HomeMy WebLinkAboutReso 1988-13570 1ECORDINO REQUESTED
TICOR TITLE t:'iSt)P~'~''qr CF~".~PANY 01:CALIFORNIA 19 5 08 8 2 3 8 5 3 2
WHEN RECORDED MAIL TO: /
2 16 FOURTH AVE.
P . BOX 1087 RESOLUTION NO. 13570 1988 )!,'I¥ 20 AM i~: 24
Ch~.~A VISTA, CA 92012
//~-'~/~2~/ RESOLUTZON O~ THE CIT~ COU~CZL O~ THE CZTY O~ L:;~2"-i~'/~/
CHULA VISTA ACCEPTING EASEMENT FROM BONITA POINT
PLAZA PARTNERSHIP FOR BIKEWAY PURPOSES FOR BONITA
POINT SHOPPING CENTER
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
bikeway purposes for Bonita Point Shopping Center
executed by Bonita Point Plaza, a California Limited Partnership
dated the 20th day of April , 198 8 , a copy of which is
attached hereto and b~ 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 Approved as to form by
0361a
Form 320
Rev. 11-87
1951
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
,,. ,OLA VISTA, CALIFORNIA, this 17Oh day of May
19 86 , by the following vote, to-wit:
AYES: Councilmembers Moore, Nader, Maicoim
NAYES: Counci] membe~'s None
ABSTAIN: Councilmembers None
ABSENT: Counci ]membe~'s cox, McCandi-iss
r PRO TEMPORE, CITY OF CHULA VISTA
ATTEST ~ ~~/Z/~ ~
' City Cl~rk' ~/
rE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio,
DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of
RESOLUTION N0. 13570 ,ond thor the some hos not been omentied or repeoled
DATED;~~~~--
~' City' C erk--~ ~;z
CIIY OF
CHU VI A
CC-660
,- 1952
GRANT OF EASEMENT - FOR BIKEWAY PURPOSES
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the
lundersigned 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, replace, remove, or modify a public bikeway 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 proposes above set forth.
PLAZA a Californza Lzm~t d P , %/~f~f , y
...... v~ ce Pre81den
On this day of 19 , before me
', a Notary Public in and for s~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 acknowledgedT~me that __he __executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,
at my office in the County of San Diego, the Gay and year in this certificate
first above written.
Notary Public in and for the County of
San Diego, State of California
1953
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. Partnershjp
to secure A note for ($ 2 625 000.00 )
br
with interest dated Fe uary 5, 1387 and recorded February 18, 1987
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 , 1988 .
AS TRUSTEE: AS BENEFICIARY:
Union Bank, A California COrporation Union Bank, A California Corporation
State of California )
) SS.
County of San Diego )
On this ~/'/,~ day of ~/~/L- 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 coloration that
executed the within instr~ent and kno~ to me to be the persons
who executed the within instr~ent on behalf of ~aid 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
WITNESS my hand and official seal
OFFICIAL SEAL
, MARCELA R~ER , ~ ' //" .)~Z~~' L
Ot~ Public-California '
STATE OF CALIFORNIA } ss
COUNTY OF ~--~~ .....
On M' 1 , before me, the undersigned FOR NOTARY S~L OR STAMP
Nota~ Public in and for said State, personally appeared and
· o ~ the erson(s) who ex~ut~ wi~in instrument as the / ~ ~ '
on behalf of the corporation therein nard and acknowledged to me
that such corporation executed the within instrument pursuant to its My Comn]~ss~0n Expire5 [%j1sy ],9, I991
by-laws or a resolution of its board of directors.
Signature~--~~~~
STATE OF CALIFORNIA SS
COUNTY oF~,}betore me, the undersigned
On ~. 9, ]- 988 FOR NOTAR'f SEAL OR STAMP
NolarY public in and lot said State, personally appeared . and
Jack P- Webster
'~ --' OFFICIAL SEAL
personally known to me
Senior Vice president and as the ~ to me ~ 9
that
by-laws or a resolution of its board of directors.
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
THEREOF BY ITS DULY AUTHORIZED OFFICER.
276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 92010/(619) 691-5041 j~:~ -% :% </~I
1956
File: 566.10
2L/Doc. 566.10 BPE
March 23, 1988
Page 1 of 2 D I XON
LEGAL DESCRIPTION
FOR
BIKE PATH EASEMENT
BEING A PORTION OF PARCEL 1'OF PARCEL MAP NO. 13311 AND A PORTION OF PARCEL 1
OF PARCEL MAP NO. 10728 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 42024'37'' 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
CENTERL I NE
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
LEAV I NG SA I D CENTERL I NE AND
CONT I NU I NG ALONG SA I D BOUNDARY
3. SOUTH 47°35'23'' EAST 27.55 FEET TO A POINT ON THE SOUTHEASTERLY
RIGHT OF WAY OF SAID RIDGEBACK
ROAD; THENCE CONTINUING
4. SOUTH 47°35'40" EAST t53.40 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 71o52'33'' EAST 19,95 FEET; THENCE
'
7,. SOUTH 17°38'00'' EAST 204,94 FEET; THENCE LEAVING SAID BOUNDARY
8. SOUTH 30°20'00" EAST 106.83 FEET; THENCE
1957
File: 566.10
2L/Boc. 566.10 BPE
Marc~ 23, 1988
Page 2 of 2 DIXON
9. SOUTH 26°29'10" EAST 611o37 FEET TO THE TRUE POINT OF BEGINNING,
BEING A POINT ON A 2,070.00 FOOT
RADIUS CURVE CONCAVE SOUTHERLY, A
RAD I AL TO SA I D PO I NT BEARS NORTH
32°47' 12" WEST; THENCE ALONG THE
ARC OF SAID CURVE
10. EASTERLY 434.56 FEET THROUGH A CENTRAL ANGLE OF
12'01 '42"; THENCE IN A NON-TANGENT
D I RECT I ON
11. NORTH 69'17'15" EAST 80.49 FEET TO THE BEGINNING OF A NON-TANGENT
2,071.50 FOOT RADIUS CURVE CONCAVE
SOUTHERLY, A RADIAL TO SAID POINT
BEARS NORTH 18'31 ' 54" WEST; THENCE
ALONG THE ARC OF SAID CURVE
12. EASTERLY 4.96 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
ALONG SAID BOUNDARY
13. SOUTH 18°23'16'' EAST 12.50 FEET TO A POINT ON THE ARC OF A 2,071.50
FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY, A RADIAL TO SAID
POINT BEARS NORTH 18'23'40" WEST;
THENCE ALONG THE ARC OF SAID CURVE
14. WESTERLY 4.g3 FEET THROUGH A CENTRAL ANGLE OF
00*08' 14"; THENCE IN A NON-TANGENT
D I RECT I ON
15. SOUTH 6g°16'51'' WEST 80.00 FEET TO THE BEGINNING OF A 2,057.50 FOOT
RADIUS CURVE CONCAVE SOUTHERLY;
THENCE ALONG THE ARC OF SAID CURVE
|6. WESTERLY 433.32 FEET THROUGH A CENTRAL ANGLE OF
12°04'00"; THENCE IN A NON-TANGENT
D I RECT I ON
17. NORTH 26'29' 10" WEST 12.58 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINS 8,662.5g SQUARE FOOT OR 0.199 ACRES MORE OR LESS.