HomeMy WebLinkAboutReso 1988-13712 Revised 7/26/88
RESOLUTION NO. 13712
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING EASEMENT FROM CHULA
VISTA PARKVIEW LTD. FOR STREET RIGHT OF WAY AT
64 FOURTH AVENUE AND RELATED SUBORDINATION
AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista that that certain grant of easement for
street right of way at 64 Fourth Avenue executed by Chula Vista
Parkview Ltd., dated the 14th day of January, 1988, and the
related First Commercial Bank Subordination Agreement, dated
January 13, 1988, 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 easement and Subordination Agreement in the office of
the San Diego County Recorder.
Presented by Approved as to form by
J n P. L or of D. Richard Rudolf~Ajslstant
P orks City Attorney
4397a
1353
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
L,,OLA VISTA, CALIFORNIA, this 2nd dOy Of AuJ~ust
19 88 , by the following vole, to--wil:
AYES: Counc]]members cox, McCandliss, Nader, Malcolm, Moore
NAYES: Counci] members None
ABSTAIN: Cound]members None
ABSENT: Council members None
Chula Vista
S .FE 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 o full, true ond correct copy of
RESOLUTION N0. 13712 ,ond lhot the some hos not been omendedor repealed
CC-660
1345 88 395711
WIDEN RECORDED, PLEASE }tAIL
THIS INSTRUMENT TO:
~ 0 ~ F ~,DS
- ityof Chuia Vista 88
/.' O. BOx 1087
NO TRANSFER TAX DUE
SPACE ABOVE FOR RECORDER'S USE ONLY
Assessor ' s Parcel
No. 565-140-04, 05, 06
Easement for Street Purposes
CHUIA VISTA PARKVIEW LTD., a California Limited Partnership
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
follows:
THE EASTERLY 2.00 FEET OF THE F~LLOWING DESCRIBED REAL PROPERTY:
ALL THAT PORTION OF 10 ACRE LOT 14, IN QUARTER SECTION 150 OF
CHULA VISTA, 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 NORTHEASTERLY CORNER OF SAID LOT 14; THENCE,
SOUTHERLY ALONG THE EASTERLY LINE THEREOF, SOUTH 18 36' 15" EAST,
214.55 FEET; THENCE, LEAVING SAID EASTERLY LINE, SOUTH 71 22' 19"
WEST, 290 FEET TO A POINT IN THE EASTERY LINE OF THE LANDS
CONVEYED BY DAVID A. BATES AND ALICE BATES, HUSBAND AND WIFE, TO
MRS. MAUD MAYBERRY MILLARD, MAY 10, 1911, BY DEED RECORDED IN
BOOK 513, PAGE 339 OF DEEDS; THENCE, NORTHERLY ALONG SAID
EASTERLY LINE, NORTH 18 36' 15" WEST, 214.46 FEET TO A POINT IN
THE NORTHERLY LINE OF SAID LOT 14; THENCE, EASTERLY ALONG SAID
NORTHERLY LINE, NORTH 71 21' 16" EAST, 290 FEET TO THE POINT OF
BEGINNING.
!-E-77
/
· STREET DEDICATION PLAT
EXHIBIT "A"
LEGAL DESCRIPTION
THE EASTERLY 2.00 FEET OF THE FOLLOWING DESCRIBED REAL PROPERTY:
ALL THAT PORTION OF 10 ACRE LOT 14, IN QUARTER SECTION 150 OF
CHULA VISTA, 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 NORTHEASTERLY CORNER OF SAID LOT 14; THENCE,
SOUTHERLY ALONG THE EASTERLY LINE THEREOF, SOUTH 18 36' 15" EAST,
214.55 FEET; THENCE, LEAVING SAID EASTERLY LINE, SOUTH 71 22' 19"
WEST, 290 FEET TO A POINT IN THE EASTERY LINE OF THE LANDS
CONVEYED BY DAVID A. BATES AND ALICE BATES, HUSBAND AND WIFE, TO
MRS. MAUD MAYBERRY MILLARD, MAY 10, 191'1, BY DEED RECORDED IN
BOOK 513, PAGE 339 OF DEEDS; THENCE, NORTHERLY ALONG SAID
EASTERLY LINE, NORTH 18 36' 15" WEST, 214.46 FEET TO A POINT IN
THE NORTHERLY LINE OF SAID LOT 14; THENCE, EASTERLY ALONG SAID
NORTHERLY LINE, NORTH 71 21' 16" EAST, 290 FEET TO THE POINT OF
BEGINNING ·
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FILE NO
:
'1350
SUBORDINATION AGREEMENT
WHEREAS, 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 I~S ATTACHED)
AND WHEREAS, FIRST COMjNIERCIAL BANK
is hereinafter known as the BENEFICIARY; and FIRST COmmERCIAL BAN](
is hereinafter known as the TRUSTEE as of the date of this instrument under
that certain deed of trust executed by
to secure note for ($2,442,500.00
with interest dated June 25, 1987 and recorded
in Official Records of the San Diego County Recorder, covering the property
hereinabove described, as Instrument No. 87-356308
· ~ . Chula Vista Parkview
IA Y firm d P
i AND WHEREAS, the BENEFIC R af s that ca i c~ ia neral'partnerf~q owner
~ and holder of the hereinabove described 4~rus~ ~ee~ no~]9~, an
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, 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 t TRUSTEE have caused this
instrument to be executed this /3 day o~,~ , 198~.
AS TRUSTEE: ~ ~ AS BENEFICIARY:
WPC 2435E