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HomeMy WebLinkAboutReso 1988-13568 ,~ 1923 RECORDING REQUESTED BY .-. 8 8 2 '3 8 5 3 O :OR ?I,T;:E INSU~NCE COMPANY OF CALIFORNIA ~ ........_. RECO DED TO: CITY OF CHULA VISTA 27r ')URTH AVE. RESOLUTION NO. 13568 ~. ~ox lo~7 CHULA VISTA, CA 92012 //~V~F RESOr. OTION OF TUE CIT~ COONCIn OF T.~. CI CHULA VISTA ACCEPTING EASEMENT FROM BONITA POINT PLAZA FOR STREET TREE PURPOSES ALONG THE NORTHWEST CORNER OF EAST H STREET AND OTAY LAKES ROAD 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 street tree PurPoses alon~ the NW corner of East H Street and Otay Lakes Road executed by Bonita Point Plaza. a California Limited Partnership dated the 20th day of APril , 1988_L, 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 ~~y J n P. p r of (T~gomas J.~rron, City Attorney P orks 0361a Form 320 Rev. 11-87 1924 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ,.. ,OLA VISTA, CALIFORNIA, this 17th doy of May 19 88 , by the following vote, to-wit: AYES: Councilmembers Moore, Nader, Ma'lcolm NAYES: Counci ] members None ABSTAIN: Counci ]members None ABSENT: Cound ] membe~'s cox, McCandliss y Pro tempore, City of Chn'la Vista ATTEST //" - city Clerkd FE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) ~, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Californio, DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of RESOLUTION N0. 13568 ,ond thor the some hos not been omended or repeoled. DATED~ ~/' Cit~/Cler CITY OF CHUIA VlS'I'A f ~, :.7:~ ."',:' CC-660 CI1Y OF CHULA VISTA OFFIGE OF THE GITY GLEFtK THIS IS TO CERTIFY THAT THIS INTEREST IN REAL PROPERTY CONVEYED BY DEED OR GRANT DATED April 20, 1988 FROM Sudberry Properties TO City of Chula Vista,CA A POLITICAL CORPORATION AND/OR GOVERNMENT AGENCY IS HEREBY ACCEPTED AND THE GRANTEE CONSENTS TO RECORDATION DATED May 19, 1988 276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 92010/(619) 691-5041 /y,~ ~ ~" " 1926 State of California ) ) ss. County of San Diego ) On this j~OY'/W day of .~/J/~/~ , 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 A.cELA R,,ER :' uy:?mm..E,p. May re. t98e: ~otary Public a SAFECO' TITLE INSURANCE OF CALIFORNIA COUNTY OF_ San Diego } ss On May 9, 1988 , before me, the undersigned Notary Public in and for said State, personally appeared FOR NOTARY SEAL OR STAMP Jack P. Webster and Susan Ten Eyck personally known to me 8{Y/~YsuX~J-az~STr, Ktf~Ya~~ - ' Ye~Karce to be the person(s) who executed~r within instrument as the !~' '{~ J ("¢"~Lissi0n Expires May 19, 1991 sen'zarwce Preside.ta.dasthe g~aent ~"a~X ~a ~ on behalf of the corporation therein named and acknowledged to me SAN DIEGO COUNTY that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. ~ Signature ,,~,~,,1~ ~",'f\, :'~X\~-~pG~--- , ',,~ STATE OF CALIFORNIA COUNTY OF ~ San Diego } ss On_ May 9,_ 1988 , before me, the undersigned Notary Public in and for said State, personally appeared FOR NOTARY SEAL OR STAMP Jack P, We~ and Susan Ten Eyck , _ ~ es' ent and as the ~ ~ ' '~S?~ k. that such corporation executed the within instrument pursuant to its ~JJY C0mmi~i0n Expires May 19, 1991 by-laws or a resolution of its board of directors, Signature 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, 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. Partnersb.ip to secure A note for ($2 625 000.00 ) with interest dated bruary 6, 1~87 and recorded February 18, 1987 Fe 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 M.a.y , 1988. AS TRUSTEE: AS BENEFICIARY: Union Bank, A California COrporation Union Bank, A California Corporation S~Ban I~. ?e~ ~7ck, Vice ~/eside~t Susan ~. ?en ~Tck, Vice ~e~eDt WPC 2435E -~ 1928 GR3~NT OF EASEMENT - FOR STREET TREE PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, 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 plant, maintain, replace or remove trees 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: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART THEREOF 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 N\/' hand t~'z~ this BONITA POINT PLAZA, A california Limited Partnership ~'~ · C iZ) ,_ , ce Pre~ STATE OF CALIFORNIA SS COUNTY OF SAN DIEGO On this day of , 19 , before me, , a Notary Public in and for the said County of San Diego, State of California, residing therein, duly commissioned and sworn, personally appeared , personally known to me to be the person whose name subscribed to the within instrument and he duly acknowledge( to me that he executed the ~ame. IN WITNESS WHEREOF, I have hereunto s'et my hand and affixed my official seal, at my office in the County of San Diego, the day and year in this certificate first above written. Notary Public in and for the County of San Diego, State of California 1929 File: 566.10 2L/Doc. 566.10 TPM March 24, 1988 Page 1 of 3 DIXON LEGAL DESCRIPTION FOR TREE PLANTING AND MAINTENANCE EASEMENT BEING A PORTION OF PARCEL 1 OF PARCEL MAP NO. 13311 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS: 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 03026'50" (LENGTH 18.12 FEET CENTRAL ANGLE 03°27f40" PER SAID PARCEL MAP NO. 13311); THENCE LEAVING SAID CENTERLINE AND CONTINUING ALONG SAID BOUNDARY 3. SOUTH 47°35'23" EAST 27.55 FEET TO THE TRUE POINT OF BEGINNING BEING A POINT ON THE SOUTHEASTERLY RIGHT OF WAY OF SAID RIDGEBACK ROAD, WHICH LIES ON THE ARC OF A 327.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 44°25'56'' WEST; THENCE ALONG SAID RIGHT OF WAY AND THE ARC OF SAID CURVE 4. NORTHEASTERLY 18.05 FEET THROUGH A CENTRAL ANGLE OF 03°09f27"; THENCE 5. NORTH 42024'37" EAST 45.94 FEET TO THE BEGINNING OF A 20.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE LEAVING SAID RIGHT OF WAY ALONG THE ARC OF SAID CURVE -- 1930 File: 566.10 2L/Ooc. 566.10 TPM March 24, 1988 Page 2 of 3 DIXON 6. SOUTHEASTERLY 27.93 FEET THROUGH A CENTRAL ANGLE OF 80°00'00"; THENCE 7. SOUTH 57°35'23'' EAST 834.32 FEET TO THE BEGINNING OF A 1,000.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE 8. SOUTHEASTERLY 60.55 FEET THROUGH A CENTRAL ANGLE OF 03°28'10"; THENCE 9. SOUTH 54°07~13'' EAST 154.15 FEET TO THE BEGINNING OF A 1,000.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE 10. SOUTHEASTERLY 60.77 FEET THROUGH A CENTRAL ANGLE OF 03°28'55"; THENCE 11. SOUTH 57°36'08'' EAST 24g.70 FEET TO A POINT ON A 38.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 73°31'31" EAST; THENCE ALONG THE ARC OF SAID CURVE 12. SOUTHERLY 48.73 FEET THROUGH A CENTRAL ANGLE OF 72°31'01"; THENCE IN A NON-TANGENT DIRECTION 13. SOUTH 72°05'24" WEST 13.79 FEET TO A POINT ON THE EASTERLY BOUNDARY OF PARCEL 2 OF SAID PARCEL MAP NO. 13311; THENCE ALONG SAID BOUNDARY 14. NORTH 17°54'10" WEST 6.00 FEET; THENCE 15. NORTH 72°05'24'' EAST 12.91 FEET TO THE BEGINNING A NON-TANGENT 32.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 35°23'13'' EAST; THENCE ALONG THE ARC OF SAID CURVE 16. NORTHEASTERLY 38.87 FEET THROUGH A CENTRAL ANGLE OF 68°31'28"; THENCE IN A NON-TANGENT DIRECTION 17. NORTH 57°36'08'' WEST 246.82 FEET TO THE BEGINNING OF A 1,005.50 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE 18. NORTHWESTERLY 61.11 FEET THROUGH A CENTRAL ANGLE OF 03°28'55"; THENCE 1931 Fi~e: 556.10 2L/Ooc. 556.10 TPM March 24, 1988 Page 3 of 3 DIXON 19. NORTH 54°07'13" WEST 154.15 FEET TO THE BEGINNING OF A 994.50 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE 20. NORTHWESTERLY 60.22 FEET THROUGH A CENTRAL ANGLE OF 03°28~10"; THENCE 21. NORTH 57°35'23" WEST 833.97 FEET TO THE BEGINNING OF A 12.50 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE ALONG THE ARC OF SAID CURVE 22. WESTERLY 17.45 FEET THROUGH A CENTRAL ANGLE OF 80°00'00"; THENCE 23. SOUTH 42°24'37'' WEST 47.97 FEET TO THE BEGINNING OF A 335.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE 24. SOUTHWESTERLY 18.05 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID PARCEL 1 OF PARCEL MAP NO. 13311; THENCE ALONG SAID WESTERLY BOUNDARY 25. NORTH 47~35'40'' WEST 7.51 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS SQUARE FOOT OR ACRES MORE OR LESS.