HomeMy WebLinkAboutReso 1988-13734 769
RESOLUTION NO. 13734
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING GRANT OF EASEMENT FROM
RANCHO DEL REY PARTNERSHIP FOR DRAINAGE
PURPOSES
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 drainage purposes
executed by Rancho Del ReV Partnership
dated the 16th day of June , 1988 , 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 Approve~ as to form by
_:~M~__' \ . , t' ,/, ~ 7
·
ltt, Director ~ ~ .
P or Attorney / ."
0362a
Form 320
Rev. 2-86
3770
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 9th day Of August ,
~9 88 , by the following vote, to--wit:
AYES: Councilmembers Moore, McCandliss, Nader, Cox
NAYES: Counci 1members None
ABSTAIN: Counci 1members None
ABSENT: Counci lmembers Malcolm
'~~~lrChulo Vista
S ,~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, California,
DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of
RESOLUTION N0. 13734 ,ond thor the some hos not been amended or repealed
GRANT OF EASEMENT.' FOR DRAINAGE PURPOSES
761
'FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknow-
ledged, the undersigned do/does hereby grant to the City of Chula Vista,
~he County of San'Diego, State of California, an easement and right-
~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:
(LEGAL DESCRIPTION OF PROPERTY IS ATTACHED).'
together with the right to enter upon and ~o pass and repa~ over and
along said easement and right-of-way and to deposit tools, implements
and other materials ~hereon by said City of Chuia Vista, its officers,
agents and employees and by any contractor, his agen~'~ and employees
engaged by said City, whenever and wherever necessary for the purposes
above set Corth:
WITNESS hand this day o~ 19 .
R~,~CHO DEL REY P~TNERSHIP
BY: ~"' '
CAT. NO, NN~3~
TO 1954 CA (9~4}
TITLE INSURANCE
On jq/i6/~,/~'Y~', before me, ~e undemigned, a No~ Public ~ and for
p~n~y ~o~m to me or p ved t me n ~e b~ of samfa~oW efidence be e pen who exerted
~e co~o~tio ~ ee d ,~ 'fi~ ~ent on
W.O.1671-K
MAY 4, 1988
LEGAL DESCRIPTION
DRAINAGE EASEMENT
ALL THAT PORTION OF TIlE NORTHEAST QUARTER OF QUARTER SECTION 42 OF RANCHO DE LA
NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
ACCORDING TO MAP THEREOF NO.166, BY MORRILL, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON MAY 11, 1869 DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF CHULA VISTA TRACT NO.80-5 UN1T D ACCORDING
TO MAP THEREOF NO. 10989; THENCE SOUTH 17°52'13" EAST, 251.37 FFJ~T ALONG THE MOST
NORTHEASTERLY LINE OF SAID MAP NO. 10989 AND THE WESTERLY LINE OF QUARTER SECTION
43 OF SAID MAP NO. 166 TO TI:IE NORTItWESTERLY CORNER OF QUARTER SECTION 42; THENCE
NORTH 72°11'32" EAST, 1980.39 FEET ALONG THE NORTHERLY LINE OF SAID QUARTER SECTION
42 TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SAID QUARTER SECTION 42; THENCE SOUTH 17°48'28" EAST, 661.06 FEET ALONG THE EAST LINE
OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 72° 10'58" WEST, 44.66 FEET ALONG THE SOUTH LINE OF SAID NORTHWEST
QUARTER OF THE NORTHEAST QUARTER; THENCE DEPARTING SAID SOUTH LINE NORTH 5°19'22"
WEST, 52.23 FEET; THENCE NORTH 85°34'04'' WEST, 267.37 FEET; THENCE NORTH 4025'56" EAST,
50.00 FEET; THENCE SOUTH 85o34'04'' EAST, 50.00 FEET; THENCE SOUTH 4025'56" WEST, 25.00 FEET;
]ENCE SOUTH 85°34'04" EAST, 325.00 FEET; THENCE SOUTH 18031'28'' EAST, 136.25 FEET; TItENCE
.,OUTH 31°01' 16" EAST, 122.16 FEET; THENCE NORTH 51 °51'25" EAST, 12.00 FEET; THENCE SOUTH
38008'35" EAST, 42.00 FEET; THENCE SOUTH 51051'25" WEST, 42.00 FEET; THENCE NORTH 38°08'35"
WEST, 212.84 FEET; THENCE SOUTH 72°11'31" WEST, 17.84 FEET TO THE WEST LINE OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID QUARTER SECTION 42; THENCE
NORTH 17048'28.' WEST, 72.00 FEET ALONG SAID WEST LINE TO THE TRUE POINT OF BEGINNING.
CONTAINING 0.644 ACRES.
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~ SU BORD I NATION/iGREEMENT '
I~tlEREAS, 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 Caltfornta~ the permanent easement and right of way.
(LEGAL DESCRIPTION OF PROPERTY IS ATTACtIED)
AIID WItEREAS, HOME FEDEI~J~L SAVINGS ~D LO~q ASSOCIATION,
is hereinafter known as the BENEFICIARY; and HOME FEDERAL SAVINGS ~D LOAN ASSOCIATION
is hereinafter known as the TRUSTEE as of the date of this instrument under
that certain deed of trust executed by EL P, ANCHO DEL REY PARTNERSHIP
tO secure a note! for ($21,600,000.00)
with interest dated MAY 27, 1986 and recorded dUNE 11, 1986,
in Official Records of the San Diego County Recorderr covering the property
herelnabove described, as Instrument No. 86-2~2852;
Arid WtlEREAS, the BENEFICIARY affirms thatHOME FED. SAV. AND LN. ASSN, the owner
and holder .of the hereinabove described trust deed note, and DOES
!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, tile undersigned expressly subordinates all right, title and interest in
~nd 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 tile lien of the deed
of trust heretnabove described.
Ill WITIIESS WHEREOF, the BENEFICIARY and the TRUSTEE have caused this
instrument to be executed this day of , 19 .
AS TRUSTEE/~ND BENEFICIARY:
HOME FEDERAL SAVINGS AND LO~ ASSOCIATION,
BY :'. ' ~~ "'
~,iPC 2'~5E '. . . / '
TO 1954 CA (9--84)
~(CorporaUon as a Pa_rtner of a Partnership)
~ TICOR TITL~ INSUFIANC~
STATE OF CALIFORNIA ~'
personally known to me or pr~ed to e g the bas~s of satisfactory evidenc'~t 'be the person who executed
the corpo~d,~ tha,, e e e , ,t-h, 'd'~ ~sm~me.t on
the within inst{'ument, and acknowledged to me that such
corporatibn executed the same as such parmet and that <::;Z~:::.;L:ij~4: L', ?,j['=! M. SIKORA
such partnership executed the same.
~s ,-,-.:,, ha.,:,. and o~,~c~ se~. -.
3766
W.0.1671-K
MAY 4, 1988
LEGAL DESCRIPTION
DRAINAGE EASEMENT
ALL THAT PORTION OF THE NORTHEAST QUARTER OF QUARTER SECTION 42 OF RANCHO DE LA
NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
ACCORDING TO MAP THEREOF NO. 166, BY MORRILL, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON MAY 1 I, 1869 DESCRIBED AS FOIl .OWS:
COMMENCING AT THE NORTHEAST CORNER OF CHULA VISTA TRACT NO.80-5 UNIT D ACCORDING
TO MAP THEREOF NO. 10989; THENCE SOUTH 17°52'13'' EAST, 251.37 FEET ALONG THE MOST
NORTHEASTERLY LINE OF SAID MAP NO. 10989 AND THE WESTERLY LINE OF QUARTER SECTION
43 OF SAID MAP NO. 166 TO THE NORTHWESTERLY CORNER OF QUARTER SECTION 42; THENCE
NORTH 72° 11'32" EAST, 1980.39 FEET ALONG THE NORTHERLY LINE OF SAID QUARTER SECTION
42 TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SAID QUARTER SECTION 42; THENCE SOUTH 17°48'28'' EAST, 661.06 FEET ALONG THE EAST LINE
OF SAID NORTIBVF~T QUARTER OF THE NORTHEAST QUARTER TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 72° 10'58" WEST, 44.66 FEET ALONG THE SOUTH LINE OF SAID NORTHWEST
QUARTER OF THE NORTHEAST QUARTER; THENCE DEPARTING SAID SOUTH LINE NORTH 5°19'22"
WEST, 52.23 FEET; T[IENCE NORTH 85°34'04'' WEST, 267.37 FEET; THENCE NORTH 4o25'56'. EAST,
S0.00 FEET; THENCE SOUTH 85034'04'' EAST, 50.00 FEET; THENCE SOUTH 4o25'56'' WEST, 25.00 FEET;
HENCE SOUTH 85°34'04" EAST, 325.00 FEET; THENCE SOUTH 18031'28,' EAST, 136.25 FEET; THENCE
SOUTH 31°01'16'' EAST, 122.16 FEET; THENCE NORTH 51o51'25" EAST, 12.00 FEET; THENCE SOUTH
38008'35" EAST, 42.00 FEET; THENCE SOUTH 51051'25" WEST, 42.00 FEET; THENCE NORTH 38008'35''
WEST, 212.84 FEET; THENCE SOUTH 72°11'31" WEST, 17.84 FEET TO THE WEST LINE OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID QUARTER SECTION 42; THENCE
NORTH 17o48'28'. WEST, 72.00 FEET ALONG SAID WEST LINE TO THE TRUE POINT OF BEGINNING.
CONTAINING 0.6z14 ACRES.
.'-; :. D767
~ TITLE INSURANCE
On this the__. /~ ay of ..... 1 , tore me, the undersigned, a Nota~ Public in and for
said State, personally ~pear~
p nally kn n to me
W TNESS my hand and off cial seal.
tu
" .,,.~\{~/- .]768
CI'IY OF
CHULA VIb"I'A
OFFICE OF THE CITY CLERK
THIS IS TO CERTIFY THAT THIS INTEREST IN REAL PROPERTY
CONVEYED BY DEED OR GRANT DATED June 16, 1988
FROM Rancho Del Rey Partnersh.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 August 12, 1988 BY ~Fenn Cle%e~M~k
Loft Book #2897
'f /'.rage 2
1. A Deed of Trust to secure an indebtedness of $21,600,000.00, recorded
June 11, 1986 as File No. 86-232852 of Official Records.
Dated: May 27, 1986
Trustor: EL RANCHO DEL REY PARTNERSHIP, a General Partnership
Trustee: HOME FEDERAL SAVINGS AND LOAN ASSOCIATION, a
corporation
Beneficiary: HOME FEDERAL SAVINGS AND LOAN ASSOCIATION, a
corporation
The amount due, terms and conditions of said indebtedness should be
determined by contacting the owner of the debt.
Covering this and other property.
5/17/88
atk-629
/.,,P//,_/