HomeMy WebLinkAboutReso 1988-13567RECORDING REQUESTED BY v ] D Z Z
TIC~R TITLE INSURANCE COMPANY OF CAUFORNIA 8 8 '2 3 8 5 2 9 (a)
~HEN RECORDED MAIL TO: !.,; ' '
~ITY OF CHULA VISTA . ~. I: '!:
276 ~v)URTH AVE.
~ BOX 10e7 !~a~ '~y 20 AM
--
2HULA VISTA, CA 92012
~SOLU?ZOH NO. Z3567 ~ FEE
~SOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VIST~ ACCEPTING~ DEDICATING ~D N~ING CERTAIN
PROPERTY IN S~ID CITY FOR ST~ET ~D HIGHWAY PU~OSES
LOCATED ~LONG THE NORTHWEST CORNER OF OT~Y L~KES RO~D
~ND E~ST "H" STREET FRO~ BONIT~ POINT PLAZ~ P~RTNERSHIP
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 Bonita Point Plaza, a
California Limited Partnership
dated the 20th day of April , 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
l_accepted and dedicated to the public use for street and highway
~urposes by the City of Chula Vista.
BE IT FURTHER RESOLVED that said real property is hereby
Officially named EAST "H" STREET and OTAY LAKES ROAD
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula Vista be,.and she is hereby authorized to record said ease-
ment in the office of the San Diego County Recorder.
Presented by Approved as to form by
pJou P. Lrkps or of ThOmas J. HS~on, City Attorney
Form 314
Rev. 6/82
1912
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
u,1ULA VISTA, CALIFORNIA, this 17th dOy of. May
19 88 , by the following vote, to-wit:
AYES: Councilmembers Moore, Malcolm, Nader
NAYES: Counci 1 members None
ABSTAIN: Councilmembers No.e
ABSENT: Counci linetubers cox, McCandZiss
~CHULA VISTA
.rE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
QTY 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 NO. Z3567 ,and/hot the some has not been amended or repealed.
DATED~
/""- Ci, ',erk{-
CrlY OF
CHULA VISTA
CC-660
CllY OF
CHULA VISTA
OFFICE OF THE CITY CLERK
THIS IS TO CERTIFY THAT THIS INTEREST IN REAL PROPERTY
CONVEYED BY DEED OR GRANT DATED April 20, 1988
FROM Bonita Point Plaza TO City of Chula Vista,CA
A POLITICAL CORPORATION AND/OR GOVERNMENT AGENCY IS
HEREBY ACCEPTED AND THE GRANTEE CONSENTS TO RECORDATION
DATED
276 FOURTH AVENUEICHULA VISTA, CALIFORNIA 92010/(619) 691-5041
,,. 1914
WItEN RECORDED, PLEASE MAI~
THIS INSTRUMENT TO:
City Clerk
City of Chula Vista
P. O. Box 1087
Chula Vista, CA 92012
NO TRANSFER TAX DUE
SPACE ABOVE FOR RECORDER'S USE ONLY
Assessor's Parcel
No. 594-130-48
Easement for Street Purposes
BONITA POINT PLAZA. A California Limited Partnership
do(es) hereby grant, convey and dedicate to the CITY OF CHULA VISTA,
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 LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART THEREOF
'W-E-77 ~
-v 1915
The Granto~ hereby further grants to the City of Chula Vista the privile~
and right to extend drainage structures and excavation and embankment s16
beyond the limits of the herein described right-of-way where required for
construction and maintenance of said public street. I{ESERVING unto
'rantor of the above described parcel of land, his successors or assigns,
the right to eliminate such slopes and/or drainage structuresor 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, constructi
landscaping or maintenance of said public street.
Dat d . day of_._
e th~s
By: Sudberry Properties, Inc., General Partner ,~ ~jl, { _ _ ;
/ / / -
OF CtLIFORNIA
COUNTY OF ) SS
State of California )
) SS.
County of San Diego )
On this ~7/~I day of ~]/:7'/i~/~ , 1988, before me,
the undersigned, a Notary Public in and for said State,
personally appeared Thomas W. Sudberry, Jr. and Jeff Bradley,
known to me to be the President, and Vice President,
respectively, of Sudberry Properties, Inc., the corporation that
executed the within instrument and known to me to be the persons
who executed the within instrument on behalf of said corporation,
said corporation being known to me to be the general partner of
Bonita Point Plaza, a California Limited Partnership, the limited
partnership that executed the within instrument, and acknowledged
to me that such partner and that such partnership executed the
same.
WITNESS my hand and official seal
OFFICIAL SEAL
~' MARCE~ R~TfER /,/?i , -,
~ Notary PubliC-California
, My ~ Notary Public
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 I'S ATTACHED)
AND WItEREAS, Union Bank, A California Corporation
is hereinafter known as the BENEFICIARY; and Union Bank, A California Corporation
is hereinafter known as the TRUSTEE as of the date of this instrument under
that certain deed of trust executed by Bonita Pointe Plaza, A California Ltd. Partnersbjp
to secure A note for ($ 2 62~ 000.00 )
with interest dated ebrua y ~, 387 and recorded February 18, 1987
F r
in Official Records of the San Diego County Recorder, covering the property
hereinabove described, as Instrument No. 87-086170 O.R.
AND WHEREAS, the BENEFICIARY affirms that they are the owners
and holdersof the hereinabove described trust deed note, and do
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 9th day of May , 19 88.
, AS TRUSTEE: AS BENEFICIARY:
Union Bank, A California COrporation Union Bank, A California Corporation
~ P/y~ebster, S~p~D'~r~e ident 2~f~P,d~ebster, Serr{6r Vi,tf p~ sident
WPC 2435E
-,, 1917
SAFECO
(~ TITLE INSURANCE
E STATE OF CALIFORNIA
° }
O ''"' ss
COUNTY OF San Die,qo
< On__~a7 9, 1988 before me, the undersigned
~ Notary Public in and for said State, personally appeared FOR NOTARY SEAL OR STAMP
r-- _.Tack P. Webster and
"~ .Sus~3_n Ten Evck
~ personally known to me oY-~Ye]:feviY',t~Ymvev'oX"7',t~eYsXa~~
F- ~ OFFICIAL SEAL
~ :Ye~T~B~:to be the person(s) who execut be within instrument as the
.3 n' or Vice President and as th
Se :L ident SeaWa.~ JENDNE M. MASON
( -- NOTARY PUBLIC - CALLFORNIA
o on behalf of the corporation therein named and acknowledged to me PR:NCIPAL OFFICE IN
c; ':~ ~'~- > SAN DIEGO COUNTY
z that such corporation executed the within instrument pursuant to its
~ by-laws or a resolution of its board of directors. My Commission Expires May 19, 1991
O ! Signature
LL
TITLE INSURANCE
STATE OF CALIFORNIA
} SS
COUNTY OF San Diego
On May 9, 1988 , before me, the u.dersig.ed
Notary Public in a.d for said State, perso. ally appeared FOR NOTARY SEAL OR STAMP
Jack P. Webster a.d
Susan Ten Eyck
personally known to me o~;~_Y,~,~YmveY~ti~K~.~l~YsMil~evcYa%K ~.~
~ OFFICIAL SEAL
~e to be the person(s) who executM e within instrument as the
' ' es'dent and as the
ident ~X ,o~ Fueuc -~ C~UFOR.~A
Sen~or V~ce Pr
~ ~? P~INCff~A[ RCE IN
OF
on behalf of the corporation therein named and acknowledged to me c~,~r~- SAN DEGO COUN~
that such corporation executed the within instrument pursuant to its My Commission E~pire5 May 19, 1991
by-laws or a resolution of its board of directors.
Signature ~ .... ~ ~ ',.~ , ,~
1 r7
File: 566.10
2L/Doc. 566 o 10 SD
March 23, 1988
Page 1 of 4 DIXON
STREET DEDICATION
FOR
BON I TA PO I NT
BEING THOSE PORTIONS OF PARCEL MAP NO. 13311 AS FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, IN THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS PARCELS 'A' AND 'B~
IN THE FOLLOWING:
PARCEL 'A'
BEGINNING AT THE MOST NORTHERLY CORNER OF THE BOUNDARY OF SAID PARCEL MAP 13311
WHICH LIES ON THE CENTERLINE OF RIDGEBACK ROAD AS DEDICATED PER DOCUMENT
RECORDED APRIL 27, 1984 AS FILE/PAGE NO. 84-156297 OF OFFICIAL RECORDS OF SAID
COUNTY; THENCE ALONG SAID BOUNDARY AND CENTERLINE
1. SOUTH 42°24'37" WEST 68.03 FEET (67.96 FEET PER SAID PARCEL MAP NO.
13311) TO THE BEGINNING OF 300.00
FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY~ THENCE ALONG THE ARC
OF SAID CURVE, BOUNDARY AND
CENTERLINE
2. SOUTHWESTERLY 18.05 FEET THROUGH A CENTRAL ANGLE OF
03°26~50" (LENGTH 18.12 FEET
CENTRAL ANGLE 03°27~40" PER SAID
PARCEL MAP NO. 13311); THENCE
LEAVING SAID CENTERLINE AND
CONTINUING ALONG SAID BOUNDARY
3. SOUTH 47035'23" EAST 27.55 FEET TO A POINT ON THE SOUTHEASTERLY
RIGHT OF WAY OF SAID RIDGEBACK
ROAD; THENCE CONTINUING
4. SOUTH 47035'40" EAST 153.40 FEET (SOUTH 47035'28" EAST 153.27' PER
SAID PARCEL MAP NO. 13311); THENCE
5. SOUTH 17°48'12" EAST 74.97 FEET; THENCE
6. NORTH 71052'33'' EAST 19.95 FEET; THENCE
7. SOUTH 17038'00" EAST 204.94 FEET; THENCE LEAVING SAID BOUNDARY
8. SOUTH 30020'00" EAST 106.83 FEET; THENCE
1919
File: 566.10
2L/Doc. 566.10 SD
March 23, 1988
Page 2 of 4
9. SOUTH 26°29'10" EAST 623.95 FEET TO A POINT ON THE NORTHWESTERLY
RIGHT OF WAY OF EAST ~H~ STREET AS
DEDICATED PER DOCUMENT RECORDED
APRIL 27, 1984 AS FILE/PAGE NO.
84-156297 OF OFFICIAL RECORDS OF
SAID COUNTY, WHICH LIES ON THE ARC
OF A 2,057.50 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY, A RADIAL TO
SAID POINT BEARS NORTH 32°49'30"
WEST; THENCE ALONG SAID RIGHT OF
WAY AND THE ARC OF SAID CURVE
10. NORTHEASTERLY 433.32 FEET THROUGH A CENTRAL ANGLE OF
12°04'00'' TO THE TRUE POINT OF
BEGINNING; THENCE
11. NORTH 69°16'51'' EAST 80.00 FEET TO THE BEGINNING OF A NON-TANGENT
2,059.00 FOOT RADIUS CURVE CONCAVE
SOUTHEBLY, A RADIAL TO SAID POINT
BEARS NORTH 18'31'54" WEST; THENCE
ALONG THE ARC OF SAID CURVE
12. EASTERLY 4.93 FEET THROUGH A CENTRAL ANGLE OF
00°08'14" TO A POINT ON THE
WESTERLY BOUNDARY OF PARCEL 2 OF
SAID PARCEL MAP NO. 13311; THENCE
13o SOUTH 18°23'16" EAST 1.50 FEET TO A POINT ON THE AFOREMENTIONED
NORTHWESTERLY RIGHT OF WAY OF EAST
'H' STREET WHICH LIES ON THE ARC OF
A 2,057.50 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY, A RADIAL TO
SAID POINT BEARS NORTH 18023'40"
WEST; THENCE ALONG SAID RIGHT OF
WAY AND THE ARC OF SAID CURVE
14. WESTERLY 84.89 FEET THROUGH A CENTRAL ANGLE OF
02'21'50" TO THE TRUE POINT OF
BEGINNING.
PARCEL 'A' CONTAINS 49 S.F. OR 0.001 ACRES MORE OR LESS.
1920
File: 566.10
2L/Doc. 566.10 SD
March 23, 1988
Page 3 of 4
PARCEL 'B'
BEGINNING AT THE MOST NORTHERLY CORNER OF THE BOUNDARY OF SAID PARCEL MAP NO.
13311 WHICH LIES ON THE CENTERLINE OF RIDGEBACK ROAD AS DEDICATED PER DOCUMENT
RECORDED APRIL 27, 1984 AS FILE/PAGE NO. 84-156297 OF OFFICIAL RECORDS OF SAID
COUNTY; THENCE ALONG THE NORTHEASTERLY BOUNDARY OF SAID PARCEL MAP NO. 13311
1. SOUTH 57°35'23'' EAST 508.77 FEET TO THE TRUE POINT OF BEGINNING;
THENCE ALONG THE RIGHT OF WAY OF
OTAY LAKES ROAD DEDICATED PER
DOCUMENT RECORDED APRIL 27, 1984 AS
FILE/PAGE NO. 84-156297 OF OFFICIAL
RECORDS OF SAID COUNTY
2. SOUTH 57°35'23" EAST 427.10 FEET; THENCE
3. SOUTH 55°17'57" EAST 135.11 FEET; THENCE
4. SOUTH 43°22'33" EAST 55.41 FEET; THENCE
5. SOUTH 57°36'08'' EAST 274.77 FEET TO A POINT ON A 40.00 FOOT RADIUS
CURVE CONCAVE WESTERLY, A RADIAL TO
SAID POINT BEARS NORTH 66°49'18"
EAST; THENCE ALONG THE ARC OF SAID
CURVE
6. SOUTHERLY 55.52 FEET THROUGH A CENTRAL ANGLE OF
79°31'35"; THENCE LEAVING THE ARC
OF SAID CURVE IN A NON-TANGENT
DIRECTION
7. SOUTH 72°057247' WEST 14.00 FEET TO A POINT ON THE EASTERLY BOUNDARY
OF PARCEL 2 OF SAID PARCEL MAP NO.
13311; THENCE
8. NORTH 17°54'10" WEST 1.50 FEET; THENCE LEAVING SAID BOUNDARY LINE
9. NORTH 72°05724'7 EAST 13.79 FEET TO A POINT ON A NON-TANGENT 38.50
FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY, A RADIAL TO SAID
POINT BEARS SOUTH 33°57'277' EAST;
THENCE ALONG THE ARC OF SAID CURVE
10. NORTHERLY 48.73 FEET THROUGH A CENTRAL ANGLE OF
72°31'01"; THENCE LEAVING THE ARC
OF SAID CURVE IN A NON-TANGENT
DIRECTION
1921
File: 566.10
2L/Doc. 566.10 SD
March 23, 1988
Page 4 of 4
11. NORTH 57°36'08'' WEST 249.70 FEET TO THE BEGINNING OF A 1,000.00 FOOT
RADIUS CURVE CONCAVE NORTHEASTERLY;
THENCE ALONG THE ARC OF SAID CURVE
12. NORTHWESTERLY 60.77 FEET THROUGH A CENTRAL ANGLE OF
03°28'55"; THENCE
13. NORTH 54°07'13" WEST 154.15 FEET TO THE BEGINNING OF A 1,000.00 FOOT
RADIUS CURVE CONCAVE SOUTHWESTERLY;
THENCE ALONG THE ARC OF SAID CURVE
14. NORTHWESTERLY 60.55 FEET THROUGH A CENTRAL ANGLE OF
03°28'10"; THENCE
15. NORTH 57°35'23" WEST 834.32 FEET TO THE BEGINNING OF A 20.00 FOOT
RADIUS CURVE CONCAVE SOUTHERLY;
THENCE ALONG THE ARC OF SAID CURVE
16. WESTERLY 27.93 FEET THROUGH A CENTRAL ANGLE OF
80°00'00" TO A POINT OF CUSP WITH
THE SOUTHEASTERLY RIGHT OF WAY OF
THE AFOREMENTIONED RIDGEBACK ROAD;
THENCE ALONG SAID RIGHT OF WAY
17. NORTH 42°24'37" EAST 5.08 FEET TO THE BEGINNING OF A 20.00 FOOT
RADIUS CURVE CONCAVE SOUTHERLY;
THENCE ALONG THE ARC OF SAID CURVE
LEAVING SAID RIGHT OF WAY
18. EASTERLY 27.93 FEET THROUGH A CENTRAL ANGLE OF
80°00'00"; THENCE
19. SOUTH 57°35'23'' EAST 215.00 FEET; THENCE
20. SOUTH 58°44'0g'' EAST 250.00 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 'B' CONTAINS 10,804 S.Fo OR 0.248 ACRES MORE OR LESS.