HomeMy WebLinkAboutReso 1988-13650 RESOLUTION NO. 13650
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING EASEMENT FROM MOSS INDUSTRIAL
PARK V FOR STREET TREE PURPOSES AT 695 MOSS STREET
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
street tree purposes at 695 Moss Street
executed by Moss Industrial Park V, a Joint Venture
dated the 1st day of July , 198 8 , 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
RecorOer.
Presented by Approved as to form by
0361a
Form 320
Rev. 11-87
: Poa6) 8 8 - 3 4 2 2 3 4
1988 JUL 15 AMB=D0
COUN~ RECORD~
NO FEE
011~,
---, ADOPTED AND APEROVED BY THE CITY COUNCIL OF THE CITY OF
L. HULA VISTA, CALIFORNIA, this 12th day of 5uly . ..
19 88 , by the following vote, to-wit:
AYES: Councilmembers Nader, Malcolra, Cox, Moore, McCand]A_ss
NAYES: Counci 1 members None
ABSTAIN: Councilmembers None
A~ENT: Counci linetubers None
~Vista
~.,rE OF CALIFORNIA ]
COUNTY OF SAN ~E~ ] ss.
CITY OF CHULA VISTA
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Celifornio,
DO HEREBY CERTIFY thor the obove and foregoing is 0 full, true ond correct copy of
RESOLUTION N0. 13650 ,ond that the some hos not been omendad or repealed
/ l"/"
CI'~' O1:
CHULA VISTA
CC-660
' ' 0113
GR/~NT OF EASEMj~NT - FOR STREET TREE PURPOSES
FOR A VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged, 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 plant, maintain,
replace or remove trees 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 LEGAL DESCRIPTION
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:
MOSS INDUSTRIAL PARK V,
A JOINT VE/bFT~RE
BY: ~/~ ,
STATE OF CALIFORNIA ) SS
COUNTY OF SAN DIEGO )
~A//0~ , a NOtary Public 'in and for the
said County of San Diego, State of California,~siding therein, duly
commissioned and sworn, personally appeared .
, personally known to me to t~ae person whose
name /~ subs~ed to the within instr~ent and duly acknowledge,
to me that executed the same
·
IN WITNESS WHE~OF, ~ have hereunto s'et 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.
~ PrmC~palOff~ceJn County of San Diego, State of
0114
LEGAL DESCRIPTION OF EASEMENT FOR STREET TREE PURPOSES
THE EASTERLY 5.50 FEET OF THE FOLLOWING DESCRIBED LAND:
A PIECE OR PARCEL OF LAND SITUATED IN THE CITY OF CHULA VISTA,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING PORTIONS OF THE
EAST HALF OF THE NORTHWEST QUARTER OF QUARTER SECTION 166 AND
THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 165, OF THE
RANCHO DE LA NACION, ACCORDING TO MAP THEREOF NO. 166 MADE BY
· GEO. S. MORRIL, FILED MAY 11, 1869, IN THE RECORDER'S OFFICE OF
SAID SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT OF INTERSECTION OF THE CENTER LINE OF MOSS
STREET (80 FEET WIDE) WITH A LINE PARALLEL WITH AND DISTANT 15.00
FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE ORIGINAL LOCATED
CENTER LINE OF SAN DIEGO AND ARIZONA EASTERN RAILWAY COMPANY'S MAIN
TRACT (SAN DIEGO-YSIDRO): THENCE NORTH 18019'00" WEST ALONG SAID
PARALLEL LINE, BEING ALSO THE EASTERLY LINE OF THE WEST 105 FEET
OF SAID EAST HALF OF THE SOUTHWEST QUARTER OF QUARTER SECTION 165,
A DISTANCE OF 300.00 FEET; THENCE NORTH 71041'00'' EAST PARALLEL
WITH SAID CENTER LINE OF MOSS STREET, 135.00 FEET TO A POINT IN
THE EASTERLY LINE OF THE WEST 240 FEET OF SAID EAST HALF OF THE
SOUTHWEST QUARTER OF QUARTER SECTION 165; THENCE SOUTH 18019'00"
EAST ALONG LAST SAID EASTERLY LINE, AND THE EASTERLY LINE OF THE
WEST 240 FEET OF SAID EAST HALF OF THE NORTHWEST QUARTER OF QUARTER
SECTION 166, BEING PARALLEL WITH AND DISTANT 150.00 FEET EASTERLY,
MEASURED AT RIGHT ANGLES, FROM SAID CENTER LINE OF MAIN TRACT,
1,250.00 FEET; THENCE SOUTH 71041'00'' WEST 135.00 FEET TO A POINT
IN SAID PARALLEL LINE THAT IS DISTANT 15.00 FEET EASTERLY, MEASURED
AT RIGHT ANGLES, FROM SAID CENTER LINE OF MAIN TRACT; THENCE NORTH
18019'00'' WEST ALONG LAST SAID PARALLEL LINE 950.00 FEET TO THE
POINT OF BEGINNING, CONTAINING AN AREA OF 3.874 ACRES, MORE OR
LESS.
EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE CENTER LINE
OF MOSS STREET.
CI'IY OF
CHULA VISTA
OFFIGE OF THE GITY GLEFIK
THIS IS TO CERTIFY THAT THIS INTEREST IN REAL PROPERTY
CONVEYED BY DEED OR GRANT DATED July 1, 1988
FROM Moss Industrial Park V 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 July 14, 1988 BY ~rk~CMC~
276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 92010/(619) 691-5041 /~f_~,~' ?"7~72
0116
SUBORDINATI )N AGREEMENT
WHEREAS, THE OWNER OF THAT CERTAI~ PROPERTY HEREINAFTER DESCRIBED
HAS GRANTED TO THE CITY OF CHULA ~ISTA, A MUNICIPAL CORPORATION,
IN THE COUNTY OF SAN DIEGO, STATE DF CALIFORNIA, THE PERMANENT
EASEMENT AND RIGHT OF WAY.
(LEGAL DESCRIPTIONS OF 'ROPERTIES ARE ATTACHED)
AND WHEREAS, UNION BANK, A CALIFO NIA CORPORATION IS HEREINAFTER
KNOWN AS THE BENEFICIARY; AND THE UNION BANK, A CALIFORNIA CORPORATION
IS HERINAFTER KNOWN AS THE TRUSTEf: AS OF THE DATE OF THIS INSTRUMENT
UNDER THAT CERTAIN DEED OF TRUST f:XECUTED BY MOSS INDUSTRIAL PARK V,
A JOINT VENTURE, TO SECURE A NOTE FOR ONE MILLION SEVEN HUNDRED
THOUSAND DOLLARS ($1,700,000.00) IITH INTEREST DATED FEBRUARY 22,
1988 AND RECORDED MARCH 3, 1988 I I OFFICIAL RECORDS OF THE SAN DIEGO
COUNTY RECORDER, COVERING THE PRO 'ERTY HEREINABOVE DESCRIBED, AS
INSTRUMENT NO. 88-097793.
AND WHEREAS, THE BENEFICIARY AFFI '.MS THAT IT IS THE OWNER AND HOLDER
OF THE HEREINABOVE DESCRIBED TRUS DEED NOTE, AND DOES HEREBY DIRECT
AND AUTHORIZE SAID TRUSTEE TO JOI IN THE EXECUTION OF THIS INSTRUMENT.
NOW, THEREFORE, FOR AND IN CONSID RATION OF THE BENEFITS TO ACCRUE
TO THE ABOVE DESCRIBED LAND BY ACSEPTANCE OF SAID EASEMENT BY SAID
CITY OF CHULA VISTA, THE UNDERSIGqED 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 SUPER OR TO THE LIEN OF THE DEED OF
TRUST HEREINABOVE DESCRIBED.
IN WITNESS WHEREOF, THE BENEFICIA '.Y AND THE TRUSTEE HAVE CAUSED THIS
INSTRUMENT TO BE EXECUTED THIS 2khDAY OF June , 1988
AS TRUSTEE: AS BENEFICIARY:
UNION BANK, UNION BANK,
a California corporation a California corporation
J v P d t J r, ,sfl vice President
~Vic~si en ~
/. Curtis Fornal, Vice President urtis Fornal, Vice'~a~Presid~nt
01i7
LEGAL DESCRIPTION OF EASEMENT FOR STREET PURPOSES
THE NORTHERLY 40.00 FEET OF THE FOLLOWING DESCRIBED LAND:
A PIECE OR PARCEL OF LAND SITUATED IN THE CITY OF CHULA VISTA~
COUNTY OF SAN DIEGOt STATE OF CALIFORNIA, BEING PORTIONS OF THE
EAST HALF OF THE NORTHWEST QUARTER OF QUARTER SECTION 166 AND
THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 165~ OF THE
RANCHO DE LA NACION, ACCORDING TO MAP THEREOF NO. 166 MADE BY
GEO. S. MORRIL, FILED MAY 11, 1869, IN THE RECORDER'S OFFICE OF
SAID SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT OF INTERSECTION OF THE CENTER LINE OF MOSS
STREET (80 FEET WIDE) WITH A LINE PARALLEL WITH AND DISTANT 15.00
FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE ORIGINAL LOCATED
CENTER LINE OF SAN DIEGO AND ARIZONA EASTERN RAILWAY COMPANYtS MAIN
TRACT (SAN DIEGO-YSIDRO): THENCE NORTH 18°19'00t' WEST ALONG SAID
PARALLEL LINE, BEING ALSO THE EASTERLY LINE OF THE WEST 105 FEET
OF SAID EAST HALF OF THE SOUTHWEST QUARTER OF QUARTER SECTION 165,
A DISTANCE OF 300.00 FEET} THENCE NORTH 71°41'00'' EAST PARALLEL
WITH SAID CENTER LINE OF MOSS STREET~ 135.00 FEET TO A POINT IN
THE EASTERLY LINE OF THE WEST 240 FEET OF SAID EAST HALF OF THE
SOUTHWEST QUARTER OF QUARTER SECTION 165; THENCE SOUTH 18°19'00''
EAST ALONG LAST SAID EASTERLY LINE, AND THE EASTERLY LINE OF THE
WEST 240 FEET OF SAID EAST HALF OF THE NORTHWEST QUARTER OF QUARTER
SECTION 166, BEING PARALLEL WITH AND DISTANT 150.00 FEET EASTERLY,
MEASURED AT RIGHT ANGLES, FROM SAID CENTER LINE OF MAIN TRACT,
1,250.00 FEET; THENCE SOUTH 71°41'00'' WEST 135.00 FEET TO A POINT
IN SAID PARALLEL LINE THAT IS DISTANT 15.00 FEET EASTERLY, MEASURED
AT RIGHT ANGLES, FROM SAID CENTER LINE OF MAIN TRACT; THENCE NORTH
18°19'00'' WEST ALONG LAST SAID PARALLEL LINE 950.00 FEET TO THE
POINT OF BEGINNING, CONTAINING AN AREA OF 3.874 ACRES, MORE OR
LESS.
EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE CENTER LINE
OF MOSS STREET.
0118
LEGAL DESCRIPTION OF EASEMENT FOR STREET TREE PURPOSES
THE EASTERLY 5.50 FEET OF THE FOLLOWING DESCRIBED LAND:
A PIECE OR PARCEL OF LAND SITUATED IN THE CITY OF CHULA VISTA,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING PORTIONS OF THE
EAST HALF OF THE NORTHWEST QUARTER OF QUARTER SECTION 166 AND
THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 165, OF THE
RANCHO DE LA NACION, ACCORDING TO MAP THEREOF NO. 166 MADE BY
GEO. S. MORRIL, FILED MAY 11, 1869, IN THE RECORDER'S OFFICE OF
SAID SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT OF INTERSECTION OF THE CENTER LINE OF MOSS
STREET (80 FEET WIDE) WITH A LINE PARALLEL WITH AND DISTANT 15.00
FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE ORIGINAL LOCATED
CENTER LINE OF SAN DIEGO AND ARIZONA EASTERN RAILWAY COMPANY'S MAIN
TRACT (SAN DIEGO-YSIDRO): THENCE NORTH 18o19'00" WEST ALONG SAID
PARALLEL LINE, BEING ALSO THE EASTERLY LINE OF THE WEST 105 FEET
OF SAID EAST HALF OF THE SOUTHWEST QUARTER OF QUARTER SECTION 165,
A DISTANCE OF 300.00 FEET; THENCE NORTH 71°41'00'' EAST PARALLEL
WITH SAID CENTER LINE OF MOSS STREET, 135.00 FEET TO A POINT IN
THE EASTERLY LINE OF THE WEST 240 FEET OF SAID EAST HALF OF THE
SOUTHWEST QUARTER OF QUARTER SECTION 165; THENCE SOUTH 18019'00"
EAST ALONG LAST SAID EASTERLY LINE, AND THE EASTERLY LINE OF THE
WEST 240 FEET OF SAID EAST HALF OF THE NORTHWEST QUARTER OF QUARTER
SECTION 166, BEING PARALLEL WITH AND DISTANT 150.00 FEET EASTERLY,
MEASURED AT RIGHT ANGLES, FROM SAID CENTER LINE OF MAIN TRACT,
1,250.00 FEET; THENCE SOUTH 71°41'00" WEST 135.00 FEET TO A POINT
IN SAID PARALLEL LINE THAT IS DISTANT 15.00 FEET EASTERLY, MEASURED
AT RIGHT ANGLES, FROM SAID CENTER LINE OF MAIN TRACT; THENCE NORTH
18019'00'' WEST ALONG LAST SAID PARALLEL LINE 950.00 FEET TO THE
POINT OF BEGINNING, CONTAINING AN AREA OF 3.874 ACRES, MORE OR
LESS.
EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE CENTER LINE
OF MOSS STREET.
i
TITLE INSURANCE
STATE OF CALIFORNIA
. }
COUNTY OF, J'~C~~L/"~L~'~:~c' SS
On j/~ ~} -~,/~)?~ , before me, the undersigned
NotaWr~;~ and for said State, per~nally appeared FOR NOTARY SEAL OR STAMP
/~ ~ ~/~ 'f ~ and
personally known to me or proved to me on the basis of satisfacto~ ~ ~ OFFICIAL S~AL
evidence to be The person(s) who execu~ the within instrument as the ~ SHAWN A. W I M PEY
NOTARY PUBLIC-CALIFORNIA
/~4 ~ b~ President and as the ~/,~C ~'~j{~ ~ PRINCIPAL OFFICE
on behalf of the corporation therein named and acknowledged to me SAN DIEGO COUNTY
that such cordration executed the within instrument pursuant to its My Commition E~pires Februa~ 16, 1991
by-laws or a resolution of its board of directors.
,
SAFECO
TITLE INSURANCE
STATE OF CALIFORNIA
COUNTY OF } ss
, . .)/~ /.~2 before me, the undersigned
Notary Public in and fpr said State, personally appeared FOR NOTARY SEAL OR STAMP
/- ,' r ~ (~ :~ qT'. -~ and
personally known to me or proved to me on the basis of satisfactory I ~!:'~:%:~:" OFFICIAL SEAL
evidence to be file person(s) who executed the within instrument as the ~'2S~ SHAWN A. WI MPEY
on behalf of the corporation therein named and acknowledged to me ~ F,,-~:%~EACLO%&t;~T~,N