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HomeMy WebLinkAboutCC RESO 16,000RESOLUTION NO. 16,000 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING RESOLUTION NO. 15,970 WHEREAS, on. June 6, 1989, the City Council adopted Resolution No. 15,970, directing recordation of a quitclaim deed from Bryan Whelchel; and WHEREAS, the deed received from Bryan Whelchel, dated May 12, 1989, was a grant deed rather than a quitclaim deed; and WHEREAS, it is appropriate to amend Resolution No. 15,970 to correct this discrepancy. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that Resolution No. 15,970 is hereby amended by substituting the phrase "grant deed" wherever the phrase "quitclaim deed" appears in said Resolution. PASSED and ADOPTED this 20th day of June, 1989.}9. George H. Waters, Mayor ATTEST: Lori Anne es, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney After recording Mail To: { personally geared City of National City Civic Center 1243 National City Blvd. National City, California 92050 Attn: City Clerk no documentary tax due, per Revenue and Taxation Code 11922 (amended) recording requested by City of National City This space for recorder's use APN 558-190-19 GRANT DEED FOR A VALUABLE CONSIDERATION, BRYAN WHELCHEL HEREBY GRANT(S) to the City of National City, a municipal corporation, in the County of San Diego, State of California; all that real property situated in the City of National City, County of San Diego, State of California, described as follows: Dated . STATE OF CALIFORNIA. COUNTY OF SEE EXHIBIT "A" ENCLOSED } SS. On before me, the under signed . otary Public in and for said County and State, , known to me to be the person wh e name subscribed to the within instrument and knowledged that executed the same. Signature of Notary SEAL v-- 'Cart£oti Yippin --71' Witness CERTIFICATE OF ACCEPTANCE This is to certify that the interest in Real Property con- veyed by this instrument to the City of National City, a municipal corporation is hereby accepted by order of the City Co ncil per Resolution No. .�(f.QO.1, dated ..65g.017 and the Grantee consents to the recorda- tion thereof by its duly authorized officer. Dated .lc P/ �! %�`• Q LS.. a ..- i£17:1:.2- L1 National City 1' pt. No. 6 4.O 1 Ref. ALGE1ZT ByEN4triEERDate Ckd. W•77 Date 2V28l d9 RE-2 — 5-7, STATE OF CA1 IFORNIA COU , in the year_ -, 1 on roved to be such by the oath ersonally appear to be the person whose name mme duly sworn, c personally personally known to me (or p who being y a who is personally known to a witness thereto, to the within instrument as Br an Whelchel deposed and said, That resides at that in of a credible witness NTY OF day of County and State, be d"s 12t--heed, a Notary Public in and for said before me, theundels'�' Carlton Pi SS. to be the subscribed to the within and annexed known to described in, and whose name is person a that the affiant subscribed--� instrument, ame execute the same, n. Warne thereto a ess to said execution. _ •o 1 it was present and saw , personally County and State 1 EXHIBIT "A" BEING A PORTION OF LOT "D" OF BLOCK 8 OF LINCOLN ACRES ORCHARD SUBDIVISION ACCORDING TO MAP THEREOF N0. 1785 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, EXCEPT THE WESTERLY 24.00 FEET OF SAID LOT "D", LYING WESTERLY OF A LINE 42.00 FEET EASTERLY OF, MEASURED AT RIGHT ANGLES TO OR RADIALLY TO, THE FOLLOWING DESCRIBED CENTERLINE OF PROPOSED EUCLID AVENUE: BEGINNING AT A POINT ALONG THE CENTERLINE OF 16TH STREET, SAID CENTERLINE ALSO BEING THE NORTHERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF QUARTER SECTION 107 OF RANCHO DE LA NACION ACCORDING TO MAP THEREOF N0. 166 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, 66.00 FEET EASTERLY OF THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF QUARTER SECTION 107; THENCE SOUTH 18'59'32" EAST, 99.97 FEET TO THE BEGINNING OF A TAN6,ENT 1400.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE., SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 9°23'39", AN ARC LENGTH OF 229.54 FEET; THENCE, TANGENT TO THE PRECEDING CURVE, SOUTH 9° 35'53" EAST, 58.71 FEET TO THE POINT OF BEGINNING OF A TANGENT 1400.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 9°33'59", AN ARC LENGTH OF 233.75 FEET; THENCE, TANGENT TO THE PRECEDING CURVE, SOUTH 19°09'52" EAST, 42.85 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF QUARTER SECTION 107, 19.00 FEET EASTERLY OF THE SOUTHWEST CORNER THEREOF. TOGETHER WITH THE GRANT OF A PERMANENT EASEMENT TO CONSTRUCT, RECONSTRUCT OR MAINTAIN SLOPES, SAID EASEMENT LIES EASTERLY OF THE HEREIN ABOVE DESCRIBED LINE AND WESTERLY OF A LINE DRAWN FROM A POINT ON THE NORTHERLY LINE OF LOT "B" OF SAID MAP N0. 1785, 66.28 FEET WESTERLY OF THE NORTHEASTERLY CORNER OF LOT "B" AND A POINT ON THE SOUTHERLY LINE OF LOT "D" , 94.60 FEET WESTERLY OF THE SOUTHEAST CORNER OF LOT "D". ALSO, THE GRANTING OF A PERMANENT EASEMENT AND RIGHT-OF-WAY TO CONSTRUCT, RECONSTRUCT, MAINTAIN, OPERATp AND REPAIR DRAINAGE FACILITIES INCLUDING ANY OR ALL APPURTENANCES THERETO, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS, OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 5 FEET WIDE, THE WESTERLY LINE OF SAID FOOT STRIP BEING THE HEREIN ABOVE DESCRIBED LINE. NAT'L C7TY ENCB..'DEPT. No. (04 O1 r 558-190-I - BYMEIrgr} DATE C:. 4)., DATE 2 2% 8'CKD DATE RECORDING REQUESTED BY AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW. MAIL TAX STATEMENTS TO: NAME STREET ADDRESS CITY, STATE ZiP T Bryan Whelchel 1723 Orange St. National City, CA 92050 TITLE ORDER NO ESCROW NO APN 558-190-01 SPACE ABOVE THIS LINE FOR RECORDER'S USE QUITCLAIM DEED THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX is $ Lot- line adjustment ❑ computed on full value of property conveyed, or ❑ computed on full value less value of liens or encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The City of National City, a municipal corporation, in the County of San Diego, State of California. hereby remise, release and forever quitclaim to Bryan Whelchel the following described real property in the County of San Diego In witness deed to be resolution City of National City , State of California: see Exhibit "A" whereof, the City of National City has caused this executed by its mayor and City clerk, pursuant to of the City council authorizing such execution. Dated STATE OF CALIFORNIA COUNTY OF' On before me, the undersigned, a Notary Public in and for said State, personally appeared 7 SS. to be the person whose name instrument and acknowledged that WITNESS my hand and official seal. known to me subscribed to the within executed the same. Signature The City of National City Mayor ofr/ said City (This area for official notarial seal) Title Order No. Escrow or Loan No MUNICIPAL CORPORATION FORM STATE OF ,e . ss. COUNTY OF 5' ,t ,, i7, e ON THIS 27'day of T , 19 5-7, before me, the undersigned, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared 6'e o,- f e I-V- g , known to me to be the Mayor, and d .-; Ah e Ye <j is s , known to me to be the City Clerk of the c ; ,-,o i /4%4- r:. a/ / , the municipal corporation -that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the municipal corporation therein named, and acknowledged to me that such municipal corpora- tion executed the same. my hand and official seal. OFFICIAA 'is&At DAVID L. SHELDON Notary Public -California SAN DIEGO COUNTY My Comm. Exp. Sept. 1, 1992 Notary Public in and for said County and State EXHIBIT "A" BEING A PORTION OF LOTS "B" AND "C" OF BLOCK 8 OF LINCOLN ACRES ORCHARD SUBDIVISION ACCORDING TO MAP THEREOF NO. 1785 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, EXCEPT THE SOUTHERLY 50.00 FEET OF SAID LOT "C", LYING EASTERLY OF A LINE 42.00 FEET EASTERLY OF, MEASURED AT RIGHT ANGLES TO OR RADIALLY T0, THE FOLLOWING DESCRIBED CENTERLINE OF PROPOSED EUCLID AVENUE: BEGINNING AT A POINT ALONG THE CENTERLINE OF 16TH STREET, SAID CENTERLINE ALSO BEING THE NORTHERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF QUARTER SECTION 107 OF RANCHO DE LA NACION ACCORDING TO MAP THEREOF NO. 166 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, 66.00 FEET EASTERLY OF THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF QUARTER SECTION 107; THENCE SOUTH 18°59'32" EAST, 99.97 FEET TO THE BEGINNING OF A TANGENT 1400.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 9°23'39", AN ARC LENGTH OF 229.54 FEET; THENCE, TANGENT TO THE PRECEDING CURVE, SOUTH 9° 35'53" EAST, 58.71 FEET TO THE POINT OF BEGINNING OF A TANGENT 1400.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 9°33'59", AN ARC LENGTH OF 233.75 FEET; THENCE, TANGENT TO THE PRECEDING CURVE, SOUTH 19°09'52" EAST, 42.85 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF QUARTER SECTION 107, 19.00 FEET EASTERLY OF THE SOUTHWEST CORNER THEREOF. RESERVING, HOWEVER, FROM SAID PARCEL, A PERMANENT EASEMENT TO CONSTRUCT, RECONSTRUCT OR MAINTAIN SLOPES, SAID EASEMENT LIES EASTERLY OF THE HEREIN ABOVE DESCRIBED LINE AND WESTERLY OF A LINE DRAWN FROM A POINT ON THE NORTHERLY LINE OF LOT "B", 66.28 FEET WESTERLY OF THE NORTHEASTERLY CORNER OF LOT "B" AND A POINT ON THE SOUTHERLY LINE OF LOT "D" OF SAID MAP NO. 1785, 94.60 FEET WESTERLY OF THE SOUTHEAST CORNER OF LOT "D". ALSO, RESERVING A PERMANENT EASEMENT AND RIGHT-OF-WAY TO CONSTRUCT, RECONSTRUCT, MAINTAIN, OPERATE AND REPAIR DRAINAGE FACILITIES INCLUDING ANY OR ALL APPURTENANCES THERETO, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS, OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 5 FEET WIDE, THE WESTERLY LINE OF SAID 5 FOOT STRIP BEING THE HEREIN ABOVE DESCRIBED LINE. RECORDING REQUESTED BY STREET ADDRESS CITY, STATE I ZIP 1 AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO. NAME r- Bryan Whelchel 1723 Orange Street National City, CA 92020 J TITLE ORDER NO ESCROW NO SPACE ABOVE THIS LINE FOR RECORDER'S USE QUITCLAIM DEED THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX is $ ❑ computed on full value of property conveyed, or ❑ computed on full value less value of liens or encumbrances remaining at time of sale, and Lot line adjustment FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The City of National City, a municipal corporation, in the County of San Diego, State of California hereby remise, release and forever quitclaim to Bryan Whelchel the following described real property in the County of San Diego see Exhibit City of National City , State of California: • In witness whereof, the City of to be executed by its mayor and of the City council authorizing Dated Ta h e 2 3 .1 g cl 9 STATE OF CALIFORNIA COUNTY OF' SA n 1,/ C o on 70 e 2 J / 91.9 National City has caused this deed City clerk, pursuant to resolution such execution. 1 Ss. 1 before me, the undersigned, a Notary Public in and for said State, personally appeared to be the person whose name instrument and acknowledged that WITNESS my hand and official seal. known to me subscribed to the within executed the same. Signature The City of National City By: ¢,e:10. Mayor of said City Atteitz. d"u C'awa_Ic.K�7 ,47 Ci y Clerk of said City (This area for official notarial seal) Title Order No. Escrow or Loan No MUNICIPAL CORPORATION FORM STATE OF C,a /i ss. COUNTY OF 5 ,a i e> 0 ) ON THIS 23 =day of tT w s7 e , 19 8f , before me, the undersigned, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Ge o r, e. i7'. i4.---4 e e r J , known to me to be the Mayor, and L.,; % r c 3'e.�- ira , known to me to be the City Clerk of the c, -ej 0f , 4 f.0n.o/ e, y_ CA , the municipal corporation -that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the municipal corporation therein named, and acknowledged to me that such municipal corpora- tion e ec -..__�_.same. my hand and official seal. OFFICINES S DAVID L. SHELDON Notary Public -California SAN DIEGO .COUNTY My Comm. Exp. Sept. 1,1992 Notary Public in and for said County and State (This area for official notarial seal) Title Order No Escrow or Loan No EXHIBIT "A" BEING A PORTION OF THE SOUTHERLY 50.00 FEET OF LOT "C" OF BLOCK 8 OF LINCOLN ACRES ORCHARD SUBDIVISION ACCORDING TO MAP THEREOF NO. 1785 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, LYING EASTERLY OF A LINE 42.00 FEET EASTERLY OF, MEASURED AT RIGHT ANGLES TO OR RADIALLY TO, THE FOLLOWING DESCRIBED CENTERLINE OF PROPOSED EUCLID AVENUE: BEGINNING AT A POINT ALONG THE CENTERLINE OF 16TH STREET, SAID CENTERLINE ALSO BEING THE NORTHERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF QUARTER SECTION 107 OF RANCHO DE LA NACION ACCORDING TO MAP THEREOF NO. 166 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, 66.00 FEET EASTERLY OF THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF QUARTER SECTION 107; THENCE SOUTH 18°59'32" EAST, 99.97 FEET TO THE BEGINNING OF A TANGENT 1400.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 9° 23' 39" , AN ARC LENGTH OF 229.54 FEET; THENCE, TANGENT TO THE PRECEDING CURVE, SOUTH 9° 35'53" EAST, 58.71 FEET TO THE POINT OF BEGINNING OF A TANGENT 1400.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 9°33'59", AN ARC LENGTH OF 233.75 FEET; THENCE, TANGENT TO THE PRECEDING CURVE, SOUTH 19°09'52" EAST, 42.85 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF QUARTER SECTION 107, 19.00 FEET EASTERLY OF THE SOUTHWEST CORNER THEREOF. RESERVING, HOWEVER, FROM SAID PARCEL, A PERMANENT EASEMENT TO CONSTRUCT, RECONSTRUCT OR MAINTAIN SLOPES, SAID EASEMENT LIES EASTERLY OF THE HEREIN ABOVE DESCRIBED LINE AND WESTERLY OF A LINE DRAWN FROM A POINT ON THE NORTHERLY LINE OF LOT "B", 66.28 FEET WESTERLY OF THE NORTHEASTERLY CORNER OF LOT "B" AND A POINT ON THE SOUTHERLY LINE OF LOT "D" OF SAID MAP NO. 1785, 94.60 FEET WESTERLY OF THE SOUTHEAST CORNER OF LOT "D". ALSO, RESERVING A PERMANENT EASEMENT AND RIGHT-OF-WAY TO CONSTRUCT, RECONSTRUCT, MAINTAIN, OPERATE AND REPAIR DRAINAGE FACILITIES INCLUDING ANY OR ALL APPURTENANCES THERETO, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS, OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 5 FEET WIDE, THE WESTERLY LINE OF SAID 5 FOOT STRIP BEING THE HEREIN ABOVE DESCRIBED LINE. ENGR. DEPT. No. GC, .� Si N AND REIM EXCHANGE ESCROW INSTRUCTIONS To Cs.ONITWEMAL LAND TIRE COMPANY Escrow No 616881 1330 Fourth Avenue Date April 24, 1989 San Diego, CA 92101 (619) 234-7192 Tarry B. Eliseo, Certified Escrow Officer SClfc IS GRAMORSEVALUAT) 1 J S nPP helnw* $ CPP hP1nw* 1.*This is an unpriced exchange as agreed upon between the parties hereto, but for the 2. purposes of title insurance policy premiums, documentary transfer taxes and escrow fees, 1 you are to consider the Schedule "A" property to have an exchange value of $60,000.00, 4. and the Schedule "B" property to have an exchange value of $57,500.00. 6. BRYAN WHELCHEL, hereinafter referred to as First Party; and 7 CITY OF NATIONAL CITY, a Municipal corporation, 8. hereinafter referred toot Second A7rty 9. 10. Said parties, for an in consideration of the mutual covenants and agreements hereinafter contained agree to exchange their respective 11. properties hereinafter described upon the terms and in the manner set forth in these instructions. 12. 13. the property first party agrees to convey and second party is to receive is set forth in the following Schedule "A" and shall be vested in 14. CITY OF NATIONAL CITY, a Municipal Corporation 15. 16. 17. SCHEDULE "A" 18. 19. You are to obtain your usual standard form CLTA Owner's policy of title insurance with a liiobiltty of 211 00,000.00 on that certain real properly described as follows: 21. 22. Being a portion of Lot "D" of Block 8 of Lincoln Acres Orchard Subdivision according 41 to Map thereof No. 1785 filed in the office of the County Recorder of said San Diego Y4. County, except the Westerly 24.00 feet of said Lot "D", BEING MORE PARTICULARLY 21 DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. 26. 27. 28. FREE OF ENCUMBRANCES EXCEPT: 29. All General and Special Taxes for the fiscal year 1989 -19 90 . including personal property taxes, if any, and 30. special District Levies. payment of which is included and collected therewith and the hen of supplemental taxes, if any. assessed pursuant to 31. the provisions of Chapter 498, Statutes of the State of California. 32. Covenants, conditions, restrictions, reservations, easements. rights. rights of way of record and any oil or mineral reservations of record. 33. 34.********************************* 35. 36. CLOSE OF THIS ESCROW IS CONDITIONED UPON acceptance of the Grant Deed and authorization 37. for the expenditure of the funds necessary to purchase said property by the City 38. Council of the City of National City. Deposit into escrow of the resolution by the 39. City of National City accepting said deed and authorizing the expenditure shall 40. constitute satisfaction of this condition. 41. 42. THE CLOSE OF THIS ESCROW IS FURTHER CONDITIONED UPON CITY'S APPROVAL OF the exceptions 43 to title as reflected in a Preliminary Title Report to be issued and mailed to City 44 at the address set forth in these instructions prior to close of escrow. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. CONTINUED ON PAGE TWO E-106A (Page 1) 8/84 Escrow No. 616881 Dde April 24, 1989 1. The property second party agrees to convey and first party is to receive is set forth in the folbwing Schedule "8' and shall be vested in 2' BRYAN WHELCHEL, an unmarried man 5. SCHEDULE "B" 6. 7. You are to obtain your usual standard form CLTA Owner's policy of tifie insuronce with o liability of 8. $ 57,500.00 on that certain -real properly described as follows: 9. 10. Being a portion of Lots "B" and "C" of Block 8 of Lincoln Acres Orchard Subdivision, 1t according to Map thereof No. 1785 filed in the office of the County Recorder of 12• San Diego County, and being a portion of the southerly 50.00 feet of Lot "C" of 13. Block 8 of Lincoln Acres Orchard Subdivision, ALL BEING DESCRIBED ON EXHIBIT "B" 14. ATTACHED HERETO AND MADE A PART HEREOF, CONSISTING OF TWO PAGES. 15. 16. FREE OF ENCUMBRANCES EXCEPT: 17. All General and Special Taxes for the fiscal year 1989 -1990 . including personal properly taxes. if any. and 18. special District Levies. payment of which is included and collected therewith and the lien of supplemental taxes. if any, assessed pursuant to 19. the provisions of Chapter 498, Statutes of the State of California. 20. Covenants, conditions, restrictions, reservations, easements, rights, rights of way and any oil or mineral reservations of record. 21. 22. *et************************ 23. 24Escrow holder is instructed to obtain and pay demand for Full Reconveyance of the 25 trust deed of record in favor of Great Western Savings, including recording of 26. reconveyance and trustee's fee, charging City of National City's account for same 27. at close of escrow. No prepayment penalty. 28. 29 AS MEMORANDA IN THIS ESCROW WITH WHICH CONTINENTAL LAND TITLE COMPANY IS IN NO WAY 30. TO BE CONCERNED, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO THAT CITY 31. SHALL: 32. (a) Remove or demolish the existing residential structure located on Lot "D". 33. 34• (b) Move a two bedroom house, which is presently located at 2407 20th Street, 35• National City, onto Lot "C" as a replacement dwelling for the existing 36. residential structure on Lot "D" to be removed or demolished as set forth 37. hereinabove. 38. 39• (c) Install temporary utility connections to the replacement dwelling on Lot "C" 40• to allow occupancy by Whelchel. Said temporary connections will be replaced 41. with permanent connections during the construction of Euclid Avenue 42. 43• (d) Whelchel shall retain the right to occupy the existing residential structure 44 until such time as the two bedroom house, with additions, has been completed 45• and passed final inspection. 46. 47. (e) Whelchel agrees to move all personal property from the existing residential 48. structure within ten days of final inspection of the moved -on house (replace- 49• ment dwelling). 50. 51. (f) The City agrees to add to the moved -on two bedroom house an addition of 260 52. square feet as outlined on Exhibit 2 attached. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. CONTINUED ON PAGE THREE (Page 2) " Escrow No. 616881 Date April 24, T 9Ag 1. MAKE ADJUSTMENTS AND PRORATIONS OF THOSE ITEMS HEREINAFTER CHECKED AS OF NO PRORATIONS 2. L.L. Taxes, except taxes on personal property not conveyed trough this escrow on current year's tares on Schedule "A and 3. Schedule"B" properties. However, in the event the escrowcbses ofterJu►y1 and before the c rrenttaxes ore pubficlyposted 4. and published you are instructed to praote the taxes based upon the immediately preceding year's taxes unless the parties to the 5. esaow furnish you wtth an amount mulualy agreed to which sum stall be used as the basis for said proration. 6. LL_ ntereston deer(s) of irustotrecord based on stotemen(s) furnished you bythe beneficiary(s) on Schedule "A" and 7. Schedule "El" properties. 8. / / Me unpaid principal balance(s) of the bar(s) of record to Terrain as shown on beneficiary statemer s) "s more a less than the 9. amounKs) shown hereh adjust difference occordngly n 10. 11. 12. 1L Rentals based on statements) handed you and approved by both parties on Schedule "A" and Schedule "B' 13. properties. 14. LL Security deposits, cleaning fees and odvance rents as shown on rental statement(s) are to be charged to conveying party and 15. credited to acquiring party. 16. L / Premiums on fre insurance policies handed you on Schedule "A' and Schedule"6' properties, unless escrow holder 17. Is advised that new insurance policies have been seared. 18. LL homeowner's association fees on____ Schedule "A" and Schedule "B' properties. 19. LL FHA Mortgage Insurance a Fterrrurr(s) on Schedule "A" and Schedule "6' properties. 20. LL Any impounds shown on beneficiary statements) are to be charged to acquiring party and credited to conveying party. 21. 22. 23. PRIOR TO MAY 22, 1989, wit 24. requied to consummate the exchange of said properties and to enable you to complywith these instructions. alt of which you are authorized 25. and instructed to use and/or der on or before said date when you hold in this escrow for the respective parties hereto any money and 26. instruments delveroble to each 27. 28. 29. The C i ty ogrees to payon demand al charges and expenses incurred byyou on behalf of each partyregardless d the consummation of 30. this escrow, including charges for title insurance. for obtaining beneficiary statement(s) and/or demond(s), and for drawing and 31. aclnowtedging documents; fa recording documents and your esaow fee as charged. indicate on Schedule "A deed 32. and on Schedule "B' deed S none require ocumentary transfer tax and charge the accounts of the City of. 33. National City. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. CONTINUED ON PAGE FOUR E-106( ) (Page 3) 8/84 Escrow No. 616881 Date April 24, 19R9 1. MANADJUSTMENTS AND PRORATIONS OF THOSE ITEMS HEREINAFTER CHECKED AS OF NO PRORATIONS. iE 2. LL Taxes. except taxes on personal property not conveyed trough this escrow on current years taxes on Schedule "A" and 3. Schedule"B' properties. However. it the event the escrow cbses afterJuN1 and before the currenttaxes are publicly posted 4. and published you are instructed b prorate tie taxes based upon the errnedio1etypreaeding years totes unless the parties tattle 5. escrow furnish you wOh an amount mu uayagreed to which sum shall be used as the basis for saki proration. 6. LL htereston deeds) of trustof record based on statements) furnished you bythe beneficiary(s) on Schedule"A" and 7. Schedule "B' properties. 8. .L.L tt tine unpaid principal balance(s) of the loans) of record to remain as shown on beneficiary statement(s) is more or less than the 9. amount(s) shown herein. eh adjust difference accordingly in 10. 11. 12. LL Rentais based on statement(s) handed you and approved by both parties on Schedule "A" and Schedule "B' 13. properties. 14. LL Security deposits. leaning fees and advance rents as shown on rental statemen(s) are b be charged to conveying party and 15. credited b acquiring party. 16. LL Remiurru on fire insurance policies handed you on Schedule "A' and_ Schedule"B' properties, unless escrow holder 17. h advised that new insurance policies have been secured. 18. / / Homeowners association fees on Schedule "A" and Schedule "B' properties. 19. LL FHA Mortgage Insurance Remturr(s) on Schedule "A" and Schedule "B' properties. 20. LL Any impounds shown on beneficiary statement(s) are b be charged to acquiring party and credited to conveying party. 21. 22. 23. PRIOR TO MAY 22, 1989, , each party will hand you al funds and instruments 24. required to consummate the exchange of said properties and to enable you to comply/v.4th these ilstructions. °lot which you are authorized 25. and instnrled to use and/or deliver on a before said date when you hold in this escrow for the respective parties hereto any money and 26. instruments del arable to eoch 27. 28. 29. The City ogress to payon demand al charges and eopenses incurred byyou on behalf of each party regardless of the consummation of 30. this escrow, including charges for title insurance. for obtaining beneficiary statement(s) and/or demond(s), and for drawing and 31. acknowledging documents; for recording documents and your escrow fee as charged. Inchoate on Schedule "A" deed S f F 00 32. and on Schedule "B' deed $ none rec)uireCilocumentary transfer tax and charge the accounts of the City of 33. National City. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. CONTINUED ON PAGE FOUR 6-106(8) (Page 3) 8/84 GENERAL PROVISIONS 1. NI fords received In this escrow shall be deposited with otter funds In a general escrow fund account or accounts dCONTINDITAL LAND TITLE CON4ANY with a State a National Bank qualified to do business h the State of California. AM disbursements shall be mode by check d CONTINENTAL LAND TIRE COMPANY. The principals to this escrow are hereby notified that the funds deposited herein are insured only to the limit provided by Federal Deposit Insurance Carporatlo n. 2. You ore authorized to prepare,obtain. record and deliver Me necessary Instruments to carry out the terms and conditions of this escrow and to Order to be Issued at close d escrow the policy d title insurance as called for in these instructions. Close of escrow shall mean the date instruments are recorded. 3. AM adjustments and proratbns shall be mode on the bosh of a 30 day month. 4. As my agent, you are instructed to assign any fire and camolhy iraurancepo$cydeANered toyou and to secure any endorsements required in the performance of these instructions. You may assume Not sold policy is In full force and effect and that all premiums due hove been paid. 5. You are not to be held accountable or Noble for the sufficiency or correctness as to form, manner ofexecufion, a validity of any Instrument deposited in this escrow, nor as to the Identify. authority a rights of any person executing the some. Your duties hereunder shall be Whited to the proper handling of such money and the proper safekeeping of such instruments. or Other documents received by you as escrow holder. and for the disposition of same In accordance with the written Instructions accepted by you in this escrow. 6You shalt have no responsibility of ratifying me or any of the parries to this escrow of any sole. resale. loon. exchange or other transaction erg ony property herein described or d any profit realized by any person. firm or corporation in connection therewith, regardless of the foct that such transaction(s) may be handled by you in this escrow or in another escrow. 7. No notice, demand or change of instructions shall be ofany effect in this escrow unless given in writing by all parties affected thereby. In the event o demand for the funds on deposit in this escrow's mode. not concurred in by all parties hereto. the escrow holder, regardless of who made demand therefor. may elect to do any of the follow ng: (1) After thirty days from the date escrow holder was first notified that the escrow is to be cancelled and/or demand fa funds was mode. absent mutually concurring instructions providing fa payment d funds and the disposition to be mode of this escrow. the escrow holder may return dl funds and documents to the paties depositing some, and without liability therefor. (ii) Withhold and stop all further proceeding in. and performonce of. this escrow pending a resolution of any conflict by and between the parties hereto. (ii1) Fie a suit in interpleader and obtain an order from the court allowing escrow holder to deposit all funds and documents in court and have no further liability hereunder. 8. M the conditions of this escrow have not been complied with at the time herein provided. you are nevertheless to complete the same as soon as the conditions (except as to time) hove been complied with. unless 1 shall have mode written demand upon you for the return of money and instruments deposited by me. 9. All parties hereto agree. jointly and severally, to pay on demand. as well as to indemnify and hold you harmless from and against all costs. damages. judgements, attorney's fees. expenses obligations and liabilities of any kind or nature which, in good faith, you may incur a sustain in correction with this escrow. whether arising before a subsequent to the close of this escrow. 10. You are authorized to Punish copies d these instructions. any supplements or amendments thereto. notices of cancellation and closing statements to the real estate broker(s) and lender(s) named in this escrow. 11. These instructions may be executed in counterparts. each of which so executed. shall. irrespective of the dated its execution and delivery be deemed an original. and said counterparts together shall constitute one and the some instrument. 12. These instructions shall become effective as on escrow only upon the delivery thereof to the escrow holder signed by all parties thereto. 13. Any funds abandoned or remaining unclaimed. after good faith efforts hove been made by the escrow holder to return some to the party( ies) entitled thereto. shall be assessed a holding fee of S50.00 annually. After seven years the amount thereafter remaining unclaimed may escheat to the State Of California. 14. All documents. closing statements. and bolonces due the parties to this escrow are to be moiled by ordinary mail to said parties at the addresses shown opposite their signatures. unless otherwise instructed. RRST PARTY Bryan Whelchel 1723 Orange Street. National City, CA 92050 (Address) (Zone) (Telephone) (Address) (Zone) (Telephone) (Address) (Zone) (Telephone) (Address) SECOND PARTY CITY OF y IINAL CITY, a Municipal Corporation BY: Burton.. Myers, C y Engineer (Zone) (Telephone) (Address) (Zone) (Telephone) 1243 National City Blvd., National City, CA 92050 (Address) (Zone) (Telephone) (Address) (Zone) (Telephone) (Address) (Zone) (Telephone) 6106 (rn (Pape 4) Continental Land Title Company ESTIMATED ESCROW STATEMENT Lawyerssjide Insurance Crporation TO: City of National City, a Municipal Corporation Property Address 1723 Orange St., Nat. City, CA Escrow No 616881 Downtown Estimated date Documents Recorded DERIIS May 22, Branch CREIXFS 19 89 Total Consideration for Schedule "A" ppty Total Consideration for Schedule "B" ppty Deposits Deposits Paid Outside of Escrow New Note and Trust Deed New Note and Trust Deed Unpaid principal balance - Trust Deed of record Axrhangp vat up rrprti t Adjustment of impounded funds Lender charges: Beneficiary Statement Fee Assumption Fee/Change of Records Fee Pro rata interest at %on $ from to Pro rata taxes $ from to Pro rata rents S from to Security deposits Advance rentals Pro rata insurance premium $ from to Commission: CLTA Owner's for Sched. "A" ppty Policy of Title Insurance CLTA Owner's for Sched. "B" ppty Documentary Transfer Tax for Sched. "A" ppty Reconveyance Fee Recording: Deed 55.00Trust Deed Reconveyance Recording Sub Escrow Fee Paid Taxes Assessments Escrow fee for Sched. "A" ppt y Escrow Fee: Sale for Sched. "B" Loan Loan Tie-in Fee Document Preparation Fee: Deed Trust Deed Demand for reconveyance of Trust Deed: Principal Great Western Bank Interest at $ 5.634 /per day from 4-1-89 to 5-23-89 Forwarding and Reconveyance Fee Prepayment penalty Late Charge Demand for reconveyance of Trust Deed: Principal Interest at $ /per day from to Forwarding and Reconveyance Fee Prepayment penalty New Loan Charges: Loan Fee Appraisal Fee Credit Report Tax Service Document Preparation MMI or PMI Loan Discount Impounds Interest at $ /per day from to Homeowner's Association Fees Termite Report/Completion Certificate Pad for adjustments Check Herewith Balance due this company TOTAL 60,000 00 440 432 66 00 00 00 55 00 25 00 500 DO 500 DO 21,348 298 75 98 50 D0 11 L4 100 00 83,851 72 57,500 0 0 2,5no on 23.851 83.851 72 7 2 E-121 8/84 CCIJ:10 Continental Land Title Company •w...x•.._04.1or rr MANIMcas...on....a..,.•.u„NY:a...e..leW:,c.,a..y......a_o...c..........:....c..•• la s t} 11330 Fourth Avenue Subsidiary of San Diego, CA 92101 (619) 234-7192 Date: May 8, 1989 TO: CONTINENTAL LAND TITLE COMPANY Downtown Office 1330 Fourth Avenue San Diego, CA 92101 Re: Escrow No. 616881 Attn: Tamy Eliseo, r Escrow Officer I (We) have read Preliminary Title Report No. Lwyerslide Insurance Crporatto 134933-05 dated May 4, 1989 , and approve the Policy of Title Insurance to be issued to me (us) as required by my instructions to include as encumbrances therein items ` 5c roc J rave;' 1).-feed , in addition to those specific items described in my escrow instructions or created by me (us). CITY OF NATIONAL CITY, a Mun' i 1 corporation B . u on IS. Myersty Engineer J 4542 Ruffner Street San Diego. Caurorrra 92111 • PO Sox A-1631. San Diego. Cabbala 92112 . 16191 278-4171 TI 130311 �. CERTIFICATE OF COMPLIANCE NO. ® ADJUSTMENT PLAT NO. ENGINEERING DEPARTMENT CITY OF NATIONAL CITY pia vl�••••••� SCALE/:1"a' 100' y%.ir.s'Pa 7't' e>//�.v' i;r ?4. p�?.. ' ' N.IN 4:1 0wNca • (� NAr70 17I 558-N f EX/SrI t1 BOUNDARY b SiYANWNELC//EL 558-190.19 CDSZOASA0f.c.1 70 REMAIN •os'son L j 92.73' (N70.5fr f47.50=MAP1785) r OWNE,P: CITYOI NATIONAL n rj.iN'L J - CITY SS8-190-04 :r,RES (l'L` OAP r `;;4y()i1✓0:1,, LEGAL DESCRIPTION BEING A LOT L /NEADJUSTMENT /N LOTS B'C' AND 'D'BL0CK8 DI L/NCOLNACRES ORCHARD ESTATES SUBDIVISION, MAPNo.1785, ALL BE/NO IN TUCC/TYOFNAT/ONAL C/TY, M- UNTYOfSAN D/EGO, STATE orcALIFORN/A. • • ZONING PARCEL 1: RS 2 PARCEL 2 : RS2 AREAS „.1 ? PARCEL / : f0,277.30 SQ. FT. Q.�>f� d��PARCEL 2 : >3,578 SQ. FT. ± USAGE PARCEL 1: SINGE FAMILY PARCEL 2 : ST:PEET(EUCL/O AYE.) AND SLOPER/OHTS EASEMENT 2�01 b � O � g F$ ri Lyi to, b •• o F OWNER CITYOFNAT/ONAL C/TY ADDRESS 1249NATIONAL C/TYBLYD.,NAT/ONAL CITY, ADD .I i' rJOUE NO. 336-4200 CALIF ,.•10141 NIA S; .1.1•wt SIGr.tTURE VICINITY MAP NOT TO SCALE OWNER _ BQYAN WHELONCL ADDRESS-1723ORANOEST.,NATIONAL C/TY,CAL// PHONE NO. -• 920.50 St""" ..SURE HAP PREPARED BY ALOEQT ENGINEER/NG, INC. ADDRESS 428BROADWAY, MIA OVA. CA. 92010 PHONE N0.-420-7090 R.E. NO./9073 APPROVAL S• PLANNING DEPT.: BY:. DATE: E SINEERING DEPA'ITT'ENT: BY• DATE• JAMES N. ALGERT RECORDATION: RECORDED BY COUNTY RECORDER: DOCII.IENT iO1. DATE: EXHIS r_I_ J.N.4539 AGREEMENT This agreement is made and entered into this 24th day of January, 2989 , by and between the City of National City, hereinafter referred to as "CITY," and Bryan Wbelchel, hereinafter referred to as "WHELCHEL." This agreement is made with reference to the following recitals: A. CITY is the owner of the parcels of real property designated respectively as Parcels "A," "B," and "C" shown on the map attached hereto as Exhibit "1." B. WHELCHEL is the owner of the parcel of real property designated as Parcel "D," excepting the westerly 24 feet of said parcel, shown on the map attached hereto as Exhibit "1." NOW, THEREFORE, the parties hereto agree as follows: 1. Within thirty days of the date of this agreement, CITY shall convey to WHELCHEL those portions of Parcels "B" and "C" outlined in blue on the attached Exhibit "1"; however, CITY shall retain the following: a) An easement to maintain a slope over the area shaded in green on the attached Exhibit "1." b) An easement for drainage purposes over the area shaded in brown on the attached Exhibit "1." c) CITY shall retain all portions of Parcels "B" and "C" not outlined in blue on the attached Exhibit "1." 2. Within thirty days of the date of this agreement, WHELCHEL shall convey to CITY the following: a) That portion of Parcel "D" shaded in red on the attached Exhibit "1," in fee. b) An easement to maintain a slope over the area shaded in green on the attached Exhibit "1." c) An easement for drainage purposes over the area shaded in brown on the attached Exhibit "1." d) The existing residential structure located on Parcel "D." 3. As soon as practicable after the above conveyances are completed, recorded, and accepted by CITY, CITY shall: a) Remove or demolish the existing residential structure located on Parcel "D." ,, „,, / Q. Move a two bedroom house, which is presently located ��" at 2407 20th Street, National City, onto Parcel "D" as a replacement dwelling for the existing residential structure on Parcel "D" to be removed or demolished as set forth hereinabove. c) Install temporary utility connections to the replacement dwelling on Parcel "D" to allow occupancy by WHELCHEL. Said temporary connections will be replaced with permanent connections during the construction of Euclid Avenue. � � 4. A 1dcosts of this exchange shall be borne by CITY. (:::: lt>helck€ sX a kelg, . Y,`Shl 4 o czu.P y h"Is beer) P t' 7h5peei%17+. - 2 - Ce) rv,J Asp -� Y7 4f ;a/4»//4(s PQ l P�e�y ..�,-v✓n. e�tS,4�x1 TC1? sh 5 m $ 74- 9% l%tjpPc/; 'n B7 ) lohed� O>-t `j�rj£e- e (ve/°/Ace P dwe/l• (-4 7 e c)4 R ,,ees f o Ao'd --k -C ma mac/ �^- -7/14) 0 beclholpry. X50 «f-e 4y a 0101M m el oleo - anti 5. WHELCHEL, in conveying the property set forth in Paragraph 2, shall transfer to CITY good and marketable title, as evidenced by a California Land Title Association standard coverage title insurance policy issued by a title company selected by CITY, in the amount of $60,000.00, insuring that title to the property is free and clear of all title defects, liens, encumbrances, conditions, covenants, restrictions, and other adverse interests of record or known to WHELCHEL, subject only to those exceptions approved by CITY in writing. 6. WHELCHEL warrants that he owns the property being conveyed to CITY free and clear of all liens, licenses, claims, encumbrances, easements, encroachments on the property from adjacent properties, encroachments by improvements on the property onto adjacent properties, and rights of way of any nature not disclosed by the public record. 7. WHELCHEL is not in default under any contract, note, or encumbrance relating to the Property. 8. Time is of the essence in this agreement. 9. This agreement and the attached Exhibits constitute the entire agreement., and sets forth all consideration passing between the parties, relating to the conveyance of the property described herein. Any prior agreements, promises, negotiations, or representations not expressly set forth in this agreement are of no force and effect. Any amendment to this agreement shall be of no force and effect unless it is in writing and signed by CITY and WHELCHEL. - 3 10. This agreement shall be binding on and inure to the benefit of the parties to this agreement and their heirs, personal representatives, successors, and assigns, except as otherwise specifically provided in this agreement. CITY OF NATIONAL CITY BY -c" C %cc.is r At L-' /d (J GEORGE`%� H. WATERS, MAYOR BRYAN WHELCHEL - 4 Whelchel Acquisition Appraisers estimate of Fair Market Value $65,000 Deduct for depreciated Value of Garage 3,200 (Garage remains on new parcel) $62,800 Net Fair Market Value (Say) $63,000 Maxim mn relocation entitlement $15,000 $78,000 Less Pay off of 1st T.D. Note $21,500 more or less by the City Net Available to Whelchel $57,500 more or less Value of land to be conveyed (penalized due to access and irregular shape) Cost to move replacement house and place on foundation with hook-ups and finish Cost of 260 sq. ft. add on (@30.00/sq. ft.) to meet canparable living area replacement requirement. (1) and (2) equal amount available for move -on rehabilitated and add -on. $33,7000 $16,600 (1) 7,200 (2) $57,500 • EXHIBIT 'A' BEING A PORTION 9? LOT '0" OF BLOC[ 8 07 LINOOLN ACRES ORCHARD SUBDIVISION ACCORDING TO MAP THEREOF N0. 1783 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SQN DIEGO COUNTY, EXCEPT TEE WESTERLY 24.00 FEET OF SAID LOT '0', LYING WESTERLY OF A LINE 42.00 FEET EASTERLY OF, MEASURED AT RIGHT ANGLES TO OR RADIALLY TO, THE FOLLOWING DESCRIBED CENTERLINE Of PROPOSED EUCLID AVENUE: BEGINNING AT A POINT ALONG THE CENTERLINE OF 16TH STREET, SAID CENTERLINE ALSO BEING THE NORTHERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF QUARTER SECTION 107 OF RANCHO DE LA NACION ACCORDING TO MAP THEREOF NO. 166 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, 66.00 FEET EASTERLY OF THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF QUARTER SECTION 107; THENCE SOUTH 18' 39'32' EAST, 99.97 FEET TO THE BEGINNING OF A TANGENT 1400.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE., SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL 'ANGLE OF 9' 23'39', AN ARC LENGTH OF 229.54 FEET; THENCE, TANGENT TO THE PRECEDING CURVE, SOUTH 9. 35'33' EAST, 38.71 FEET TO THE POINT OF BEGINNING OF A TANGENT 1400.00 FOdT RADIUS CURVE. CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 9'33'39', AN ARC LENGTH OF 233.73 FEET; THENCE, TANGENT TO THE PRECEDING CURVE, SOOTS 19909'32' EAST, 42.85 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF QUARTER SECTION 107, 19.00 FEET EASTERLY OF THE SOUTHWEST . CORNER THEREOF. TOGETHER WITH THE GRANT OF A PERMANENT EASEMENT TO CONSTRUCT, RECONSTRUCTOR MAINTAIN SLOPES, SAID EASEMENT LIES EASTERLY OF THE HEREIN ABOVE DESCRIBED LINE AND WESTERLY OF A LINE DRAWN FROM A POINT ON THE NORTHERLY LINE OF LOT 'B' OF SAID NAP N0. 1783, 66.28 FEET WESTERLY OF THE NORTHEASTERLY CORNER OF LOT 'B' AND A POINT ON THE SOUTHERLY LINE OF LOT '0' , 94.60 FEET WESTERLY OF THE SOUTHEAST CORNER OF LOT 'D'. ALSO, THE GRANTING OF A PERMANENT EASEMENT AND RIGHT-OF-WAY TO CONSTRUCT, RECONSTRUCT, MAINTAIN, OPERATE AND REPAIR DRAINAGE FACILITIES INCLUDING ANY OR ALL APPURTENANCES THERETO, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS, OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 5 FEET WIDE, THE WESTERLY LINE OF SAID 5 FOOT STRIP BEING THE HEREIN ABOVE DESCRIBED LINE. NATI. CITY tx01'..'DEPT. No. 6) 0 SYSATE CL_ ).r. DATE 2Ly , 8 ' CKD�,� DATE EXHIBIT "B • BEING A PORTION OF LOTS "B" AND "C" OF BLOCK 8 OF LINCOLN ACRES ORCHARD SUBDIVISION ACCORDING TO MAP THEREOF NO. 1783 PILED IN ?HE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, EXCEPT TUE SOUTHERLY 30.00 FEET OF SAID LOT "C", LYING EASTERLY OF A LINE 42.00 FEET EASTERLY OF, MEASURED AT RIGHT ANGLES TO OR RADIALLY TO, THE FOLLOWING DESCRIBED CENTERLINE OF PROPOSED EUCLID AVENUE: BEGINNING AT A POINT ALONG THE CENTERLINE OF 16TH STREET, SAID CENTERLINE ALSO BEING THE NORTHERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF QUARTER SECTION 107 OF RANCHO DE LA NACION ACCORDING TO MAP THEREOF KO. 166 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, 66.00 FEET EASTERLY OF THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF QUARTER SECTION 107; THENCE SOUTH 18°59'32' EAST, 99.97 PEET TO THE BEGINNING OF A TANGENT 1400.00 FOOT RADIOS CURVE, CONCAVE WESTERLY; THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE, TROUGH A CENTRAL ANGLE OF 9°23'39", AN ARC LENGTH OF 229.54 FEET; THENCE, TANGENT TO THE PRECEDING CURVE, SOUTH 9° 33'33" EAST, $8.71 FEET TO THE POINT OF BEGINNING OF A TANGENT 1400.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 9°33'59% AN ARC LENGTH OF 233.75 FEET; THENCE, TANGENT TO THE PRECEDING CURVE, SOUTH 19°09'52" EAST, 42.85 FEET TO A POINT OK THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF QUARTER SECTION 107, 19.00 FEET EASTERLY OF THE SOUTHWEST CORNER THEREOF. RESERVING, HOWEVER, FROM SAID PARCEL, A PERMANENT EASEMENT TO CONSTRUCT, RECONSTRUCT OR NAINTAIN.SLOPES, SAID EASEMENT LIES EASTERLY OF THE HEREIN ABOVE DESCRIBED LINE AND WESTERLY OF A LINE DRAWN FROM A POINT ON THE NORTHERLY LINE OF LOT "B", 66.28 FEET WESTERLY OF THE NORTHEASTERLY CORNER OF LOT "B" AND A POINT ON THE SOUTHERLY LINE OF LOT "D" OF SAID MAP NO. 1785, 94.60 FEET WESTERLY OF THE SOUTHEAST CORNER OF LOT D. ALSO, RESERVING A PERMANENT EASEMENT AND RIGHT-OF-WAY TO CONSTRUCT, RECONSTRUCT, MAINTAIN, OPERATE AND REPAIR DRAINAGE FACILITIES INCLUDING ANY OR ALL APPURTENANCES THERETO, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS, OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 3 FEET WIDE, THE WESTERLY LINE OF SAID 5 FOOT STRIP BEING THE HEREIN ABOVE DESCRIBED LINE. EXHIBIT "B' BEING A PORTION OF THE SOUTHERLY 50.00 FEET OF LOT "C" OF BLOCK 8 Of LINCOLN ACRES ORCHARD SUBDIVISION ACCORDING TO NAP THEREOF NO. 1785 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, LYING EASTERLY OF A LINE 42.00 FEET EASTERLY OF, MEASURED AT RIGHT ANGLES TO OR RADIALLY TO, THE FOLLOWING DESCRIBED CENTERLINE OF PROPOSED EUCLID AVENUE: BEGINNING AT A POINT ALONG THE CENTRELINE OF 16TH STREET, SAID CENTERLINE ALSO BEING THE NORTHERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF QUARTER SECTION 107 OF RANCHO DE LA NACION ACCORDING TO MAP THEREOF N0. 166 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, 66.00 FEET EASTERLY OF THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF QUARTER SECTION 107; THENCE SOUTH 18°59'32' EAST, 99.97 FEET TO THE BEGINNING OF ♦ TANGENT 1400.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE.OF 9°23'39", AN ARC LENGTH OF 229.54 FEET; THENCE, TANGENT TO THE PRECEDING CURVE, SOUTH 9° 35'53" EAST, 58.71 FEET TO THE POINT OF BEGINNING OF A TANGENT 1400.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 9°33'59", AN ARC LENGTH OF 233.75 FEET; THENCE, TANGENT TO THE PRECEDING CURVE, SOUTH 19°09'52" EAST, 42.85 FEET TO ♦ POINT ON THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF QUARTER SECTION 107, 19.00 FEET EASTERLY OF THE SOUTHWEST CORNER THEREOF. RESERVING, HOWEVER, FROM SAID PARCEL, A PERMANENT EASEMENT TO CONSTRUCT, RECONSTRUCT OR MAINTAIN SLOPES, SAID EASEMENT LIES EASTERLY OF THE HEREIN ABOVE DESCRIBED LINE AND WESTERLY OF A LINE DRAWN FROM A POINT ON THE NORTHERLY LINE OF LOT "B", 66.28 FEET WESTERLY OF THE NORTHEASTERLY CORNER OF LOT "B" AND A POINT ON THE SOUTHERLY LINE OF LOT "D" OF SAID MAP N0. 1785, 94.60 FEET WESTERLY OF THE SOUTHEAST CORNER OF LOT D. ALSO, RESERVING A PERMANENT EASEMENT AND RIGHT-OF-WAY TO CONSTRUCT, RECONSTRUCT, MAINTAIN, OPERATE AND REPAIR DRAINAGE FACILITIES INCLUDING ANY OR ALL APPURTENANCES THERETO, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS, OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 5 FEET WIDE, THE WESTERLY LINE OF SAID 5 FOOT STRIP BEING THE HEREIN ABOVE DESCRIBED LINE. • Ex6;46,flt •-•___L7 2 3 olvsia )4-,r•YZ •Wtt- AstAti __Io4;j2.A%'. a get&-terC4l • et. vt ; 211 t/2011414, AAuetWtAJ •ve614.1.es" ••••••••' Aft •Nalma• misom.• row .000•"•"; ••••••••.,, Exh: 414