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HomeMy WebLinkAboutReso 1988-13769 / RESOLUTION NO. 13769 RESOLUTION OF THE CITY COUNCIL OF T~E CITY OF C~ULA VISTA ACCEPTING, DEDICATING AND NAMING CERTAIN REAL i~,~OFE~//3 PROPERTY IN SAID CITY FOR STREET AND HIGHWAY PURPOSES LOCATED ALONG WALNUT DRIVE IN WOODLAWN PARK 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 Arturo Lucero and Cesar E. Gutierrez dated the 8th day of February , 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 acI' Oted and dedicated to the public use for street and highway pt 3ses by the City of Chula Vista. BE IT FURTHER RESOLVED that said real property is hereby officially named WALNUT DRIVE BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be,-and she is hereby authorized to record said grant of ease- men~ in the office of the San Diego County Recorder. Presented by Approved as to form by / Form 314 Rev. 6/82 159 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF 4UL~ VISTA, CALIFORNIA, this 6th d(!y Of._ September , 88 , by the following vole, to-wit: ~'ES: Councilmembers ~eCandliss, Nade~:, ~alcolm, Cox, Hoo~:e ~YES: Counci 1 members ~STAIN: Cound 1members ~one ]SENT: Counc~ 1 members ~one s C~y of Chulo Visfo 'TEST-~/~/~ ~/~ ~' ' Cit~ 'dl~ 'ATE OF CALIFORNIA ) )UNTY OF SAN DIEGO ) ss. 'Y OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTZON N0. 13769 ,and that the some has not been amended or repealed -660 ~{EN RECORDED, PLRASE MAIL inzs zNS numm 16 0 itY Clerk "' ity~ of Chula Vista , !~Box 1087 ~ xVista, ~ 92012 0 T~S~ER T~ DUE SPACE ~0~ FOR [CO~ER'S USE ONLY . ssessor ' s Parcel o. 624-041-13 Wah~ ~. Easement for Street Purposes Arturo Lucero and Cesar E. Gutierrez ~o(es) hereby grant, convey and dedicate to the CITY OF CHULA VISTA, itate of California, the right of way and incidents thereto for a public .treet upon, over and across that certain real property in the City of ~hula Vista, County of San Diego, State of CalifQrnia, described as ~ol!~ws: A PORTION OF LOT 67 OF WOODLAWN PARK, IN THE CITY OF CHULA VISTA, ACCORDING TO MAP THEREOF NO. 1271, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 30, 1910, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 67 OF MAP 1271; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 67, SOUTH 52~ 18'03" WEST, 28.52 FEET TO A POINT ON THE ARC OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 390.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 54° 37'39" WEST; THENCE LEAVING SAID POINT NORTHEASTERLY THROUGH A CENTRAL ANGLE 4° 10'01", AN ARC OF 28.36 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 67; THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE SOUTH 48~11'54'' EAST, 9.39 FEET TO THE POINT OF BEGINNING. ~/ ,,161! .. The Grantor hereby further grants to the City of Chula Vista the privil and right to extend drainage structures and excavation and embankment s beyond the limits of the herein described right-of-way where required f the construction and maintenance of said public street. RESERVING r !~ grantor of the above described parcel of land, his successors or as~ ~ the right to eliminate such slopes and/or-drainage structuresor portia. thereof, when in the written opinion of the City Engineer of Grantee, t necessity therefore is removed by substituting other protection, suppor and/or drainage facility, provided such substitution is first approved writing by said City Engineer. The Grantor hereby further grants to Grantee all trees, growths (growin, or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the righ' to use the same in such manner and at such locations as said Grantee ma2 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 contiguou: to the right-of-way hereby conveyed by reason of the location, construc~ landscaping or maintenance of said public street. Dated this 8th day of Fehr,,nry · STATE OF CALIFORNIA ) COUNTY OF Los Angeles )SS On February 8, 1988 before me, the undersigned, a Notary Public in and for said State, personally appeared Arturo Lucero and Cesar E. Gutierrez to be the person s whose name s are subscribed to the"~in instrument and acknowledged that they executed the same. WITNESS my hand and official seal. Signature fj/F~/~-~J~ Thomas A. Ledsam Name (Typed or Printed)  OFFICIAL S~AL THOMAS A. DSAM NOTARYPUBLIC~C LIFORNIA LOS ANGELES COUNTY PAy Cornre, I~xplres Nov, ~, ] (~88 - CI'TY OF J ' CHULA VISI'A OFFIGE OF THE GITY CLERK THIS IS TO CERTIFY THAT THIS INTEREST IN REAL PROPERTY CONVEYED BY DEED OR GRANT DATED February 8, 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. /~/J~nnie M. F~{~sz, CMC City Clerk THIS EASEMENT IS GRANTED TO THE CITY BY THE FOLLOWING PERSONS: Arturo Lucero Cesar Eo Gutierrez 276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 92010/(619) i.IHEREAS, 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, Great Western Savings aLnd loan ~Eiatic]~, a California Cozporaticn is hereinafter known as the BENEFICIARY; and California Reconveya~ce Cc~'L'~any is heroinafter known as the TRUSTEE as of the date of this instrument under ti~at certain deed of trust executed by/~a~luro Lucero, a ~_r~ied mare to secure a note for ($44,100.00 with interest dated October 5, 1979 and reco/ded ~to~r 9, 1979 in Official Records of the San Diego County Recorder, covering the property here~nabove described, as Instrument No. 79-420350 AND WHEREAS. the BENEFICIARY affirms that t~y a~ the owner and holder of the heroinabove described trust deed note, and ~e hereby direct and authorize said TRUSTEE to join.in the execution of this instrument. ,~OW, 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 in~tr,.ment to be executed this __~_ day of ~ , t988 . AS TRU E: AS BENEFiCiARY: Great Western Bank, A Federal Savi-~ Bank , Formerly Th~S lm~e-President WPC 2435E !i I .\ FE OF CALIFORNIA ('OUNTY OF LOs Angeles {)n this ~ day of _ May _, in the year 2L9~ 8 ----, before me, the undersigned. a Notary Public in OFFICIAL 8EA~ ~I for said County and State, personally ap~ared DEBEIE A. ILEJAY Nota~' Pubtic-Ca]ilornia -, me (nr proved to me on the basis of satisfactory evidence) to be zhe Vice ~ President, and 2 Reqina Lawson personally known to me (or proved to me on lhe basis of satisfactory evidence) 1o be Assistant Secretary of the corporation that executed the within Inslrumenl, and acknowledged to me that such corporation executed the within instru- menl pursuant ~o {ts by-[aws or a resolution of its board of directors. Notary Public in and for said County and State ~ 2467 ~ 11/82 (Ibis area for o~cial notarial send STATEOF CALIFORNIA COUNTY OF T,n~q Angeles SS. On this 3T'd day of May , in the year '1 q R R _, before me, the undersigned, a Notary Public in and for said County and State, personally appeared S UZANNE KELLY personally known to me (or proved to me on the basis of satisfactory evidence) to be the Executive Vice President, and CAR1 R. STECKER personally known to me (or proved to me on the basis of satisfactory evidence) to be Assistant Vice Secretary of the corporation that executed the within Instrument, and acknow,esTd % corpors. n t ~" ~ ) ZPItlNCIPAL OI~ICE IN F 2467 R. 11 f82 (This area for official notaria[ seal) P ARC EL "A ' >{A PORTION OF LOT 67 OF WOODLAWN PARK, IN THE CITY OF CHULA VISTA, ~i!ACCORDING TO NAP THEREOF NO. 1271, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 30, 1910, MORE !;~iPARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 67 OF HAP 1271; ~THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 67, SOUTH 52° i18'03" WEST, 28.52 FEET TO A POINT ON THE ARC OF A CURVE, CONCAVE iNORTHWESTERLY, HAVING A RADIUS OF 390.00 FEET, A RADIAL TO SAID iPOINT BEARS NORTH 54° 37'39" WEST; THENCE LEAVING SAID POINT NORTHEASTERLY THROUGH A CENTRAL ANGLE 4°10'01.'', AN ARC OF 28.36 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 67; THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE SOUTH 48~11'54" EAST, 9.39 FEET TO THE POINT OF BEGINNING. ALSO, B'~I NNING AT THE NORTHWEST CORNER OF SAID LOT 67 OF MAP 1271, Tf~ ~,~CE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT 67 'ORTH 40°30'14" EAST, 6.42 FEET; THENCE LEAVING SAID .4ORTHWESTERLY LINE SOUTH 43~58'22' EAST, 113.16 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 20.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 466 01'38" EAST; THENCE LEAVING SAID POINT NORTHEASTERLY ALONGITHE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF ~7~30'19'', AN ARC LENGTH OF 16.58 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 67; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE, SOUTH 38°50'12" WEST, 12.98 FEET TO THE SOUTHWEST CORNER OF SAID LOT 67; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT 67 NORTH 43°58'22'. WEST, 128.92 FEET TO THE POINT OF BEGINNING. - 166 SUBORDINATION AGREEMENT WHEREAS, the owner of that certain property hereinafter described has granted to the City of Chuta Vista, a municipal corporation, in the County of San Diego, State of Californfa, the permanent easement and right of way. (ZaseKents of Street Purposes and Easement for Street Tree Purposes as Parcel "A" and Parcel "B" respectively) (lEGAL DESCRIPIIOM OF PROPERLY IS AITACHEO) AND WHEt~EAS, Grossmont Bank, a California Corporation is herei nafter known as the BENEFICIARY; and Grossmont Bank, a California Corporation is hereinafter known as the TRUSIEE as of the date of tb~s instrument under that certain deed of trust executed by Arturo Lucero, a married man, to secd~e a note for ($ 28,000.00 ) T~snty-eight thousand dollars with interest dated March 14, 1983 and recorded March 18, 1983 in Official Records of the San Diego County Recorder, covering the property hereinabove described, as Instrument No. 83-086989 AND !,~H~jREAS, the BENEFICIARY affirms that they are the owner and holder of the hereinabove described trust deed note, and they hereby direct and authorize said TRUSTEE to join in the execution of this instrument. ~'~,,l THE~.EFORE 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 intenL that said easement shall be prior and superior to the lien of the deed o~ trust hereinabove described. IN "I'~*.ESS WHEREOF, the BENEFICIARY and the TRUSTEE have caused this instrument to be executed this /7~k day of _J'Z.x/,~(:'../L~ ............. , lg_~oiy". ~;iEGINNING AT THE NORTHWEST CORNER OF SAID LOT 67 OF MAP 1271; HENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT 67, ~:~IORTH 40°30'14" EAST, 11.95 FEET TO THE TRUE POINT OF BEGINNING; ]~THENCE LEAVING SAID NORTHWESTERLY LINE SOUTH 43°58'22" BAST, i113.69 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE ~ORTHEASTERLY, HAVING A RADIUS OF 14.50 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 46e01'38" EAST; THENCE LEAVING SAID POINT iNORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL iANGLE OF 81°09'14'', AN ARC LENGTH OF 20.54 FEET TO A POINT ON THE iARC OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 384.50 !FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 350 07'36" NORTH; · HENCE LEAVING SAID POINT NORTHEASTERLY ALONG THE ARC OF SAID iCURVE, THROUGH A CENTRAL ANGLE 23°49' 16", AN ARC LENGTH OF 159.86 iFEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 67; THENCE iSOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE SOUTH 48'11'54" EAST, i5.60 FEET TO A POINT ON THE ARC OF A CURVE CONCAVE NORTHWESTERLY, !HAVING A RADIUS OF 390.00 FEET, A RADIAL LINE TO SAID POINT BEARS ]NORTH 58° 47'40" WEST; THENCE LEAVING SAID POINT SOUTHWESTERLY ~AI' ~ THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 23~ ~6 4" , AN ARC LENGTH OF 161.10 FEET TO A POINT ON THE ARC OF A ~RVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 20.0d FEET, A ADIAL LINE TO SAID POINT BEARS NORTH 35~ 07'36" WEST; THENCE LEAVING SAID POINT SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, iTHROUGH A CENTRAL ANGLE OF 810. 09'14", AN ARC LENGTH OF 28.33 iFEET; THENCE TANGENT TO THE PROCEEDING CURVE, NORTH 43°58'22" IWEST 113.16 FEET TO THE NORTHWESTERLY LINE OF SAID LOT 67' !THEN~ 6 E NORTHEASTERLY ALONG SAID NORTHWESTERLY LINE, NORTH 4 ~ ~30'14" EAST, 5.53 FEET TO THE TRUE POINT OF BEGINNING. :., '. pcrsonaBy known to mc (or proved 1o me on the basis of salisfnctory cv{dcnc$) to be the person ~ whose name ~ subscribed [o the within instrument and ~ X~~~: ' acknow[edSed lha, '+h~V execuied ,h= UTH PRINCIPAL OFF~ IN Name (Typed ot Printed) Notary Public in and for said County and State F2492 R 6/~ ~on NOTARY ~EAL OR 168 PARCEL "A" A PORTION OF LOT 67 OF WOODLAWN PARK, IN THE CITY OF CHULA VISTA, ACCORDING TO MAP THEREOF NO. 1271, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 30, 1910, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 67 OF MAP 1271; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 67, SOUTH 52° 18'03" WEST, 28.52 FEET TO A POINT ON THE ARC OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 390.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 54° 37'39'' WEST; THENCE LEAVING SAID POINT NORTHEASTERLY THROUGH A CENTRAL ANGLE 4°10'01'', AN ARC OF 28.36 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 67; THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE SOUTH 48~11'54'' EAST, 9.39 FEET TO THE POINT OF BEGINNING. ALSO , P ~NNING AT THE NORTHWEST CORNER OF SAID LOT 67 OF MAP 1271, I~ LqCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT 67 NORTH 40°30'14'' EAST, 6.42 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE SOUTH 43058'22'. EAST, 113.16 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 20.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 46° 01'38" EAST; THENCE LEAVING SAID POINT NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 47° 30'19'', AN ARC LENGTH OF 16.58 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 67; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE, SOUTH 38°50'12" WEST, 12.98 FEET TO THE SOUTHWEST CORNER OF SAID LOT 67; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT 67 NORTH 43°58'22.. WEST, 128.92 FEET TO THE POINT OF BEGINNING · EXHIBIT "B" ~ ING AT THE NORTHWEST CORNER OF SAID LOT 67 OF MAP 1271; LEAVING SAID NORTHWESTERLY LINE SOUTH 43~58'22'' EAST, ~,113.69 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE iNORTHEASTERLY, HAVING A RADIUS OF 14.50 FEET, A RADIAL LINE TO iSAID POINT BEARS NORTH 46001'38" EAST; THENCE LEAVING SAID POINT ~NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL iANGLE OF 81°09'14'', AN ARC LENGTH OF 20.54 FEET TO A POINT ON THE iARC OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 384.50 iFEET, A RADIAL LINE TO SAID POINT BEARS NORTH 35~ 07'36" NORTH; iTHENCE LEAVING SAID POINT NORTHEASTERLY ALONG THE ARC OF SAID ~CURVE, THROUGH A CENTRAL ANGLE 23~49'16'', AN ARC LENGTH OF 159.86 ~FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 67; THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE SOUTH 48~11'54'' EAST, ~5.60 FEET TO A POINT ON THE ARC OF A CURVE CONCAVE NORTHWESTERLY, iHAVING A RADIUS OF 390.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 58~ 47'40" WEST; THENCE LEAVING SAID POINT SOUTHWESTERLY !AI~ THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 23 ~4 ~", AN ARC LENGTH OF 161.10 FEET TO A POINT ON THE ARC OF A 'IURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 20.00 FEET, A ADIAL LINE TO SAID POINT BEARS NORTH 35~ 07'36" WEST; THENCE I~LEAVING SAID POINT SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, !THROUGH A CENTRAL ANGLE OF 81© 09'14", AN ARC LENGTH OF 28.33 iFEET; THENCE TANGENT TO THE PROCEEDING CURVE, NORTH 43°58'22" !WEST, 113.16 FEET TO THE NORTHWESTERLY LINE OF SAID LOT 67; ~THENCE NORTHEASTERLY ALONG SAID NORTHWESTERLY LINE, NORTH 40~ !30'14" EAST, 5.53 FEET TO THE TRUE POINT OF BEGINNING.