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HomeMy WebLinkAboutCC RESO 10,883RESOLUTION NO. 10,883 RESOLUTION .ORDERING RECORDING OF ACCESS RELINQUISHMENT INSTRUMENTS BE IT RESOLVED by the City Council of the City of National City, California as follows: Pursuant to Resolution No. 7083, the. City Clerk is hereby ordered to execute a Certificate of Acceptance and to record the following instruments: RELINQUISHMENT OF ACCESS RIGHTS., Z. Ray Holder and Carlma Jean Holder dated August 25, 1972. SUBORDINATION OF DEED. OF TRUST TO RELINQUISHMENT OF ACCESS RIGHTS, Z. Ray Holder and Carlma Jean Holder dated September 7, 1972. AGREEMENT between the City of National City and Ray Holder dated November 13, 1972.. PASSED AND ADOPTED this 14th day of November, 1972. ATTEST: VICE MAYOR CITY CL 11-SD-5-R10.8/Ril.1 11359-144301 Agree. ir11-0067 R/W 22752 RELINQUISHNEENT OF ACCESS RIGHTS I (We) Z. RAY HOLDER and CARLMA JEAN HOLDER NC Res. 10,883 being the owner(s) of the real property in the City of National City, County of San Diego, State of California described as: Those portions of Lots 13, 14, 15, 16 and 17 of Block 119 of NATIONAL CITY, in the City of National City, County of San Diego, State of California, according to Map thereof No. 348, filed in the office of the County Recorder of San Diego County, October 2, 1882, lying Easterly of the following described line: Beginning at a point on the Southerly line of said Block 119, distant S.72°14'25"W., 81.62 feet from the Southeasterly corner of said Block 119; thence N.17°07'17"E., 142.75 feet to the Easterly line of said Block 119, do hereby release and relinquish to the CITY OF NATIONAL CITY, any and all abutter's rights of access appurtenant to the above de- scribed property in and to adjacent 10th Street (Plaza Boulevard) over and across the following described line: Beginning at a point distant along the Southerly.prolonga- tion of the Easterly line of said Block 119, S.17°45'35"E., 16.00 feet from the most Easterly corner of said Block 119; thence S.64°59'15"W., 55.44 feet to a point distant at right angles S.17°45'35"E., 23.00 feet from the Southerly line of said Diock 119; thence parallel with said Southerly line S.72°14'25"W., 42.66 feet to a point distant S.17°07'17"W., 28.04 feet from the Southerly line of said Block 119. This conveyance is made for the purpose of relocating the existing Interstate 5 northbound off -ramp at 9th Street to loth Street (Plaza Boulevard), and it is agreed that grantor(s) above described property shall have no access thereto over and across the above described line. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of 19 rt�� , IRIS IS TO CERTIFY THAT THE IN(F.nL �1 IN REAL PROPERTY Cuii- VEYED BY T:•IE DEED OR CRi1N1 DATED August. _2.5.,.. 1.97.2... FROM Z. Ray Holder & Carlma Jean Holder TO THE CITY ur NATION M. CITY. A POLITICAL CORPORATION AND/ OR GOVERNMENT AGENCY. IS HEREBY ACCEPTED BY ORDER Ur 1 it CITY COUNCIL ON.Noveml+er 14, 1972 AND IDE ;lit•.N;• CONSENTS TO THE RECORDATION THEREOF BY ITS DULY AUlHUL'I_t; OFFICER. DATED: Nov.. 15, 1972 CITY CTERIS , J l Gc i ( T-tc2 ..171..r1C NC Res. 1O.881 1! (I: t" 11-SD-5--R10.8/R11.1 11359-144301 Agree. J11-0067 RN 22752 SUBORDINATION OF DEED OF TRUST TO RELINQUISHMENT OF ACCESS. RIGHTS NC Res. 10,883 For value received CONTINENTAL AUXILIARY COMPANY, a California corporation, Trustee, and BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, a national banking association, beneficiary, under that certain Deed of Trust executed by Z. RAY HOLDER an.dCARLMA JEAN HOLDER, husband and wife, trustors, dated July 19, 1967 and recorded August 9, 1967 as File No. 117797, Official Records of the County of San Diego, State of California, hereby agree that a relinquishment of access rights as set forth in that certain instrument described as Relinquishment of Access Rights executed by Z. RAY HOLDER and CARLMA JEAN HOLDER dated the 25TH day of .AUGUST , 19 72 , and to be recorded con- currently herewith, shall be and remain paramount, prior and superior to, and forever bind the interests of the undersigned under said Deed of Trust for all purposes as fully as though said Relinquishment of Access rights had been executed and delivered prior to the creation of said Deed of Trust and the latter made and accepted specifically subject and subordinate thereto. The undersigned, BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, a national banking association, Beneficiary under said Deed of Trust, hereby requests CONTINENTAL AUXILIARY COMPANY, a California corporation, Trustee thereunder to join in the execution hereof. DATED THIS 7 BANK OF AMERICA NATIONAL By: By :,! l`'r:=-r l CONTINENTAL AUXILIARY COMPANY By � A f day of, , 1972 / TRUST AND SAVINGS ASSOCIATION Subscribed and swore to uefere me 7Zlc f;> r� t this.dayut�r..�,.:_... C:r• Net:Iry t`ur In and for the State of Ceilrtornra, `Clr • -of •Sar 'tYiego. .HIS IS'0 CERkjr; THAT THE'I,YIE., 1 1,T REAL PROPERTY CLJ - VEYED by THE C.rE i OR GRANT D,ATEG_-.Segt.embeL_2._ 19.72 _„ .....Ray..Halder..-&._Carlma..-Jean. FIolder.... +U THE CITY OP' iTIONAL CITY, A POLITICAL CORPORATION AND/ OR GOVE;RN4IE N t AGENCY, IS HEREBY ACCEPTED BY ORDER OF THE CITY COUNCIi ON...November-- 14--19-72A'ID THE'uFANTEE CONSENTS TO THE RECGRUATION TH&REOF EY ITS DULY AUTHORIZEC OFFICER. DATED: Nov . 15, 1 72--/.: t s f, eITY CLE fjK - -" -'' NC Res. 10,883 d. ,fl ; or t 4`'. NC Res. 10,883 AGREEMENT 13th day of AGREEMENT made and entered into thois1lationth City, a of This mber is hereby and between the City herein called November 1972 by Holder, mu- nicipal corporation herein called "CITY" andRay "SELLER". RECITALS Whereas, CITY desires that an off -ramp be constructed by others from Interstate Route 5 northbound to Plaza Boulevard, adjacent to SELLER'S property, and Plaza Boulevard as ra- Whereas, CITY requires.Access Rights along and byle this reference ted on Exhibit "A" dated June 5, 1972, attachedmade a part of this AGREEMENT, and Whereas, SELLER is agreeable to relinquish said Access Rights to CITY, Now therefore, in consideration of the RECITALS CITALa aand the mutualgrees obl igaws: tions of the parties herein expressed, and to 1. SELLER agrees to relinquish any and all Access Rights along Plaza Boulevard within the limits of SELLER'S property as illustrated on Exhibit "A". upon award by others of the Plaza Boulevard Off- 2, CITY shall, (a) P payto SELLER the Off - ramp $500.00construction and (b) cause theto a cconstruction rofa driveway to SELLER'S amount of from and (b) resent driveway on Plaza property Coolidge Avenue to SELLER'S p Bou- levard. and (b) provided for in paragraph 2 above, 3. SELLER agrees that Items (a) Access Rights shall constitute the entire compensation for relinquishing to CITY as illustrated on Exhibit "A". 4. CITY shall, upon completion of work on the Plaza BouvardPlazaramp, initiate street vacation procedures on the excess portions Boulevard adjacent to SELLER'S property. Ino tatness Whereoff, the parties hereto have caused this AGREEME2o tth and be executed, the'p"rovisions of which are effective as of the day, year first hereinabove written. SELLER CITY OF NATIONAL CITY Reis IS 10 CEI;I ifY THAT THE ll TE I-1 'REAL O 13 Y CON— VEYED BY THE NED Of. GP,ANT GA1ED....Nov_ !Tom Ray Holder 4THE CITY OF NATIONAL CITY. A POLITICAL CORPORATION AND/ I.)R GOVERNMENT AGENCY, IS HERELY ACCEPTED DY ORDER OF THE CITY COUNCIL ONNovember_i. .1._.1972AND 1HE CRANIEE CONSENTS TO THE RECORDATION THL- EOF dY ITS DULY AUTHORIZED jlr,I{.th Nov. 15, C137z CITY CLERK] • "i9GGEs5 FT' :5 7 /3E ,e4fG/N57G//5/,1S R4-A-14:2 y ©rflE s. /6 Cc, .Mf,-=t.ec Ga/is 7: .Sf/o ��✓ /"/ S 7X) r , 4,v ¢v lciuc, /0iCO P lit t\A N n/EW Z/NC POG: ,R 7 C4'/o 3 S/h' tiSJP3at) • - ' I DRAWN BY . CHECKED BY CITY OF NATIONAL CITY _ "� - ! \..%I/Z-_Yj"fly. Z/C%ye%L/% ''---C7.%';-/,..0L�._ ,mot/�. DATEw t/Q`` SCALE DRAWING NO. 1