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HomeMy WebLinkAboutReso 1988-13652 · . 07.70 RESOLUTION NO. 13652 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING EASEMENT FROM CtIRISTIAN J. AND LINDA A. ZIEGLER, DENNIS E. WHITE, AND DENNIS A. AND TINA M. PUGH FOR STREET RIGHT OF WAY AT 148 FOURTH AVENUE 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 right of way at 148 Fourth Avenue executed by. the Zieglers, the Pughs and Dennis E. wnlte dated the 15th day of January , 198 88 , 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 Approved as to form by Jo n P. L of D. R~Eh~rd Rudolf, ~sis~ant P rks City Attorney 0361a Form 320 Rev. 11-87 0771 --- ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CnOLA VISTA, CALIFORNIA, this 12th day Of July 19 88 , by the following vote, to---wit: AYES: Councilmembers Nader, Malcolm, Cox, Moore, McCandliss NAYES: Council members None ABSTAIN: Councilmembers None ABSENT: Counci lmembers None 'J~y~of the City of Chula Vista ATTEST S.. ,'E OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chu/o Vista, Colitornio, DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of RESOLUTION N0. 13652 ,and thai the same has not been amended or repealed CI1V OF CHUtA VI A CC-GGO / ~(y,E~c> THZS. ZNSTRUMENT ~ity Clerk O ~nhla Vista, CA 92012 ~ V'Ee~ L LYrE NO T~SFER T~ DUE COg~ Assessor ' s Parcel No. 565-220-19 ~ST~ J. Z~G~R ~d L~DA A. Z~G~R, humid ~d wife. D~IS E. ~'~{I~. a s~ole ~. DE[~IS A. PUGH do(es) hereby grant, convey and dedicate to the CITY OF CHULA VISTA, State of California, the right of way and incidents thereto for a public street upon, over and across that certain real property in the City of Chula Vista, County of San Diego, State of California, described as fnllows: THAT PORTION OF 10 ACRE LOT 11 IN QUARTER SECTION 150 OF CHULA VISTA, BEING IN THE RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 505, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 13, 1888, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 11; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LOT NORTH 18c41'04" WEST, 118.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE SOUTH 71°07'46" WEST, 2.00 FEET; THENCE SOUTH 18c41'04" EAST, 68.06 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 20.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 71°18'56" WEST; THENCE LEAVING SAID POINT SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 89c48'50'', AN ARC LENGTH OF 31.35 FEET; THENCE SOUTH 71° 07'46" WEST, 105.09 FEET; THENCE SOUTH 18° 41'04" WEST, 20.00 FEET; THENCE EASTERLY PARALLEL TO THE SOUTHERLY LINE OF SAID LOT 11, NORTH 71°07'46'' EAST, 115.08 FEET; THENCE NORTH 18°41'04" WEST, 4.49 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 12.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 18~52'14" WEST; THENCE LEAVING SAID POINT NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 89o48'50',, AN ARC LENGTH OF 18.81 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 11; THENCE NORTH 18c41'04'' WEST, 91.55 FEET TO THE TRUE POINT OF BEGINNING ' iE-77 ! CITY OF OFFIGE OF THE CITY GLEFIK THIS IS TO CERTIFY THAT THIS INTEREST IN REAL PROPERTY CONVEYED BY DEED OR GRANT DATED January 15, 1988 FROM please see names 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. /~ennie M. City Clerk Easement for Street Purposes 3Christian J. Ziegler and Linda A. Ziegler - husband and wife Dennis E. White - a single man Dennis Ao Pugh and Tina M. Pugh - husband and wife itB°4Uzl§"~z,5'C'LY C~. ~ 0761 ,-GlJA~ ',~IAt40R /O. O0.' LOT t, MAP 2632 NZt'qZ'de"C N 18 8~0 ' 20' : " 6~.0~' PROPOSED STREET DEDIOA ~ ~9L55' _ ~o, FOURTH o~ ~ ' AVENUE .- 0762 SUBORDINATION AGREEMENT WHEREAS, the owner of that certain property herein after 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, First La Mesa Bank (BENEFICIARY) is hereinafter known as the BENEFICIARY; and First La Mesa Bank (TRUSTEE) is hereinafter known as the TRUSTEE as of the date of this instrument under that certain deed of trust executed by CHRISTIAN J. ZIEGLER AND LINDA Ao ZIEGLER, HUSBAND AND WIFE, AS JOINT TENANTS, AS TO AN UNDIVIDED 1/3 INTEREST, AND DENNIS E. WHITE, A SINGLE MAN, AS TO AN UNDIVIDED 1/3 INTEREST, AND DENNIS A. PUGH AND TINA M. PUGH, HUSBAND AND WIFE, AS JOINT TENANTS AS TO AN UNDIVIDED 1/3 INTEREST to secure a note for $390,000.00 with interest dated September 9, 1987 and recorded October 14, 1987 in Official Records of the San Diego County Recorder, covering the property hereinabove described, as the Instrument No. 87-579980 AND WHEREAS, the BENEFICIARY affirms that they are the owner and holder of the hereinabove described trust deed note, and are 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 ' ~d by acceptance of said easement by said City of Chula Vista, the undersigned expressly !ordinates 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 5th day of February, 1988. AS TRUSTEE: AS B,ENE~~ ,~__,B~E~._ ~/, / :~ R ~. ~UFF RO~ 30N D. 8~INNE¥ ' ~O~ D. 8~INNEY EXECUTIVE VICE PRESIDENT EXECUTIVE VICE 0763 LEGAL DESCRIPTION That portion of 10 Acre Lot 11 in Quarter Section 150 of Rancho de La Nacion, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 505, filed in the county of the Recorder of San Diego County March 13, 1888, described as follows: Beginning at the southeast corner of said Lot 11; thence northerly along the easterly line of said lot North 18° 41' 04" West, 118.00 feet to the TRUE POINT OF BEGINNING; thence leaving said easterly line South 71~ 07' 46" West, 2.00 feet; thence South 18~ 41' 04" East, 68.06 feet to the beginning of a curve concave Southwesterly, having a radius of 20.00 feet, a radial line to said point bears south 71° 18' 56" West; thence leaving said point southwesterly along the arc of said curve, through a central angle of 89° 48' 50", an arc length of 31.35 feet; thence South 710 07' 46" West, 105.09 feet; thence South 18~ 41' 04" West, 20.00 feet; thence easterly parallel to the southerly line of said lot 11, North 71° 07' 46" East, 115.08 feet: thence North 18~ 41' 04" West, 4.49 feet to the beginning of a curve concave northwesterly, having a radius of 12.00 feet, a radial line to said point bears North 180 52' 14" West; thence leaving said point nor%heasterly along the arc of said curve. through a central angle of 890 48' '50", an arc length of 18.81 feet to a point on the easterly line of said lot ll; thence North 18~ 41' 04" West, 91.55 feet to the TRUE POINT OF BEGINNING. · CITY OF CHULA VISTA · · Affention: Your No OurNo lZ7867-0Z Dated as of _._ JA~Y_U_AB_Y__22.~ ...... 19 _ 8_8_ at 730 AM THERE HAVE BEEN NO CHANGES TO THE ATTACHED POLICY. BARBARA PACKWOOD 1]tie Officer LOAN pOL,Z~,"/~.970 SCHEDULE A 'DATE OF ?OLISY: OCTOBER 14, 1987 AT 3:10 P.M. AMOUNT OF :',SURANCE: $390,000.00 CHARGE: S1,510.00 POLICY NO.: 36-399-045 ORDER NO.: 117867-O1 1 NAHE OF INSURED: FIRST LA MESA BANK~ A CALIFORNIA CORPORATION 2 THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY ~ESTED IN: CHRISTIAN J. ZIEGLER AND LINDA A. ZIEGLERI HUSBAND AND WIFE~ AS JOI~T TENANTS~ AS TO AN UNDIVIDED 1/3 INTERESTw AND DENNIS E. WHITE, A SINGLE MAN, AS TO AN UNDIVIDED 1/3 INTERESTi AND DENNIS A PUGH AND TINA M. PUGHI HUSBAND AND WIFE~ AS JOINT TENANTS AS TO AN UNDIVIDED 1/3 INTEREST 3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED IN SCHEDULE C AND WHICH --- IS ENCUMBERED BY THE INSURED MORTGAGE IS A FEE ,. THE MORTGAGE HEREIN REFERRED TO AS THE INSURED MORTGAGE, AND THE ASSIGNMENTS THEREOF, IF ANY, ARE DESCRIBED AS FOLLOWS: A DEED Of TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW, AND ANY OTHER OBLIGATIONS SECURED THEREBY: AMOUNT: $3g0,000.00 DATED: SEPTEMBER 25, 1987 TRUSTOR: CHRISTIAN J. ZIEGLER AND LINDA A. ZIEGLER~ HUS- BAND AND WIFE~ AS JOINT TENANTS AS TO AN UNDI- VIDED ONE-THIRD INTEREST~ AND DENNIS E. WHITE~ A SINGLE MAN~ AS TO AN UNDIVIDED ONE-THIRD INTEREST~ AND DENNIS A. PUGH AND TINA M. PUGH~ HUSBAND AND WIFE~ AS JOINT TENANTS AS TO AN UNDI- VIDED ONE-THIRD INTEREST TRUSTEE: FIRST LA MESA BANK~ A CORPORATION BENEFICIARY: FIRST LA MESA BANK# A CALIFORNIA CORPORATION RECORDED: OCTOBER 14, 1987 AS FILE/PAGE NO. 87-579980 OF OFFICIAL RECORDS pobzc t57o 0766 , . OW~E~'S Poczc'< 8-1970 ~'.jER NO, 117867-01 SCHEDULE B PART I THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR: 1987-1988 PAYABLE BUT NOT YET DUE. 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANYi ASSESSED PURSUANT TO THE PRO- VISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE, OF THE STATE OF CALIFORNIA. 3. AS EASEMENT OR RIGHT OF WAY FOR THE CONSTRUCTION AND MAINTENANCE OF FLUMES, CANALS, OR AOUEDUCTS, CONVEYED BY DEED FROM FRANK. A. KI~.!BALL AND WARREN C. KIMBALL TO KIMBALL BROTHERS WATER COMPANY, A COR- PORATION, DATED JUNE 9, 1869 AND RECORDED IN BOOK 7, PAGE 124 CV DEEDS. THE INTEREST IN SAID GRANTEE IN AND TO SAID EASEMENT HAS SINCE PASSED TO AND NOW VESTS OF RECORD IN THE CALIFORNIA WATER AND TELEPHONE COMPANY# A CORPORATION. 4. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: CITY OF CHULA VISTA "' PURPOSE: PUBLIC STREET AND HIGHWAY PURPOSES RECORDED: APRIL 13, 1981 IN BOOK 4053, PAGE 373 OF OFFICIAL RECORDS AFFECTS: THE SOUTHERLY 11 FEET OF THE EASTERLY 187 FEET OF FIVE ACRE LOT 11, OUARTER SECTION 150 ACCORDING TO THE MAP THEREOF NO. 505, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 13, 1888 5. ANY EASEMENTS NOT DISCLOSED BY THOSE PUBLIC RECORDS WHICH IMPART CONSTRUCTIVE NOTICE AND WHICH ARE NOT VISIBLE AND APPARENT FROM AN INSPECTION OF THE SURFACE OF SAID LAND. 0767 -- ,FA LOA4 POLZCf 1~7,3 SCHEDULE B PART II IN ADDITION TO THE N~uI~TTERS SET FOI~TH IN PART I OF THIS SCHEDULE, THE TITLE TO $A~D ESTATE OR INTEREST IN THE LAND DESCRIBED DR REFERRED IN SCHEDULE C l$ SUBJECT TO THE FOLLOWING MATTERS, IF ANY BE SHOWN, BUT THE COMPANY ENSURES THAT SUCH MATTERS ARE SUBORDINATE TO THE OR CHARGE OF THE INSURED MORTGAGE UPON SAID ESTATE OF INTEREST. NONE 0768 SCHEDULE C THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: ALL THAT PORTION OF 10 ACRE LOT 11 IN QUARTER SECTION 150 OF CHULA VISTA, IN THE CITY OF CHULA VISTA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO THE MAP THEREOF NO. 505, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 13, 1888, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF SAID LOT 11 WHICH IS 10.00 FEET NORTHERLY FROM THE SOUTHEASTERLY CORNER OF SAID LOT 11; THENCE NORTHERELY ALONG SAID EASTERLY LINE 108.00 FEET TO THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO THEODORE R. ANDERSON, ET UX, RECORDED FEBRUARY 7, 1949 IN BOOK 3103, PAGE 78 OF OFFICIAL RECORDS; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID ANDERSON'S LAND 123.00 FEET, MORE OR LESS, TO THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO GEORGE J. ANDERSON, ET UX, RECORDED JANUARY 26, 1955 IN BOOK 5509, PAGE 516 OF OFFICIAL RECORDS; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LAND TO AN INTERSECTION WITH THE SOUTHERLY LINE OF LAND DESCRIBED IN PARCEL 1 IN DEED TO THEODORE R. ANDERSON, ET UX, RECORDED MARCH 13, 1943 IN BOOK 1469, PAGE 323 OF OFFICIAL RECORDS; THENCE EASTERLLY ALONG SAID SOUTHERLY LINE 123.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO CITY OF CHULA VISTA, RECORDED OCTOBER 20, 1960 AS FILE/PAGE NO. 209059 OF OFFICIAL RECORDS. © . .... i-_:.,. .... ,T© '(~ o ~® · FOURTH AVE.