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Home My WebLink AboutReso 1988-13572 RECORDING REQUESTED BY 8 8 2 3 8 5 3 h: < f~ flCOR 1A'I,E IN,SIIRANC~ C0~.~PANY OF CALIFORN,~ ,, 't 9 ? 4 /'"":~,!, ,-:;::,, -, CITY OF CHULA VISTA ... 276 FOURTH AVE. 7. O. BOX 1087 "'""" - CHUZ.,~ VISTA, CA 92012 EESOLUTION NO. 13572 RESOLUTIOH OF THE C"rT¥ COUNCIL OF TH'R. CITY OF CHULA VISTA ACCEPTZHC GRANT DEEDS TO CSRTAZN REAL PROPERTY FROM ~O FEE BONITA POINT PLAZA PARTNERSHIP AND EL RANCHO DEL REY PARTNERSHIP FOR TRAFFIC CONTROL EASEMENTS FOR BONITA POINT SHOPPING CENTER The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that those certain grants of real property, made by grant deeds exeduted by BONITA POINT PLAZA PARTNERSHIP and EL RANCHO DEL REY PARTNERSHIP copies of which are attached hereto and by this reference made a part hereof, the same as though fully set forth herein be, and the same are hereby accepted by the City of Chula Vista for traffic control ease- ments for Bonita Point Shopping Center located at the northwest corner of'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 grant deeds in the office of the San Diego County Recorder. Presented by Approved as 'to form by Worn~- , Public Form No. 322 (a) 7-82 1975 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ~.,-fULA VISTA, CALIFORNIA, this 17th doy of May 19 88 , by the following vote, to-wit: AYES: Councilmembers Moore, Nader, Malcolm NAYES: Counci ] members None ABSTAI N: Counc i ] members None ABSENT: Counci ] members cox, McCandliss ~of Chula Vista ///'~ ci,y cl~rk '-"/J ,TE 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. 13572 ,ond thor the some hos not been omended or repeoled. DATED ~-' _ CIIY OF CHULA VISTA CC-660 1976 ' WHEN RECORDED MAIL TO: City of Chula Vista 276 Fourth Avenue P.O. Box 1087 Chula Vista, CA 92012 TRAFFIC CONTROL EASEMENT WHEREAS, Bonita Point Plaza~ a California Limited Partnership hereinafter called the Grantors, are the owners in fee, or have an interest in that certain parcel of land, hereinafter c~lled "said premises," situated in the City of Chula Vista, hereinafter called "the City," County of San Diego, State of California, more particularly described as follows: See legal ~escription attached. 1978 State of California ) ) SS. County of San Diego ) On this ~2~7~ day of ~/~!~ , 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 ,:: T Notary Public SAN DLGO COUN Y "" .... Comm. Exp. May FOR A VALUABLE CONSIDERATION, receipt ot wn,c, ........ s -- BONITA POINT PLAZA partnershi organized under the laws of the State of Ca] i f0rni a a limited City of ~ula Vista hereby GRANTS to the the following described real property in the City of Chul a Vista }8=, CI'IY OF CHUIA 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 THEREOF BY ITS DULY AUTHORIZED OFFICER. 276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA e2010/(619) 691-504t 1980 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 BEHEFICIAR¥; and Union Bank, A California Corporation is herein~fter 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.il to secure A note for ($ 2 62 with interest dated e ruary ~, 387 and recorded February 18, 1987 Fb 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 BE[IEFICIARY: Union Bank, A California COrporation Uni__O_n__B__aA~k~, California Corporation WPC 2435E ,1981 SAFECO TITLE INSURANCE 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. Webster and Susan Ten Eyck -.,v-~--~-~-, - personally known to me o~:~'D]~:Z~l~7~'tY,~:~,,-~L~Zs,~YoY~ I ~' OFfiCIAl SEAL ~e to be the person(s) who execut~ e within instrument as the that such corporation executed the within instrument pursuant to its My (~O~E:i3S~0Ef EXS'.[e2 ~¢}a'j i9, t991 by-laws or a resolution of its board of directors. Signature ~,~,~¢ .... h~ SAFECO TITLE INSURANCE 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. Webster and Susan Ten Evck personally known to me ZcXl~e~}{a(~Te~Ya~ve~7o)(~iliXe~ X~ge~e to be the person(s) who executed within instrument as the I ~'?~:~) CiFFiC;IAL SEAL s t Lv, tr3,_ President and as the Sec tary on behalf of the corporation therein named and acknowledged to me that such corporation executed the within instrument pursuant to its ~'~'~ SA:,~ Oi:GO COUNT'/ by-laws or a resolution of its board of directors. ~3y COmmtSSi0n Expires May 19, !991 Signature %.,, -- ~ ~ --:- "'~ I"-, :'~A\ r, :~- r,,) 1982 File: 566.10 2L/Doc. 566.10 TE April 15, 1988 Page 1 of 2 DIXON LEGAL DESCRIPTION FOR TRAFFIC CONTROL EASEMENT ON-SITE BEING A PORTION OF PARCEL 1 OF PARCEL MAP NO. 13311 AND A PORTION OF PARCEL MAP NO. 10728 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS PARCELS 'A' AND "B' AS FOLLOWS: PARCEL 'A' BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF THE BOUNDARY OF SAID PARCEL MAP NO. 13311i THENCE ALONG SAID BOUNDARY 1. NORTH 56°12'34" EAST 21.37 FEET TO THE BEGINNING OF A 2,050.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE ALONG SAID BOUNDARY AND ALONG THE ARC OF SAID CURVE 2. NORTHEASTERLY 33.71 FEET THROUGH A CENTRAL ANGLE OF 00°56'32"; THENCE LEAVING SAID BOUNDARY IN A NON-TANGENT DIRECTION 3. NORTH 26°29'10" WEST 7.55 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING 4. NORTH 26°29'10" WEST 65.00 FEET; THENCE 5. NORTH 63o30'50" EAST 17.00 FEET; THENCE 6. SOUTH 26°29'10" EAST 50.62 FEET TO A POINT ON A 2,070.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH 32018'48" WEST; THENCE ALONG THE ARC OF SAID CURVE 7. NORTHEASTERLY 30.00 FEET THROUGH A CENTRAL ANGLE OF 00°49'49"; THENCE IN A NON-TANGENT DIRECTION 8. SOUTH 57047'56" EAST 13.96 FEET TO A POINT ON A 2,057.50 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH 31°18'39'' WEST; THENCE ALONG THE ARC OF SAID CURVE File: 566.10 2L/Doc. 566.10 TE April 15, 1988 Page 2 of 2 DIXON 9. SOUTHWESTERLY 54.38 FEET THROUGH A CENTRAL ANGLE OF 01°30'51" TO THE TRUE POINT OF BEGINNING PARCEL 'B' 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 THE BOUNDARY t. SOUTH 57035'23" EAST 661.92 FEET; THENCE LEAVING SAID BOUNDARY 2. SOUTH 32024'37" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE 3. SOUTH 57°35'23" EAST 110.00 FEET; THENCE 4. SOUTH 86°52'21'' WEST 17.20 FEET; THENCE 5. SOUTH 32°24'37" WEST 56,00 FEET; THENCE 6. NORTH 57°35'23'' WEST 40.00 FEET; THENCE 7. NORTH 32°24'37" EAST 54.00 FEET; THENCE 8. NORTH 57°35'23'' WEST 26.00 FEET; THENCE 9. NORTH 31001'29" WEST 13.42 FEET; THENCE 10. NORTH 57°35'23'' WEST 18.00 FEET; THENCE 11. NORTH 32024'37'' EAST 6.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.074 ACRES MORE OR LESS 1985 WHEN RECORDED MAIL TO: City of Chula Vista 276 Fourth Avenue P.O. Box 1087 Chula Vista, CA 92012 TRAFFIC CONTROL EASEMENT WHEREAS, E1 R~ncho Del Rey~ a California General partnership hereinafter called the Grantors, are the owners in fee, or.have an interest in that certain parcel of land, hereinafter called "said premises," situated in the City of Chula Vista, hereinafter called "the City," County of San Diego, State of California, more particularly described as follows: See legal description attached. RECORDING REQUESTED BY ' "" 19 8 6 AND WHEN RECORDED MAIL TO 81rrl8 / MAIL TAX STATEMENTS TO ;ity & / .SPACE ABOVE THIS LINE FOR RECORDER'S USE c,T. no. ,oo5,, Partnership Grant Deed TO 1925 CA (2--83) THIE FORM FURNISHED BY TICOR TITLE INBURER$ The undersigned grantor(s) declare(s): Documentary transfer tax is None ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ) Unincorporated area: ( ) City of , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,' E1 Rancho Del Rey Partnership a General partnership organized under the laws of the State of hereby GRANTS to the City of Chula Vista the following described real property in the City of Chul a Vista County of San Diego , State of California. STATE OF CALIFORNIA SS. COUNTY OF San Diego On, May 5. 1288 , before me, the undersigned, a Notary Public in and for said County. and State, personally appeared Virqil ~, Elli~ , known to me to be the ~eninr Vice PreSident , and Jam~ A. Beyan known to me to be the Vice President , of McMILLIN COMMUNITIES~ INC.. , the corporation that executed the within instrument and kngwn to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the partners of EL RANCHO DEL REY PARTNERSHIP , the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. (NOTARY SEAL) STATE OF CALIFORNIA COUNTY OF -~ ~,4~r SS. On inked ~S' /~ ~ , before me, the undersigned, a Notary Pu'blic ~o~ said County and State, personally appeared ~ ~. ~&~._- , known to me to be the F'~ ~I.f~,~ , and ~ ~.F~ d' o -,' kn~n to me to be the '~ _ ~~ , ~f" ~ ~ ~ , the ~orporation that'~e~ the within ~nstrument ~d known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation executed the within in~tr~en{, and ackn&ledged to me that such corporation executed the same as such partner and that such partnership executed the same. 1988 CI'iY OF CHULA VISTA OFFICE OF THE CITY CLERK THIS IS TO CERTIFY THAT THIS INTEREST IN REAL PROPERTY CONVEYED BY DEED OR GRANT DATED May 5, 1988 FROM E1 Rancho Del Rey 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. DATED May 19, 1988 .~ 276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 92010/(619) 691-5041 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 and Loan Association, A Corporation iS hereinafter known as the BENEFICIARY; and Home Federal Savings and Loan Assoc., A Corp. is hereinafter known as the TRUSTEE as of the date of this instrument under that certain deed of trust executed by Et Rancho Del Rey Partnership, A General Partnership to secure A note for ($ 21,600,000.00 ) with interest dated May 27, 1986 and recorded June ~i, 1986 in Official Records of the San Diego County Recorder, covering the property hereinabove described, as Instrument No. 86-232852 O.R. AND WHEREAS, the BENEFICIARY affirms that they are the owne~ ana holde~ of 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. instrument to be executed this /T~~ day of ... J(/~ , AS TRUSTEE: AS BENEFICIARY: Home Federal Savings and Loan Association, ~Ome Federal ~avings and ..Lfan Association, A Corporatio~ ~ Corporati~od '; ~ i ~/2435E ' Y ~ / ~AT, NO. NN00636 -~o,~,~,,~-~,, ~(j ~ 1990 ' (Corporation as a Partner of a Partnership)J TICOR TITL~ INSURANC~ ~i~ . Qk'(, ?~r / , before , / u dersigned, a Notary Public in and for the partnership th~ executed ~e ~thin inst~ment, and acknowledged to me that such [: :;":7~ ~~"~V~i~L S~L ""'~~ corporation executed ~e s~e $ such p~er ud that ~3~ ....': ~ '[~ ' ,, ' ' ,.~ ~ ~ s~ch pa~nership executed the same. ~' ~ t~r~ C WITNESS my hand and official seal. inc~pa/Gffice n San D~ego Coumy i ~ofi'~;,%"L~;°-%~%_(t(JTITLt[ INSURANCE , <~o,~o.tin. as~Pa--ne~o~ apa=ership>~ TICOR !'~ STATE OF CALIFO NIA ' } ,- ,,~ ~~?j~, a Notary Public in and for coloration executed ~e same as such pa~er and ~ ~ Si~ature {~his ~ea for o~d~ no~ File: 566.00 Doc.: 566.00/LEGAL April 19, 1988 Page 1 of 2 DERRICK LEGAL DESCRIPTION FOR TRAFFIC EASEMENT SIGNAL MAINTENANCE AND CONSTRUCTION i. BEING A PORTION OF PARCEL 1 ACCORDING TO PARCEL MAP THEREOF NO. 13311 ON FILE ~ IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, IN THE CITY OF CHULA ~ VISTA, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ~,~ PARCEL "A" BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL 1, SAID POINT BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF EAST "H" STREET AS SHOWN ON SAID PARCEL MAP NO. 13311; THENCE ALONG SA I D R I GHT-OF-WAY 1. NORTH 56°12~34'' EAST 21.40 FEET (21.37 FEET PER PARCEL MAP NO. 13311) TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY. 2. NORTH 17°38'10" EAST 48.07 FEET; THENCE 3. SOUTH 26°29'10" EAST 30.50 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF SAID EAST "H" STREET, A RADIAL TO SAID POINT BEARS NORTH 32°50'54" WEST, SAID POINT ALSO BEING ON THE ARC OF A 2050.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE 4. SOUTHWESTERLY 33.7| FEET THROUGH A CENTRAL ANGLE OF 0°56'32" TO THE TRUE POINT OF BEGINNING. CONTAINS 0,012 ACRES MORE OR LESS. l' POTION OF L'~q~~ -~ 1992 PARCEL J ~ ~XL 8 · ~,, , ~ . ~ :yorac' ~ ~7 r, ' ' ... , . , ,, . , J . .. .,~,(~ i~ ~ I I ~ M57"3~ '5 ?"E ,, LEGEWD .... ~MD CO~TBUCTION PRODUCT DESIGN CO~TAN~ d.N. ~.t0 ~ TITLE~m ~ 'ogkw~ ~:R.F TRAFFIC EASEMENT FOB 51GNAL MAINTE~CE ' ~gD CON~TRUCTIOH AT OTAY LAKE~ ROAD ~' pA~: 4-eo-88 ~MD 9HOPPIW~ CENTER DRIVEWAY