HomeMy WebLinkAboutReso 1989-14007 O893
RESOLUTION NO. 14007
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING, DEDICATING AND NAMING CERTAIN REAL
PROPERTY IN SAID CITY FOR STREET AND HIGHWAY PURPOSES
LOCATED AT RANCHO DEL REY PARKWAY AND AVENIDA DEL
REY IN THE RANCHO DEL REY AREA
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 real property, made
by Grant of Easement , executed by Rancho Del Rey
Partnership, a general partnership
dated the 21st day of September , 19 88 , 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
accepted and dedicated to the public use for street and highway
r--poses by the City of Chula Vista.~
BE IT FURTHER RESOLVED that said real property is hereby
officially named RANCHO DEL REY PARKWAY and AVENIDA DEL REY
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula Vista be,.and she is hereby authorized to record said grant
deed in the office of the San Diego County Recorder.
Presented by A
..
Jo~'P. Lippi~, ~i~ect~r of Ruth M. Fritsch, Deputy City
P ic Works Attorney
Form
Re .
0894
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHL A VISTA, CALIFORNIA, this 14th d(3y Of. March
~9 89 , by the following vote, to-wit:
AYES: Councilmembers McCandl~-ss, Nader, Malcolm, Moore
NAYES: Counci 1 members i~one
ABSTAIN: Counci linetubers
ABSENT: Councilmembers cox
~~fhe City o~ulo Visfo
ST~ OF CALIFORNIA )
SOUNTY OF SAN DIEGO ) ss,
;fly OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio,
)O HEREBY CERTIFY thor the obove ond foregoing is o full, true ond correct copy of
RESOLUTION N0. 14007 ,ond fhot the some hos not been oreended or repeoled
)ATED
:C-660
:... " 0895
.. 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)
AHD WHEREAS, HOME FEDERAL SAVINGS & LOAN ASSOCIATION
is hereinafter known as the BENEFICIARY; and HOME FEDERAL SAVINGS & LOAN ASSOCIATION
is hereinafter known as the TRUSTEE as of the date of this instrument under
that certain deed of trust executed by RANCliO DEL REY PARTNERSHIF
tO secure (a) note for ($2,843,000.00)
with interest dated February 1{), 1989 and recorded Fet~ruary 23, 1989
in Official Records of the San Diego County Recorder, covering the property
here~nabove described, as Instrument No. 89-093789 o£ o££ictal Records.
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.
HOME FEDEtL~L SAVINGS & HOME F~INGS &'
LOAJq ASSOCIATION LO/~N ASSOCIATION
AS TRUSTEE: AS BENEFICIARY:
L
/4//>6' 7
~,,, ~,. ,,,o. ,,,,,,,,o,:,~u 8 9 6 ·
,o ,9~.cA ,9-.., ~ TICOR TITLE INSURANCE
(Corporation as a Partner of a Partnership) '-
STATE OF CALIFORNIA
COUNTY OF ,~/~Aft D/~'gZ:2)
on ,A~/d. rd-~ _~./~2d~ before me, the undersigned, a Notary eublic in and for
said State, personally appeared ' F/i::~-,~ ~'/c49,5 e-/"'
personally known to me or proved to me on the basis of satisfactory evidence o be the erson vho executed ' ,.' .'
__ ~ p~'rson~ly k. own to me o~ pro~d to me on~ ~as~ o~ sa i~faCtory ~vid
-~' ..i
ra te w~ L~strument on ..~et.~/i/,t '
· ~ ~ OFFIC:!ALSr-AL ' .
the partnership ~hat executed PATRICIA URBINA -
the within instrument, and acknowledged to me that such
NOTARY ~UBLIC C;,LIFORNIA
corporation executed the same as such partner and that Principal Office in Saa Diego County
such partnership executed the same. rn~io~ ' .
WITNESS my hand and official seal. ,.~"i"..'".".'".".",.~,".".,'~".'".'.
Signature C~~ ~t~ ~ (This area for official notarial seal)
'-/, //~n 7
,. . 0897 "
SUBORD I NATI ON A6REEMENT
WHE~EA$, the owner of that certain property hereinafter described has 9ranted
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)
AHD WHEREAS, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION, a Corporation
iS hereinafter known as the BENEFICIARY; and HOME FEDERAL SAVINGS & I,OA2q ASSOCIATION, a **
is hereinafter known as the TRUSTEE as of the date of this instrument under
that certain deed of trust executed by RANCHO DEL HEY PARTNERSHIP, a California general
to secure (a) note(s) for $11,324,000 and $7,640,000 respectively partnershiy
with interest dated July 5, 1988 and recorded July 21, 1988 as fp 88-354442 &
in Official Records of the San Diego County Recorder. covering the property 88-354443
here~nabove described, as Instrument No. 88-354442 and 8&-354443 respectively
** corporation
AND 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.
IN WITNESS WHEREOF, the BENEFICIARY and the TRUSTEE have caused this
instrument to be executed this/~-d!~ day of 5tdZ~ , 19~8.
AS TRUSTEE: AS BENEFICIARY:
HOME FEDERAL SAVINGS AND LOAN HOME FEDERAL SAVINGS AND LOAN ASSOCIATION,
A~SOCIATION, a corporation a corporation
~C'2435E , ,/ ("~4'-" ~ /
i
t
(::AT, NO, NN00636
0898
(CorporationPartner of hrr. nership)
· TICOR TITLe INSUFIANCE
; STATE OF CALIFOI~NIA
' COUNTY OF SAN DIEGO ss.
' o~, 0bet I"qI I q ~t ? before me, the undersi ned, a Notary Public in and for
T
'; uid State, personally appeaxed S EVEN R. PEk~
~ pe,-~ona21y known to me or proved to me on the basis of satisfactory evidence to be the person who executed
i .,daewithLnLnstrumentasthe PROJECT NANAGER ~i~tvr~,and JOHN D. O'BRYAN
: personally known to me or proved to me on the b~sjs of satisfactory evidence
'. ,~o be the erson who executed the within ~strument as the TREASURER S~r~y of
: · H~blE CAPITAL CORPORATION '
: ~c corporazion that executed the wkhln insu-uxnent on
ba~of RANCHO DFI RFY ' *' '...'.:'.:,"~' :~'' ' *''' ' ':' '
the within insua-umcnt, and acknowledged to mc that such ' A
~ ~ '1 N01ARY PUBLIO -CALIFORNIA
corporation executed the sa~,ne ~s such pLruacr and that i ~ ~ ~ 03
such pan:nershi? execut:d the samc.
W1TNESS my hand and official seal
~-/~Z -'(/ ' ' ...... "': ....... L...
=.- "' ' 0899
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, HOME FEDERAL SAVINGS & LOAN ASSOCIATION
iS hereinafter known as the BENEFICIARY; and HOME FEDERAL SAVINGS & 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 REY PARTNERSHIP
to secure (a) note for ($ 4,540,000.00 )
with interest dated February lb, 1989 and recorded February 23, 1989
in Official Records of the San Diego County Recorder, covering the property
here~nabove described, as Instrument No. 89-093788 of Official Records.
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.
HOME FEDERAL SAVINGS & HOME FE~NGS ~ 19/f.
LOAN ASSOCIATION LOAN ASSOCIATION
AS TRUSTEE: AS BENEFICIARY:
WPC 2435E
L
0900
CAT. NO. NN00636
TO 1954 CA (9--84) billj
<Corporation as a Partner of a Partnership) ~ TICOR TITLE INSURANCE
STATE OF CALIFORNIA }
COUNTY OF ,5,/~/V DIG g ~
.... personally known m me or proved to me o the b~si
Fi~
of
to be the person wh~xec ted t within instrument ~ the - I
the corporation at e e uted he vit ' ins rument on
the partnerhip t~at executed OFFICIALSEAL
the within instrument, and acknowledged to me that such PATRICIA URBINA
corporation executed the same as such parmer and that ~ABY PUBLIC CALIF~NIA
such pa~nership executed the same. Pfi,cipal ~i~
WITNESS my hand and official se~. C~gi~ E~ Oec. ~, 199
....
Signature (This area for offici~ not~ ~)
..... 0901
WEEN .RECORDED, PT.~,ASE MAIL
THIS INSTRUMENT TO:
City Clerk
City of Chula Vista
P. O. Box 1087
· Chu!a Vista, CA 92012
· NO TRANSFER TAX DUE' ': ~: ' "' ' : ' ....
..... ': ' 'SPACE ABOVE FOR RECORDER'S USE ONLY
.. ....... ,. =, :.
Assessor' s Parcel ' ' ...... -" :"": ' '" " ' :
No.
Easement for Street Purposes
Ranch6 Del Rey Partnership, a general-partnership,
do(es) hereby grant, convey and dedicate to the CITY OF CHULAVISTA, '
State of California, the right of way and incidents thereto for a public
street upon, over and across that certain real property in the City of
Chula Vista, County of San Diego, State of California, described as
follows:
SEE EXHIBIT "A" ATTACHED
PW-E-77
0902
The Grantor hereby further grants to the City of Chula Vista the privilege'
and right to extend drainage structures and excavation and embankment Slopes
beyond the limits of the herein described right-of-way where required for
the construction and maintenance of said public street. RESERVING unto
grantor of the above described parcel of land, his successors or assigns,
the right to eliminate such slopes and/or drainage structures or portions
thereof, when in the written opinion of the City Engineer of Grantee, the
necessity therefore is .removed by substituting other protection, support
and/or drainage facility, provided such substitution is first approved in
writing by said City Engineer.
The Grantor hereby further grants to Grantee all trees, growths (growing
or that may hereafter grow), and road building materials within said
right-of-way, including the right to take water, together with the right
to use the same in such manner and at such locations as said Grantee may
deem proper, needful or necessary, in the construction, reconstruction,
improvement or maintenance of said public street.
The Grantor, for himself, his successors and assigns, hereby waives_any
claim for any and all damages to Grantor's remaining property contiguous
to the right-of-way hereby conveyed by reason of the location, construction,
landscaping or maintenance of said public street.
Dated this 21st day of SEPTEMBER , 1988__
By: RANCH0~EL RF¥ PARTNERSHIP
A CALI FORN IA GENERAL PARTNERSHI P
By:
STATE OF CALIFORNIA ) By: '
../,
SS
COUNTY OF ) By: V*~'~-
~the undersigned, a Notary Public in and By: ..
for said State, personally appeared
Name (Typed or Printed)
-... STATE OF CALIFORNIA )
) ss. 0903
COUNTY OF SAN DIEGO )
On f, hts 21st , day of SEPTEMBER , 19,,,88, before
~e, JOYCE A. BENi~FIELD , a No=al7 Public An and for.
said s~a~e, personally appeared vIR~ F F~I~TT ,
personally ~o~ ~o ......... ' ...... -~_ ~__ a _ _, -
SENIOR VICE PRESIDENT 8~Te~ ~f ~l~tlM COMMUNITIES, INC.
coloration ~a~ execu=ed ~e wi~in insolent, ~o~
be ~e persons who exerted ~e wi~ln ins~en~ on behalf of
~e said contagion, said co~ra~ion ~ing ~o~ ~o me ~o be
one of ~e general ~ners of RANCHO OEL REY PARTNERSHIP '
~e general ~mershtp ~a~ executed ~e wt~ln lne~en~, ~d
ac~owledged =o me ~E such co~ra=~on exerted ~e s~e as
such pamer ~d ~ such ~mership exerted ~e s~e.
~~S ~ Mnd and ~fflclal seal.
m - FO~'I :'
CAT. NO. NN00635
TO 1954 CA (9-84)
(CorDomdon ~s z Pro-crier of z Pzrmership)
· TICOR TITLE INSURANCE
p~n y holm to mc or prOVed to me on ~c b~ of sa~faao~ c~dcnce to be ~c pcmon who cxc~tc~
~c ~t~ ~cn~ ~d ac~owlcdgcd to me ~ such ANNAgEL LsE~A
~%qTN SS h d d f~ ~
2_/df~O 7 '
FORM ~68 DAWCO PRrS6
RICK ENGINEERING COMPANY I
AND CIVIL ENGINEI~RS
5620 FRIARS ROAD · SAN DIEGO. CALIF, 92110-2596
'~cLEPHONE · AREA CODE 619 · 291-0707
10296 Rancho Del Rey - Street Dedication CNK'D. ~ Aug 18,198 lo~3
EXHIBIT "A"
All those portions of Quarter Section 34,35,44 and_45 of Rancho
· De La Nacion, in the City of Chula Vista, County of San Diego,
State of California, according to Map thereof Number 166 on file
in the Office of the County Recorder of said County, described as
follows:
PARCEL 1
Beginning at San Diego County Horizontal Control Point "STA 232",
having California Coordinates (ZONE 6,1927) values North
175933.719 and East 1765391.318; thence South 49°25'47'' East
811.24 feet to the TRUE POINT OF BEGINNING; thence South
59°26'05'' West 84.00 feet to the beginning of a nontangent 458.00
foo't radius curve concave Southwesterly, to which a radial line
bears North 59°26'05" East; thence Northwesterly along the arc of
said curve through a central angle of 43°32'14" a distance of
348.02 feet; thence tangent to said curve North 74o06'09" West
1665.86 feet to the beginning of a tangent 1958.00 foot radius
curve concave Southwesterly; thence Northwesterly along the arc
of said curve through a central angle of 00°16'41'' a distance of
9.50 feet; thence tangent to said curve North 74°22'50'' West
108.54 feet to a point hereinafter described as "Point "A"";
thence North 15°37'10'' East 84.00 feet; thence South 74o22'50"
East 108.54 feet to the beginning of a tangent 2042.00 foot
radius curve concave Southwesterly; thence Southeasterly along
the arc of said curve through a central angle of 00°16'41" a
distance of 9.91 feet; thence tangent to said curve South
74°06'09" East 591.43 feet to a point hereinafter described as
"P~oint "B"; thence continuing along said line South 74°06'09"
E'ast 1074.43 feet to the beginning of a tangent 542.00 foot
radius curve concave Southwesterly; thence Southeasterly along
the arc of said curve through a central angle of 43°32'14" a
distance of 411.85 feet to the TRUE POINT OF BEGINNING.
AREA 4. 174 ACRES
7
TITLE CO. J COMPANy I DESCRIPTION t REVISIFNS
,E~,ENCE I O,OERNO. I o,~E sY OAT~
· " ' 0905,
., ·
'FORM 468 OAWCO PRE*a5
R!(:!( ENGINEERING COMPANY I LT,,..s
AND CIVIL ENGINEERS
5620 FRIARS ROAD · SAN OIEGO. CALIF. 92110-2596
TeLEpHONE · AREA CODE 619 · 291-0707
10296 Rancho Del ReX - Street Dedication CHK'O. ,,<~'~{~.7" .18,198~ 2oF 3
PARCEL 2
Beginning at said "Point B" described in Parcel 1 above; thence
North 74 °06'09" West 124.00 feet to a point of cusp with a
tangent 20.00 foot radius curve concave Northwesterly; thence
Northeasterly along the arc of said curve through a central angle
of 90°00'00'' a distance of 31.42 feet; thence tangent to said
curve North 15°53'51" East 128.69 feet to the beginning of a
tangent 542.00 foot radius curve concave Southeasterly ; thence
Northeasterly along the arc of said curve through a central angle
of 19°48'23'' a distance of 187.36 feet; thence tangent to said
curve North 35°42'14" East 221.60 feet to the beginning of a
tangent 458.00 foot radius curve concave Northwesterly; thence
Northeasterly along the arc of said curve through a central angle
of 45°57'24" a distance of 367.36 feet; thence tangent to said
curve North 10°15'10'' West 276.80 feet to the beginning of a
tangent 542.00 foot radius curve concave Southeasterly; thence
Northeasterly along the arc of said curve through a central angle
of 21°05'38'' a distance of 199.54 feet; thence tangent to said
curve North 10°50'28'' East 72.61 feet to the beginning of a
tangent 20.00 foot radius curve concave Southwesterly; thence
Northeasterly along the arc of said curve through a central angle
of 84°36'46'' a distance of 29.54 feet; thence South 82°10'15''
East 122.29 feet to the beginning of a nontangent 20.00 foot
radius curve concave Southeasterly, to which a radial line bears
North 10°50'28" East; thence Southeasterly along the arc of said
curve through a central angle of 90°00'00" a distance of 31.42
feet; thence South 10 °50'28'' West 78.94 feet to the beginning of
a tangent 458.00 foot radius curve concave Southeasterly; thence
Southwesterly along the arc of said curve through a central angle
.,of 21°05'38'' a distance of 168.62 feet; thence tangent to said
curve South 10°15'10" East 276.80 feet to the beginning of a
tangent 542.00 foot radius curve concave Northwesterly; thence
Southwesterly along the arc of said curve through a central angle
of 45°57'24'' a distance of 434.74 feet; thence tangent to said
curve South 35°42'14" West 221.60 feet to the beginning of a
tangent 458.00 foot radius curve concave concave Southeasterly;
thence Southwesterly along the arc of said curve through a
central angle of 19°48'23'' a distance of 158.32 feet; thence
tangent to said curve South 15°53'51'' West 128.69 feet to the
beginning of a tangent 20.00 foot radius curve concave
Northeasterly; thence Southeasterly along the arc of said curve
through a central angle of 90°00'00" a distance of 31.42 feet to
the Point of Beginning.
AREA 2.902 ACRES
COMPANy DESCRIPTION REV| S IONS
TITLE CO. BY I DATE
REFERENCE ORDER NO, I DATE
0906 '
RICK
AN0 CIVIL ENGINEERS
5620 FRIARS ROAD · SAN OIEGO. CALIF. 92110-2596
· =LEPHONE · AREA CODE 619 * 291-O707
PARCEL 3
Beginning at said "Point A"; thence North 74°22'50'' West 948.83
feet; thence North 15°37'10'' East 84.00 feet; thence South
74°22'50'' East 948.83 feet; thence South 15~37'10'' West 84.00
feet to the Point of Beginning.
AREA 1.830 ACRES
THE BASIS OF BEARINGS FOR THESE DESCRIPTIONS IS THE CALIFORNIA
COORDINATE SYSTEM ZONE 6, (1927).
" Robert G. Schoettmer L.S. 4324
RS: t~mp
TITLE CO. I BY r DATE
REFERENCE DATE