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HomeMy WebLinkAboutReso 1988-13779ARECORD! ;:,~,G REQUESTED BY AND ~,'~ 'm. 1_ 1 ? 9 ' ,=27('- ~/~-'~ RESOLUTION NO. 13779A Y~~Z_,,,, Y/AREs;a N OF T~E CIT~ COUNCIL OF THE CZ~ OF CHULA VISTA ACCEPTING GRANTS OF EASEMENT FROM BONITA LONG CANYON PARTNERSHIP FOR DRAINAGE PURPOSES IN LOTS 497, 498 AND 499 OF BONITA LONG CANYON, UNIT 6 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 those certain grants of easement for drainage purposes in Lots 497, 498 and 499 of Bonita Long Canyon, Unit 6 executed by Bonita Long Canyon Partnership, a California General Partnership copies of which are attached hereto and by this reference made a part hereof as though fully set forth herein, be and the same are 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 easements in the office of the San Diego County Recorder. Presented by Approve -~s to form by Form 320(a) 2887a 1180 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 20th dOy Of September 19 88 , by the following vote, to-wit: AYES: Councilmembers Malcolm, Cox, Moore, McCandliss, Nader NAYES: Counci l members None ABSTAIN: Counci lmembers None ABSENT: Counci 1 members None the City of Chulo Visto STATE 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. 13779A ,ond thor the some hos not been omended or repeoled. City Clerk 1181 GRANT'OF EASEMENT - FOR DRAINAGE PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknow- ledged, 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 construct, maintain, operate, replace, re- move, or enlarge a drain sewer and appurtenant structures 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 ATTACHED EXHIBIT 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 our hands this 15th day of Au0ust 1988 SEE ATTACHED SIGNATURE PAGE STATE OF CALIFORNIA) COUNTY OF SAN Diego) ss 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 com- missioned and sworn, personally appeared personally known to me to be the person whose name subscribed to the within instrument, and__he__duly acknowledged to me that__he__ excuted 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 day and year in this certificate first above written. Notary Public in and for the County of San Diego, State of California 1182 BONITA LONG CANYON PARTNERSHIP A CALIFORNIA GENERAL PARTNERSHIP BY: McMILLIN DEVELOPMENT, INC. A CALIFORNIA CORPORATION BY: ~/Yt,~cMi Macey llin, Jr. TITLE: President BY:Robe~tL~.jo~e?/~/'~ TITLE: Senior Vice President BY: HOME CAPITAL CORPORATION By:~~P02 ( Steven R. Penn TITLE: Proiect Manaqer BY: John D. 0 Bryan ~'~>.s~-~ : 8/15/88 1183 ) , STATE OF CALIFORNIA ) . ) SS COUNTY OF SAN DIEGO ) on , before'me, the undersigned, a Notar~Pu lic an and or said County and State, personally appea ed ~ ~. ~ ' ' . , known to me to be the Inc., the corporation that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the partners of Bonita Long ~nyon Partnership, the partnership that executed the within instr~ent, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. ~ ~ O~I~L WITNESS my hand and official seal. ~ ~M~J~D~ ~ (~AT, NO. NN00636 TO 1954 CA (9--84) aS a (Corporation p~fmerofaParmcrship) ~ TICOR TITLEINSURANCE ST.AjTE OF CALIFO}L'<IA } SS. COUNTY OF SAN DIEGO ~d State, pc only appc=cd STEVEN R. PENN pc~on~y ho~ to me or proved to me on ~ b~ of sa~faao~ eldence to be ie pe~n who exerted ~c~i~hs~ment~c PROJECT MANAGER ~,2nd JOHN D. O'BRYAN pc~on~y ~o~ to me or proved to me on ~e b~ of ~dsfa~o~ e~dence m be the croon who executed ~e ~n ~ment ~ ~e TREASURER ~ of HO~ CAPITAL CORPORATION ~ coloration ~xt cxecutcd ~e ~ ~mmcnc on beh~fof BONITA LONG CANYON ~ OFFICIAL SEAL PARTNERSHIP th= p~=~p ~z= =x=cut, d , ANNABEL L. FRANK ~e ~ ~s~en~, and ac~owledged to me ~at such ~ NOIARY PUBLIC ' CALIFORNIA ' 'h p~nc~hip exerted ~e same. jNESS my h~d ~d of~ se~. ,' S~amre tc ,, (Th~ ~e~ for of~ no~ ~) ~. ,_~ ( 1184 CI]Y OF CHULA VISTA QFFIGE OF THE GITY GLERK THIS IS TO CERTIFY T~T THIS INTEREST IN REAL PROPERTY CONVEYED BY DEED OR G~NT DATED August 15, 1988 FROM please see below TO City of Chula Vista,CA A POLITICAL CORPO~TION ~D/OR GOVERNMENT AGENCY IS HEREBY ACCEPTED ~D THE GRANTEE CONSENTS TO RECO~ATION THEREOF BY ITS DULY AUTHORIZED 0 FICER. DATED September 21, 1988 BY THIS EASEMENT IS GRANTED TO THE CITY BY THE FOLLOWING: McMillin Development , Inc. A California Corporation Home Capital Corporation, A California Corporation 276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 92010/(619) 691-5041 .:' ~ "~' ~ .,2~ EXHIBIT "A" 8 LEGAL DESCRIPTION - DRAINAGE EASEMENT PARCEL "B" THAT PORTION OF LOT 498 OF CHULA VISTA TRACT NO. 86-3, BONITA LONG CANYON UNIT NO. 6, ACCORDING TO MAP THEREOF NO. 11971, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 9, 1987, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT NO. 498, SAID CORNER BEING A COMMON CORNER WITH LOT 497 OF SAID MAP NO. 11971; THENCE A~_ONG THE LINE COMMON TO SAID LOTS 497 AND 498, NORTH 14°14'12'' WEST 10.03 FEET; THENCE LEAVING SAID COMMON LINE, NORTH 71o16'35'' EAST 84.90 FEET TO A POINT ON THE WESTERLY LINE OF THE RIGHT-OF-WAY OF CANYON RIDGE DRIVE AS DEDICATED PER SAID MAP NO. 11971; THENCE ALONG SAID WESTERLY LINE, SOUTH 14°14'12" EAST 10.03 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 498, WHICH IS A COMMON CORNER WITH LOT 499 OF SAID MAP NO. 11971; THENCE LEAVING SAID WEST- ERLY LINE OF THE RIGHT-OF-WAY OF SAID CANYON RIDGE DRIVE AND ALONG THE LINE COMMON TO SAID LOTS 498 AND 499, SOUTH 71°16'35" WEST 84.90 FEET TO THE POINT OF BEGINNING. SAID PARCEL "B" HAS AN AREA OF 0.019 ACRE, MORE OR LESS. THIS LEGAL DESCRIPTION (EXHIBIT "A") AND A SKETCH LABELED "EXHIBIT "B", ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION, WAS'PREPARED BY ME OR UNDER MY DIRECTION. ~ ~~ SIGNED: GA ~:A S~A'x~'~E 23080 "'/Y~O(~ RY LY N IP , LICENSE EXPIR TE: DECEMBER 31, 1989 JN 3177-40 ,.V.2~ ,.5.2 7 118 6 · ' , EXHIBIT "B" ~ CHAP, ARRAL ~ _DRIVE ~ '28.~ C>IU~/1/1~ T/I TFt/I ~ T 7\10. ~ ~- BOs\IIT.4 /.l Ol\lG C.~X7\I/OI\I Us,lIT 7\10. P~RC~L "C'~ = O. O I0 ~c~ VICINITY MAP PLAT TO ACCOMPANY L F..GAL DESCRIP T/ON DRAINAGE EASEMEN T /N"~T,S, 4:97~ 4.~' ,4ND 4z~ oF CI.IULA VISTA TR,4CT NO. 8G-,..-3, ~ONIT,4 /..ONG C.~NYON U~, NO. ~. 9ER MAP NO. fig?/. 1187 GRANT OF EASEMENT - FOR DRAINAGE PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknow- ledged, 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 construct, maintain, operate, replace, re- move, or enlarge a drain sewer and appurtenant structures 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 ATTACHED EXHIBIT 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 our' hands this IBth day of Auqust 1988 SEE ATTACHED SIGNATURE PAGE STATE OF CALIFORNIA) COUNTY OF SAN Diego) ss 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 com- missioned and sworn, personally appeared personally known to me to be the person whose name subscribed to the within instrument, and he duly acknowledged to me that he excuted 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 day and year in this certificate first above ~ritten. Notary Public in and for the County' of San Diego, State of California BONITA LONG CANYON PARTNERSHIP A CALIFORIIIA GENERAL PARTNERSHIP BY: McMILLIN DEVELOPMENT, INC. A CALIFORNIA CORPORATION Mace~.~cM~/llin, Jr. ' TITLE: President TITLE:Senior Vice President BY: HOME CAPITAL CORPORATION A CALIFORNIA CORPORATION BY:_/~ '//~/ /'Steven R. Penn TITLE: Project Manager BY: : , 8/~5/88 "l] 1189 CAT, NO. NN00636" TO 1954 CA (9--841 " '' 'Dondon as Partner of a Partnership) , a TICOR TITLe INSURANCe . ATE OF CALIF01~NIA } * COUNTY OF SAN DIEGO ss. On t4&ei~tx~.~T /5',/~'0F[ ' before me, thc'undcrsigncd, a Notary lh~blic in and for said Sate, pcrsona/ly appcazcd STEVEN R. PENN pcsonally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the wkhin ins~rament as the PROJECT MANAGER l~)6il~l, and JOHN D. O'BRYAN personally known to me or proved to me on the basis of satisfactory evidence to be thiO~Fo~Av~hoT~c~~Bh~=ment .as the JOHN D. O'BRYAN ~l~ttt~y of -, the corporation that executed the within instrument on the parme~ship that executed '~eMp4 OFfiCIALSEAL '. ANNABEL ~ FRANK the within instrument, and acknowledged to me that such i NOIARY PUBLIC. 'CALIFORNIA ~/r_~ , , - (' (This ~zel for of~cil noarial STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) % d _ . , before me~ the undersigned, Public in nd fo said County and State, Personally ! ' , of Development, Inc., the corporation that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporation beinq known to me to be one of the partners o~ Benira Lonq Canyon 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. WITNESS my hand and official seal. ~ Pus ~~ ~ ........... /3 22 7 Z LEGAL DESCRIPTION - DRAINAGE EASEMENT PARCEL "A" THAT PORTION OF LOT 497 OF CHULA VISTA TRACT NO. 86-3, BONITA LONG CANYON UNIT NO. 6, ACCORDING TO MAP THEREOF NO. 11971, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 9, 1987, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 498 OF SAID MAP NO. 11971, SAID CORNER BEING A COMMON CORNER WITH SAID LOT 497; THENCE ALONG THE LINE COMMON TO SAID LOTS 497 AND 498, NORTH 14°14'12'' WEST 10.03 FEET; THENCE LEAVING SAID COMMON LINE, SOUTH 71o16'35'' WEST 65.10 FEET; THENCE SOUTH 18o43'25'' EAST 14.89 FEET TO A POINT ON THE LINE COMMON TO SAID LOT 497 AND LOT "R" OF SAID MAP NO. 11971; THENCE ALONG SAID COMMON LINE, NORTH 54o53'34'' EAST 17.33 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT "R", SAID CORNER BEING COMMON TO SAID LOT 497 AND LOT 499 OF SAID M~AP NO. 11971; THENCE ALONG THE LINE COMMON TO SAID LOTS 497 AND 499, NORTH 71°16'35'' EAST 47.69 FEET TO THE POINT OF BEGINNING. SAID PARCEL "A" HAS AN AREA OF 0.016 ACRE, MORE OR LESS. THIS LEGAL DESCRIPTION (EXHIBIT "A") AND A SKETCH LABELED "EXHIBIT "B", ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION, WAS PREPARED BY ME OR UNDER MY DIRECTION. : ~: · SIGNED: ~ ~I 0 '7-j~Vb ~ LICENSE EXPI ATE: DECEMBER 31, 1989 8-1-88 ~, JN 3177-40 " ..;:,' ' 1191 when recorded mail {d The City Clerk City of Chula Vista B PO ox lOe[7 City of Chula Vista, C~ 92012 SUBORDINATION AGREEMENT MIIM, the fisher OF that certain propert9 hereinafter descril~l has granted ta the Cit9 of Chela Vista, a Itunicipal Corperation, in the Caunt9 of San DieSo. $tate of California. the penanent easetent aM right of sag. (LEC&L DESCRIPTI~ OF PROPERTY 13 f~TTKHED) (~]) ~, WELLS FARGO BANK, NATIONAL ASSOCIATION, A National Banking Association is heni~fter hmu as the BMIClAR~ a.d AF, ERICAN SECURITIES COMPANY, A Corporation exa~ ~ BONITA LONG CANYON p~nTnnnsnx , ~ c Yz o a ene~ Partnership ~a M a ~te for $4,930,000.00 da~ April 4, 1988 aM~rd~ April 27, 1988 !~t~t ~. 88-192785 ~ ~, t~ BMICI~Y affi~ tht t~ an t~ Mr a~ ~lder ~ t~ kni~ d~riM D~ ~, a~ ~n~ di~t a~ aut~ri~ ~id ~ ~ join in t~ exution ~ this i~nt. ~ ~, for a~ in co~ideration ~ tk ~fits to a~ne ~ t~ a~ d~ri~ la~ ~ a~phu ~ said esprit ~ uid Cit9 of C~la ~ista, tk u~ersig~ expreul9 s~rdi~ all right, title a~ in~t in a~ ~ t~t ~rtion ~ said prui~ knin d~cri~, cured ~ said DffD T~T. ~ t~ in~t ~ uid Cit9 ~ C~la ~ista in said ea~nt Mith t~ input t~t said s~ll k prior a~ ~rior to tk lien ~ t~ ~ ~ Tnst ~rein a~ d~rikd. 1193 .~zATE OF CALIFORNIA tSS ,UNTY OF ~ l>l~,re ,. ' ON ~ |~o ................................................ 19..b~...., before me, the ~ NOT~ undersigned, a Notary Public in and for said County and State, personally appeared .. HaTHEn J. w^n.En_gO~a..tt~_U.!..s___.c~t.~...._ea~_~-ZL----h--.-----W-----~-- ................................................. NOTAItY PUBLIC-CALIFORNIA SAN DIEGO COUNTY proved to me on the basis of satisfactory evidence to be the petsorS.... who E executed the within instrument as ...............................-q--~(---~-- ..........President, and _ ~e~ ..~._.~ ..... Secretary of the Corporation therein named, and aknow]edged to me that such Corporation executed the within instrument pursuant to its By-laws or a Resolution of its Board of EErectors. co.,o~,,o. ^~.o.,~., .o~y'~ sig~.t~ ......... ~._.'4..:.._._VV.~.~ .................................... / 1192 -'."~ VITIiSS lagRill, the BiM~FICI~RV and the TRIJSTEE ~ ~u~d this i~t~nt to ~ ex~ on this ~: AMERICAN,:tSECURITIES ]][]~flCh%qV: WELLS FARGO BANK, NATIONAL COMPANY, A California Corp' ASSOCIATION, A National ~ , Banking Association ~ISW ~ y omm~sion Exp res Ju~ 2, 1989 ~lY OF ~ DIM) SM~ PE~ RPP~RED ~6t~ ~bL~ MD : ~ihess m) hand and official seal. ~ HEATHER J. WARNER ', NOTARY pUBLIC-CALIFORNIA ' SAN DIEGO COUNTY · 'Off X jr fine , EXHIBIT "A" 1194 LEGAL DESCRIPTION - DRAINAGE EASEMENT PARCEL "A" THAT PORTION OF LOT 497 OF CHULA VISTA TRACT NO. 86-3, BONITA LONG CANYON UNIT NO. 6, ACCORDING TO MAP THEREOF NO. 11971, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 9, 1987, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 498 OF SA}D MAP NO. 11971, SAID CORNER BEING A COMMON CORNER WITH SAID LOT 497; THENCE ALONG THE LINE COMMON TO SAID LOTS 497 AND 498, NORTH 14°14'12" WEST 10.03 FEET; THENCE LEAVING SAID COMMON LINE, SOUTH 71°16'35'' WEST 65.10 FEET; THENCE SOUTH 18°43'25'' EAST 14.89 FEET TO A POINT ON THE LINE COMMON TO SAID LOT 497 AND LOT "R" OF SAID MAP NO. 11971; THENCE ALONG SAID COMMON LINE, NORTH 54°53'34'' EAST 17.33 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT "R", SAID CORNER BEING COMMON TO SAID LOT 497 AND LOT 499 OF SAID MAP NO. 11971; THENCE ALONG THE LINE COMMON TO SAID LOTS 497 AND 499, NORTH 71°16'35'' EAST 47.69 FEET TO THE POINT OF BEGINNING. SAID PARCEL "A" HAS AN AREA OF 0.016 ACRE, MORE OR LESS. THIS LEGAL DESCRIPTION (EXHIBIT "A") AND A SKETCH LABELED "EXHIBIT "B", ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION, WAS PREPARED BY ME OR UNDER MY DIRECTION. ~ ~3~~ · SIGNED: ~ ~I 0 '~V~ ~ ~ LICENSE EXPI ATE: DECEMBER 31, 1989 8-1-88 JN 3177-40 " - , 52~J 527 }1195 ' , EXHIBIT 'B ~ CHAP_ARRAL ~ pR/VE ~ -zo. ~ C>IUL A/12 TA TF?A ~ T iV~. ~ ~- ~ ~ ~ kl>17 ~AI~ 11971 ~ ~ ( Nv/./~'sE'~' ~/~o.o ' ---,~ X~ ~:,-_ {';~.,o' --- 2:-) k ~ · ' "'~/:~a'_ za' _ ~.~.~j.,,' ( ,~a~-~osrszr ~ .... INDICATES DRAInAgE 6AS6MfNTA~UI~fD (PARCEL '~ "= 0 0I~ AC.~ PARCEL "~ '~ a ~I~ AG) PLAT TO ACCOMPANY L FGAL DESGRIP T/ON .I~ceAINAGE EA SEMEN T ~.. _OT3 4 ~TANO 498 OF CNUI_A VISTA TRACTNO. dE-8~ I~ONITA LONG CANYON UNIT NO. PER MAP NO. ll~ 71. 1196 C'RANT OF EASEMENT - FOR DRAINAGE PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknow- ledged, 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 construct, maintain, operate, replace, re- move, or enlarge a drain sewer and appurtenant structures 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 EXHIBIT "A" AND EXHIBIT "B" ATTACHED 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 OUR hand S this 31st day of AUGUST 19 8~ SEE ATTACHED SIGNATURE PAGE ST~ OF CALIFORNIA) COUNT F SAN Diego) ss ~day of 19 , before me, ~ , a Notary public in and for th said County of San Diego, o te of California, residing the in, duly com- missioned and sworn, pers ally appeared excuted the same. ' ' IN WITNESS WHEREOF, I have hereunto se 'and and affixed my official seal, at my office in she County o the day and year in this Notary Public in and for the County of San Diego, State of California 1197 BONITA LONG CANYON PARTNERSHIP A CALIFORNIA GENERAL PARTNERSHIP BY: McMILLIN DEVELOPMENT, INC. A CALIFORNIA CORPORATION GENERAL PARTNER BY: TITLE: BY: HOME CAPITAL CORPORATION A CALIFORNIA CORPORATION GENERAL PARTNER T I TLE ~' .,,t>/~..T~r 8/31/88 jb 1198 .~TATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO ) On s 3/~ ay of , 19 f/, before personally known t~o= proved satisfaote ovide.ce to be the ~ ~t~ President, coloration ~a~ executed ~e within instmmen~, ~own to me ~o be ~e persons who executed the within instrument on behalf of ~e said co~oration, said co~oration being ho~ to me to be one of ~e general pa~ners of ~NITA ~NG ~YON P~TNE~HIP, ~e general pa~nership that executed ~e wi~in instmment, and ac~owledged to me ~a= such co~oration executed ~e same as such partner and tha~ such pa~nership executed the same. WI~ESS my hand and official seal. JOYCE A BSNEF!ELD ~Y PU IC CAT. NO. TO ~95~ CA (Coloration ~ a Peer of ~ Pamc5h~p) TICOR TITL INSURANCe ~d State, penonly appe~ed ~a~ je. be~e undeni~e~,a No~ ~blic in ~d for pe~on~y ~o~ to me or prov d m me n ~e b~ of ~fa~o~ ~dence ~e ~ hs~en~ ~d ac~owledged to me ~at such * ~ ANNABEL L. FRANK colonrich exerted ~e sine u ~ch p~et ~d ~at , NOTARY PUBLIC - CALIFORNIA ~ch painersVp ~e~ted ~e same. * Principal Office in San Diego County My Commission Expires feB. 23, 19~0 WITNESS my h ~d of~c~ se~. ~ ~ S~ a e ~ ~ -~ (~ ~ea for of~ no~ ~) CrlY OF CHULA VISI'A OFFICE OF THE CITY CLERK THIS IS TO CERTIFY THAT THIS INTEREST IN REAL PROPERTY CONVEYED BY DEED OR GRANT DATED August 31, 1988 FROM please see below 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 September 22, 1988 ~' ' BY ' Jennie M. Fulasz, CMC ~ THIS EASEMENT IS GRANTED FOR DRAINAGE PURPOSES BY THE FOLLOWING: McMillin Development, Inc. A California Corporation Home Capital Corporation A California Corporation EXHIBIT "A" o o LEGAL DESCRIPTION - DRAINAGE EASEMENT PARCEL "C" THAT PORTION OF LOT 499 OF CHULA VISTA TRACT NO. 86-3, BONITA LONG CANYON UNIT NO. 6, ACCORDING TO MAP THEREOF NO. 11971, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 9, 1987, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 498 OF SAID MAP NO. 11971, SAID CORNER BEING A COMMON CORNER WITH LOT 497 OF SAID MAP NO. 11971, SAID CORNER BEING ALSO ON THE NORTHERLY LINE OF SAID LOT NO. 499; THENCE ALONG SAID NORTHERLY LINE SOUTH 71°16'35'' WEST 47.69 FEET; THENCE I.RAVING SAID NORTHERLY LINE AND ALONG THE WESTERLY LINE OF SAID LOT 499 SOUTH 08°19'20'' EAST 25.55 FEET TO A POINT ON THE ARC OF A NON-TANGENT 95.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A LINE RADIAL TO SAID CURVE THROUGH SAID POINT BEARS NORTH 61°22'20" WEST; THENCE LEAVING SAID WESTERLY LINE AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGI,E OF 42°38'55" A DISTANCE OF 70.71 FEET TO A POINT ON SAID NORTHERLY LINE OF SAID LOT 499; THENCE ALONG SAID NORTHERLY LINE SOUTH 71°16'35'' WEST 12.06 FEET TO THE POINT OF BEGINNING. SAID PARCEL "C" HAS AN AREA OF 0.010 ACRE, MORE OR LESS. THIS LEGAL DESCRIPTION (EXHIBIT "A" ) AND A SKETCH LABELED EXHIBIT "B" A ACHED HERET AND MADE A PART OF THIS LEGAL TI ' GARY N 23080 LICENSE EXPI DATE: DECEMBER 31, 1989 8-30-88 JN 3177-40 ,52~ 52 7 1201 . ,/ .8' EXHIBIT "B' CHA P_A RRA L ~ p RIVE ~ 497 ~ ~ 498 s~IA3 ~ /V~ IIPZI 'L__~ ~- ~ ; ~' '~ .... ~ ~ ~9' ~y ' ' .... 1~OICA TE$ D RA I~A GE ~ A SIMEN T A ~UI~f ~ (PARCEL '~ "= 0 016 AO PARCEL "~ '~ 00IgA~ VICINITY MAp PLAT TO ACCOMPANY LEGAL DESGRIP T/ON DRAINAGE EASEMEN T / ?TG 4t~, 4Z~ ~ND 4~9 Of CI4UL~ YIST~ T~'4CT NO. 8G-~, CSONIT~ I. ONG C,~NYON O,,,T NO. ~ PER M,4P NO. 1f97I. 1202 when recorded mail ta The 'City Clerk ""ty of Chula Vista · 0 Box 10137 City of Chula Vista, CA 92012 I SUBORDINATION AGREEMENT kq4EEEAS. the figher of that certain propertg hereicafter described has granted to the eitg OF Chula Uista, a I~nicipal Corporation, in the Count9 of San Diego. State of California. the permanent easeneat and right OF waV. (LEGAL DEECRIPT!OH OF PROPERTV IS ATTACHED) ~~. WELLS FARGO BANK, NATIONAL ASSOCIATION, A NATIONAL BANKING ASSOCIATION .. hereinatter known as the BI)EFIC!I)RV and ~u~azc~ S~.CURZTI~S COMPA~, n CO~VO~TZON is hereinafter knmm as the TRUSTEE as of the date of this instrument under that certain 1)end of Trust executed Dg BONITA LONG CANYON PARTNERSHIpr A GENERAL PARTNERSHIP tO SeCUre a Note for $4,930,000.00 ',, daLed April 4, 1988 and recorde~ April 27, 1988 in the Official Records of the San Diego Countg Recorder, coverinS the propertg hereinabeve descrilmd as Instant No. 88-192785 M kqlEREAS, the BDIEFICIRRV affjrss that the~ are tbe miner and holder of the hereinabeve described TIe/ST !)EED HI)T[, and here~ direct and a.thorize said TRIkSTEE to join in the execution of this instrument. NOV ll~II[fi)R[. for and in consideration of the herd its to accrue to the above descrihecl land !~ acceptance of said easement bV said Citg o[ Chula Uista, the undersigned expressIV subordinates all right, title and interest in and to that pertion of said premises herein described, covernd bg said DEED I)lr TRUST. to the interest of said Citg of Chula Uista in said easement with the intent that said casement shall be prior and superior te the lien of the Deed of Trust herein aho~e described. IH UITHE~ kqlEllEOF, tBe BEltEFICiARV aM t~ X~TEE ha~ caused this inst~nt to ~e ~x~ted on this AMERICAN SECURITIES COMPANY REXEFICI~RV: WELLS Fi~RGO BANK, NATIONAL ASSOCIATION, STATE OF CM. IFOIMIA) COLIf4ff OF 8~JJ DIF, GO) S,S) I~ ,19 . BffDRE fE TIlE ~DEI~IGNED. PEBS~L~I. LY ~PPF. j~,ED )(SO~ TO I1E/!~SED OH ~TISFi~iCTOR~ ~!DKE TO BE THE PEIL~ kilo EXET.,UTED THE lilTHIM II~TRU~EXT TO nE ~T ~V EXECtJTED THE S~J1E Vitn,ss ~ official ham aM seal. STl~t,- OF CM. IFOJ~!A) ss. C~LMTV OF ~ Dlff, O) · ,19 , BffORE lie THE UNDERSIGNEl), fk HOTj~BV PUBLIC FOB JVJD 8Ti~TE PL'I~LV J~PP~RED ~ TO I1E/!~ED [~ .~Tiff~toRV ~IDENCE TO BE Tile PEBSJ~ I;aO EXECUTED THE IJlllJlH !I~i'JGrIEXT RESPECTI.JELV BEi~LF OF 11~ glTHIH COBFO~TION THEREIN ~rtED i~ND GCFJiOIdLEDGED TO fE T~T THEY EXECUTED THE IdlTHIa i~TRiJiEAT OPI BEJL~LF OF ,~!D CORFOJmTION ~ T~T SRID CflRPOP~TION EXECUTED THE SAtlE. gitness .g hand aM official seal. ... 1204 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On this 2_~b day of S~~ I~<~ , before me, the undersigned, a Notary Public in and for said State, personally appeared ~O~,VL~ and L~C~ ~ , ~o~ to me to be a VS~ ~1~ and a e~ respectively, of ~LLS FARGO BA~, N.A., the national banking association described ~ and t~t executed the within instrument, and ho~ to me to be the persons who executed it on be~lf of said national Banking association, and they achowledged to me that such national bank~g association executed the same. WIT~SS my ~nd and official seal. C N IH~THER ]' WARNER 0 ARY PUBLICCALIFORNIA SAN DIEGO COUN~ ~ ~ionExpimsJune2.]989 1205 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On this ~-ND day of lq~r~'~ [~ , before me, the undersigned, a Notary Public in and for said State, personally appeared ~6~6~N~LLJS and ~(-~ ~1~ , ~o~ to me to ~e a Vice President and Assistant Secretary respectively, of ~erican Securities Company, the corporation described in and that executed the with~ instrument, as Trustee, and ~o~ to me to be the persons who executed it on behalf of said corporation, and they acknowledged to me t~t such corporation executed the same as such Trustee. WITNESS my hand and official seal.  H~THER ~. WARMER ' NOTARY pUBLI~ALIFORN A '. SAN DIEGO COUN~ oreminion x ir~ uqq.,. 1206 ' 3c~z~:O~"'=s°' ~ CHAPARRAL ~ _DRIVE~ -- ~.. ~:- ~,~ ....,/.~, ,~.~ ...~.~,_~ .. (PARCEL '~"=OOI~ A~ PA~E~ "8~ OOIgA~ ::.:V' "" ' ' ~ ....~ '~ ~.~ ~SITg ~ ~..:....: ~"'.':........:~.,...~ ~-~ .... ~ ..,-.. . - ., . , -~~~:::,~ ~'<C~,~ ~'~'~'~z.~~" AREA PLAT .............. /~ ~ '.:~ ~>'