 :-7'22 _i ~7 ;" :7:,'-Y '..5: !:" 'ZZ" ~ '.'- -" - . ~-= ---: : :' Y::BY: MCHILLIN COS~NIT~TES, iNC:.'~ ::' z~?: ....' ...... "' '--- h CALIFORNIA CORPORATION ............ TITLE: Sen~or v~ce T/Exe ~' '' / : . TI cp~iv8 Vice. Fr~ident - ' - "BY: HOME'C~P'ITAL CORPO~TION A CALIFORNIA CORPORATION TITLE: GRANT OF EASEIqENT FOR DRAINAGE PURPOSES 6/24/88 jb 0630 · STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) On this 30th day of November 19 88 before , , me, Jo_vce A. Benefield , a Notary Public in and for said state, personally appeared Steven E. MeGill , personally known to me (or prov=d t~ .... ~k^ k._~, ==ti=factc.~' evidence) to be the Senior Vice President, 8/~d Joe w. Shielly , personally known to me F~u-~ =o ~ ~n '~- ~--~- -~ --~a-f~ct=r~ ~vidan~e) to be the ~xect Vice Pres. ~ of McMILLIN COMMUNITITES, INC. ~e coloration ~at executed ~e within instmen=, ~o~ to me be ~e persons who executed the within instment on behalf of ~e said coloration, said co~oration being ho~ to me to be one of ~e general pa~ners of RANCH0 DEL REY PARTNERSHIP ~e general partnership that executed ~e wi~in instment, and ac~owledged to me ~a~ such co~oration executed the same as such pa~ner and ~at such pa~nership executed the same. WIMSS my hand and official seal. :~ 'L:_f=j2~~'' U'.' ~' ....c;:~lr2: CAT. NO. NN00636 TO 1954 CA (9.--.84) (Cornoration ~s a Pzrqmer of z Partnership) · TICOR TITLe INSURANCe STATE OF CALIFOPuNIA COUNTY OF O } ss. On DS-t*,~FL68f" cQ. /~ef ~?rc c, the undersigned sa3d Sr, ztc, pcrsonzl/y appca,rcd ' ~.]/'FJ/P--K)~/9//') , z Notary Public in and for personally kno~m to me or proved to me on the basis of satisfactory evidence to be the person who executed personzlly known m ~e or prov to me o the asis of satisfactory evidence th'e'corporad n di~ execu ca r_h ' ent on WITNESS my hand d official seal .... /4-o0 t ................... .. , 0631 $ SUBORD INATI ON AGREE!~ENT 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, HOME FEDERAL SAVINGS AND LO~2q ASSOCIATION iS hereinafter known as the BENEFICIARY; and HOME FEDERAL SAVINGS AND LOAN ASSOCIATION is hereinafter known as the TRUSTEE as of the date of this instrument under that certain deed of trust executed by RANCHO DEL RE¥ PARTNERSHIP tO secure (a) note{s) for ($11,324,000.00 )A!ID $4,739,000.00 with interest dated JULY 5, 1988 and recorded JULY 21, 1988 in Official Records of the San Diego County Recorder, covering the property here~nabove described. as Instrument No.'s 88-354442 AZqD 88-354444 MiD WHEREAS, the BENEFICIARY affirms that they are the owner and holder of the hereinabove described trust deed note, and 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. inst ut h a , HOME FEDERAL SAVINGS ~2qD LOAN ASSOCIATION HOME FEDERAL SAVINGS AND LOAN ASSOCIATION AS TRUSTEE: AS BENEFICIARY: , WPC 2435E 12, IqOO i D <I/~ / i Corporation ) STATE OF CALIFORNIA I - '- COUNTYOF ,,,~J~Jq DI~_~I) ( ~' on the basis of satisfactory evidence) to bc the k.ow. to ~ to b~ ~hOfitd ' er _ known to me to be the persons tud 7: within Instrument on behalf of the coloration therein ackno~lcdged to me that such coloration exccutec -'~ within instrument pursuant to its by-laws or a re~ol~on ' :~ board of directors, my M~d and official seal. WITNESS / Signature / t, ~,/~ ~ ...... Name (Ty~d or OFC-2058 (Corporation) STATE OF CALIFORNIA COUNTY OF State, ~rsonallv appe~c:_ on the basis of satisfacton known to me to be known to me to hc inst~nlent pursuafil of&rectors. OFC-2058 FORM,,SDAWCOP.ESS 0633 S1| :1( ENGINEERING COMPANYPLA"N'N C°Ns"LTA"TS AND CIVIL ENGINEERS 5620 FRIARS ROAD · SAN DIEGO, CALIF 92110-2596 · ~cLEpHONE · AREA CODE 619 · 291 -0707 JOB NO. LEGALDESCR,PTIONFORz OFF-SITE DRAINAGE EASEMENT FOR taY M.R.B. DATE l SMEET 10296 CHULA VISTA TRACT NO. 88-1, PHASE 2 SK'D. f~_~ 11--2--88 1 o~ 1 That portion of the Southwest Quarter of Quarter Section 35 of Rancho De La Nacion in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 166 filed in the Office of the County Recorder of San Diego County, said portion more particularly described as follows: Beginning at San Diego County Horizontal Control Point "MAP 7614, XP-I", said point bears South 23050'50" East 3187.95 feet from San Diego County Horizontal Control Point "STA. 232", said bearing being in terms of the California Coordinate System Zone 6 (CCS27); thence North 24°45'55" West 1515.34 feet to the TRUE POINT OF BEGINNING; thence North 57o47'09" West 276.08 feet to the beginning of a tangent 230.00 foot radius curve concave Southwesterly; thence Northwesterly along the arc of said curve through a central angle of 27°02'41" a distance of 108.56 feet; thence radial to said curve North 05°10'10" East, 20.00 feet to the beginning of a non-tangent 250.00 foot radius curve concave Southwesterly; to which a radial line bears North 05°10'10" East; thence Southeasterly along the arc of said curve through a central angle of 27~02'41" a distance of 118.00 feet; thence tangent to said curve South 57°47'09'' East. 138.30 feet; thence North 77°12'51" East 98.31 feet; thence South 05°32'05'' East 15.12 feet; thence South 77~12'51'' West 81.40 feet; thence South 57~47'09'' East 102.06 feet to the beginning of a non-tangent 658.00 foot radius curve concave Southwesterly, to which a radial line bears North 85~10'55'' East; thence Southeasterly along the arc of said curve through a central angle of 02~09'05'' a distance of 24.71 feet to the TRUE POINT OF BEGINNING. Robert G. Schoettmer L.S. 4324 COMPANY DESCRIPTION REVISIONS TITLE CO. BY I DATE REFERENCE ORDER NO. ~ DATE '0634 · .' .POR, S,W, 114OF 114 5EC, 35 .A.,ZT"oZ"4r' ....... _ /"'-----,-> L--H6oo' SAN DIEGO COUNTY zo. oo' /- R:zso' I:HORIZONTAL CONI~OL ....... NS°IO'IO"EfR) { - - ~ ,POINT rSTA. 232.,_ A,27°OZtfr' I L:lOS.Sb' b-~ / R:2.50' BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS ~,,~'bl': MAP IS THE LINE BETWEEN COUNTY ~" OF SAN DIEGO HORIZONTAL CONTROL POINTS "STA. 2:52"(2ND ORDER) AND "MAP 7614, ~P,.;.J" (3RD ORDER) i.E., N23°5050' ¢. SAID BEARING ~H O, D E J\JACJOJ",J AND BEARINGS SHOWN HEREON BEING IN TERMS OF THE CALIFORNIA COORDINATE SYSTEM, ZONE 6. (CCS27) , .. T.P.O.R. D~'AINASE .LEGEND.. EASEMENT M.AP N O. J©©, 8J5 [.::~;i:::2~:!i!~:i!~;i~i;~%~i!:iii~i~iiilINDICATES DRAINAGE EASEMENT/ SHOWN THUS. ___= INDICA~S PROPOSED SUBDIVISION / B~NDARY. / I~ ~ P>IAsE 2 T, vg / SCA~=I":IO0' RO.& D~A/NA~E EASEMENT ~N IE~O CO~M~O~IZO~A J -!0~7 EbN~OL POIN A 7614~ XP-I' RICK INBIN!!RINB COMPANY OFFSITE DRAINAGE EASMENT= FOR PROPOSED CHULA VISTA TRACT NO. 88-1 PHASE 2 T.M. NO. 88-l. ~T ~ 10297 ~ALE lu=lOO1 I DATE