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HomeMy WebLinkAbout2007 CON CDC Sweetwater Authority - Subordinance / Deed of TrustNOTE TO FILE 04-20-10 IN THE MATTER OF: Resolution of the CDC authorizing the Chairman to execute a Subordination of a CDC Deed of Trust to an Easement being granted to the Sweetwater Authority. Please note the following: A FULLY EXECUTED ORIGINAL SUBORDINATION WAS NEVER FILED WITH THE OFFICE OF THE CITY CLERK ORIGINATING DEPARTMENT: _ CDC Housing & Grants X City Attorney _ Human Resources _ City Manager _ MIS Community Svcs. _ Planning Engineering _ Police _ Finance _ Public Works Fire • 11-27-07 - Checked with Pat Beard with CDC • 11-29-07 - Requested Colby Young with CDC to follow up NTF Assessor's Parcel # 551-590-15,-16, -17 551-570-17 Project Name: Pacific View Estates Subordination of Beneficiary of Deed of Trust In consideration of the mutual benefits arising from the granting of the foregoing easement to the Sweetwater Authority, and for other good and valuable consideration, the undersigned, as beneficiary under that certain deed of trust, recorded in the Office of the San Diego County Recorder on December 29, 2005, as File/Page No. 2005- 1117857, encumbering said property, consents to the granting of the aforesaid easement and unconditionally waives, relinquishes and subordinates the lien or charge of said deed of trust to said easement, and agrees that the easement shall at all times be an interest in said property prior and superior to the lien or charge of said deed of trust. Dated: November 12, 2007 The Community Development Commission of tional Ci Frank Parra, V ee-Chairman For: Ron Morrison, Chairman CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �Cz�v`�.c�C•.�lz�r�.:=:^.c�^.�"^xr�`.rC`.c�2^,^.�ft�'n.��-C.� �,,,,c�Ci.-rr�a.�'i"-�"' '.nY� — �`..r�_.�".crP.�P,.Ct`����%. State of California County of SaAl. D t Cio On A%? U, a 2007 before me, ��.TV1 Lire 11` C ti -ecdi Etc Date personally appeared ss. Name and Title of Officer (e.g., "Jane Doe, Notary Public") FfCtykcisco r �cl� Name(s) of Signer(s) Place Notary Seal Above impersonally known to me L 'proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: • Individual ❑ Corporate Officer — Title(s): C Partner — ❑ Limited ❑ General ❑ Attorney in Fact • Trustee LJ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here • Individual • Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact LI Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1-800-876-6827 RECORDING OF THIS DOCUMENT REQUESTED FOR THE BENEFIT OF SWEETWATER AUTHORITY. And When Recorded, Please Mail To: Sweetwater Authority P.O. Box 2328 505 Garrett Avenue Chula Vista, CA 91912-2328 Attn.: Engineering Department Assessor's Parcel No.: 551-570-17, 551-590-15, 16, & 17 Project Name: Pacific View Estates Water Easement (SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY) DOCUMENTARY TRANSFER TAX - NONE SWEETWATER AUTHORITY Rita Schoonderwoerd Secretary of the Board EASEMENT PACIFIC VIEW ESTATES, LLC does hereby grant to Sweetwater Authority, a Joint Powers Agency, a public agency formed pursuant to Government Code Section 6500 et. seq., its successors and assigns, an easement for the purpose of installing, operating, maintaining, replacing and repairing water mains, services pipes, the right of ingress and egress for such purposes, and appurtenances thereto within: A portion of "Pacific View Estates" Subdivision in the City of National City, County of San Diego, State of California according to Map thereof No. 15556 , as filed in the Office of the County Recorded of San Diego County May 29, 2007. More particularly described in Exhibit 'A,' and depicted in Exhibit 'B' attached hereto, and by this reference made a part hereof. EXHIBIT A Assessor's Parcel # 551-590-15, -16, -17 551-570-17 Project Name: Pacific View Estates Subordination of Beneficiary of Deed of Trust In consideration of the mutual benefits arising from the granting of the foregoing easement to the Sweetwater Authority and for other good and valuable consideration, the undersigned, as beneficiary under that certain deed of trust, recorded in the Office of the San Diego County Recorder on December 29, 2005; as File/Page No. 2005-M7.857, encumbering said property, consents to the granting of the aforesaid easement and unconditionally waives, relinquishes and subordinates the lien or charge of said deed of trust to said easement, and agrees that the easement shall at all times be an interest in said property prior and superior to the lien or charge of said deed of trust. The Community Development Commission Of the City of National City (signature) RON MORRISON (print name) CHAIRMAN (Title) (Signatures must be acknowledged) I:\engr\Dev\Pacific View Estates\Cor\subordination_PVEdoc EXHIBIT "A" LEGAL DESCRIPTION FOR WATER EASEMENT AN EASEMENT FOR A WATER LINE, WATER LATERALS, AND INCIDENTAL PURPOSES LOCATED IN A PORTION OF "PACIFIC VIEW ESTATES", IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP TIIEREOF NO. 15556, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE SOUTHERLY SUBDIVISION LINE OF SAID "PACIFIC VIEW ESTATES" WHICH BEARS S 72°15'25" W A DISTANCE THEREON 96.70 FEET TO THE SOUTHWESTERLY CORNER OF SAID "PACIFIC VIEW ESTATES" SUBDIVISION, SAID POINT BEING THE POINT OF BEGINNING; THENCE N 17°47' 14" W 25.90 FEET; THENCE N 11°06'48" W 56.34 FEET; THENCE S 78°53' 12" W 16.50 FEET TO A LINE PARALLEL WITH AND 3.50 FEET WESTERLY FROM THE WES TERLY LINE OF LOT 51 AS SHOWN SAID MAP NO. 15556 ; THENCE NORTHERLY ALONG SAID LINE PARALLEL WITH AND 3.50 FEET WESTERLY FROM THE WESTERLY LINE OF SAID LOT 51, N 11'06'48" W 196.73 FEET TO THE WESTERLY PROLONGATION OF A LINE PARALLEL WITH AND 2.00 FEET NORTHERLY FROM THE NORTHERLY LINE OF SAID LOT 51; THENCE EASTERLY ALONG SAID LINE PARALLEL WITH AND 2.00 FEET NORTHERLY FROM THE NORTHERLY LINE OF SAID LOT 51, N 78°53' 12" E 34.00 FEET TO THE NORTHERLY PROLONGATION OF A LINE PARALLEL WITH AND 1.00 FOOT EASTERLY FROM THE LINE COMMON TO THE EAST LINE OF LOT 51 AND THE WESTERLY LINE OF LOT 8 AS SHOWN ON SAID MAP NO. 15556; THENCE SOUTHERLY ALONG SAID LINE PARALLEL WITH AND 1.00 FOOT EASTERLY FROM SAID LINE COMMON TO LOT 51 AND LOT 8, S 11°06'48" E 75.50 FEET TO THE WESTERLY PROLONGATION OF A LINE PARALLEL WITH AND 5.00 FEET NORTHERLY FROM THE LINE COMMON TO THE NORTH LINE OF SAID LOT 51 AND THE SOUTHERLY LINES OF SAID LOT 8 AND LOTS 9 AND 10 AS SHOWN ON SAID MAP NO. 15556; THENCE EASTERLY ALONG SAID LINE PARALLEL WITH AND 5.00 FEET NORTIIERLY FROM SAID LINE COMMON TO LOT 51 AND LOTS 8 THROUGH 10, INCLUSIVE, N 78°53'12" E 127.84 FEET; THENCE N 08°44'51" W 27.02 FEET TO A LINE PARALLEL WITH AND 4.50 FEET NORTHERLY OF TIIE NORTHEASTERLY LINE OF SAID LOT 51; THENCE EASTERLY ALONG SAID LINE PARALLEL WITH AND 4.50 FEET NORTHERLY OF THE NORTHEASTERLY LINE OF SAID LOT 51, N 78°53'12" E 10.01 FEET; THENCE S 08°44'51" E 25.39 FEET; THENCE N 57°48'33" E 80.70 FEET TO A NON -TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 58.00 FEET, A RADIUS OF CURVE TO SAID POINT BEARS S 64°37'32" W, SAID CURVE BEING CONCENTRIC WITH AND 15.00 FEET EASTERLY FROM THE SOUTHWESTERLY CURVE IN THE WESTERLY BOUNDARY OF LOT 50 AS SHOWN ON SAID MAP NO. 15556 ; THENCE NORTHERLY ALONG SAID CURVE CONCENTRIC WITH AND 15.00 FEET EASTERLY FROM SAID SOUTHWESTERLY CURVE IN THE WESTERLY BOUNDARY OF SAID LOT 50 A DISTANCE OF 26.43 FEET THROUGH A CENTRAL ANGLE OF 26°06'49" TO A POINT OF TANGENCY WITH A LINE PARALLEL WITH AND 3.50 FEET WESTERLY FROM THE WESTERLY LINE OF SAID LOT 50; THENCE NORTHERLY ALONG SAID LINE PARALLEL WITH AND 3.50 FEET WESTERLY FROM THE WESTERLY LINE OF SAID LOT 50, N 00°44'21" E 165.42 FEET TO THE NORTHERLY SUBDIVISION LINE OF SAID "PACIFIC VIEW ESTATES"; THENCE EASTERLY ALONG SAID NORTHERLY SUBDIVISION LINE OF "PACIFIC VIEW ESTATES" S 89°13'18" E 39.00 FEET TO THE NORTHERLY PROLONGATION OF A LINE PARALLEL WTTH AND 4.00 FEET EASTERLY FROM THE LINE COMMON TO THE EAST LINE OF SAID LOT 50 AND TIIE WESTERLY LINES OF LOTS 37 THROUGH LOT 40, INCLUSIVE, AS SHOWN ON SAID MAP NO. 15556; THENCE SOUTHERLY ALONG SAID LINE PARALLEL WITH AND 4.00 FEET EASTERLY FROM SAID LINE COMMON TO LOT 50 AND LOTS 37 THROUGH 40, INCLUSIVE, S 00°44'21" W 165.42 FEET TO A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 19.00 FEET; THENCE SOUTHERLY AND EASTERLY ALONG SAID CURVE 29.42 FEET THROUGH A CENTRAL ANGLE OF 88°43'29"; THENCE S 00°44'21" W 9.00 FEET TO A LINE PARALLEL WITH AND 5.10 FEET SOUTHERLY FROM THE LINE COMMON TO THE NORTH LINE OF LOT 50 AND THE SOUTHERLY LINE OF LOT 42 AS SHOWN ON SAID MAP NO. 15556 ; THENCE EASTERLY ALONG SAID LINE PARALLEL WITH AND 5.10 FEET SOUTHERLY FROM SAID LINE COMMON TO SAID LOTS 50 AND 42, S 89°15'39" E 64.07 FEET TO A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 48.00 FEET; THENCE EASTERLY ALONG SAID CURVE 15.48 FEET THROUGH A CENTRAL ANGLE OF 18°28'56"; THENCE N 72°15'25" E 48.11 FEET TO THE SOUTHERLY PROLONGATION OF A LINE PARALLEL WITII AND 3.50 FEET WESTERLY FROM THE LINE COMMON TO THE WEST LINE OF SAID LOT 50 AND THE EASTERLY LINES OF 43 THROUGH 47, INCLUSIVE, AS SHOWN ON SAID MAP NO. 15556; THENCE NORTHERLY ALONG SAID LINE PARALLEL WITH AND 3.50 FEET WESTERLY FROM SAID LINE COMMON TO LOT 50 AND LOTS 43 THROUGH 47, INCLUSIVE, N 00°44'21" E 175.57 FEET TO THE NORTHERLY SUBDIVISION BOUNDARY OF SAID "PACIFIC VIEW ESTATES"; THENCE EASTERLY ALONG SAID NORTHERLY SUBDIVISION LINE OF "PACIFIC VIEW ESTATES" S 89°13' 18" E 39.00 FEET TO THE NORTHERLY PROLONGATION OF A LINE PARALLEL WITH AND 4.00 FEET EASTERLY FROM THE LINE COMMON TO TIIE EAST LINE OF SAID LOT 50 AND THE WESTERLY LINES OF LOTS 48 AND 49 AS SHOWN ON SAID MAP NO. 15556; THENCE SOUTHERLY ALONG SAID LINE PARALLEL WITH AND 4.00 FEET EASTERLY FROM SAID LINE COMMON TO LOT 50 AND LOTS 48 AND 48, S 00°44'21" W 162.51 FEET TO THE WESTERLY PROLONGATION OF A LINE PARALLEL WITH AND 5.70 FEET NORTHERLY OF THE LINE COMMON TO THE NORTH LINE OF SAID LOT 50 AND THE SOUTH LINE OF SAID LOT 49; THENCE EASTERLY ALONG SAID LINE PARALLEL WITH AND 5.70 FEET NORTHERLY FROM SAID LINE COMMON TO LOT 50 AND LOT 49, N 72°15'25" E 53.19 FEET; THENCE S 17°44'35" E 30.00 FEET TO THE EASTERLY PROLONGATION OF A LINE PARALLEL WITH AND 4.30 FEET SOUTHERLY OF TIIE LINE COMMON TO THE SOUTH LINE OF SAID LOT 50 AND LOTS 21 THROUGH 25, INCLUSIVE, AS SHOWN ON SAID MAP NO. 15556; THENCE WESTERLY ALONG SAID LINE PARALLEL WITH AND 4.30 FEET SOUTHERLY FROM SAID LINE COMMON TO LOT 50 AND LOTS 21 THROUGH 25, INCLUSIVE, S 72°15'25" W 142.43 FEET TO A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 78.00 FEET; THENCE WESTERLY ALONG SAID CURVE 25.16 FEET THROUGH A CENTRAL ANGLE OF 18°28'55" TO A POINT OF TANGENCY IN THE EASTERLY PROLONGATION OF A LINE PARALLEL WITH AND 3.60 FEET SOUTHERLY OF THE LINE COMMON TO THE SOUTH LINE OF SAID LOT 50 AND THE NORTHERLY LINE OF LOT 27 AS SHOWN ON SAID MAP NO. 15556; THENCE WESTERLY ALONG SAID LINE PARALLEL WITH AND 3.60 FEET SOUTHERLY OF SAID LINE COMMON TO LOT 50 AND LOT 27 N 89°15'39" W 63.65 FEET TO A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 58.00 FEET; THENCE WESTERLY ALONG SAID CURVE 44.54 FEET THROUGH A CENTRAL ANGLE OF 44°00'01"; THENCE S 57°48'33" W 90.04 FEET TO THE EASTERLY PROLONGATION OF A LINE PARALLEL WITH AND 5.00 FEET NORTHERLY FROM THE LINE COMMON TO THE SOUTH LINE OF SAID LOT 51 AND THE NORTHERLY LINES OF LOTS 11 AND 12 AS SHOWN ON SAID MAP NO. 15556; THENCE WESTERLY ALONG SAID LINE PARALLEL WITH AND 5.00 FEET NORTHERLY FROM SAID LINE COMMON TO LOT 51 AND LOTS 11 AND 12, S 78°53' 12" W 131.41 FEET TO THE NORTHERLY PROLONGATION OF A LINE PARALLEL WITH AND 5.00 FEET EASTERLY FROM THE LINE COMMON TO THE EAST LINE OF SAID LOT 51 AND THE WESTERLY LINES OF LOTS 12 THROUGH 14, INCLUSIVE, AS SHOWN ON MAP NO. 15556 ; THENCE SOUTHERLY ALONG SAID LINE PARALLEL WITH AND 5.00 FEET EASTERLY FROM SAID LINE COMMON TO LOT 51 AND LOTS 12 THROUGH 14, INCLUSIVE, S 11°06'48" E 151.89 FEET; THENCE S 17°47'14" E 28.82 FEET TO THE POINT OF BEGINNING; CONTAINS 0.829 ACRES (MORE OR LESS) JAMES L. MEYER, PLS 4307 DATE N78'531 m EXHIBIT "B" LEGEND E�/Z PROPOSED WATER EASEMENT. . "PACIFIC VIEW ESTATES" MAP NO. CURVE TABLE CURVE LENGTH RADIUS DELTA C1 26.43' 58.00' 26'06'49" C2 29.42' 19.00' 88'43'30" C3 15.48' 48.00' 18'28'56" C4 25.16' 78.00' 18'28'56" C5 44.54' 58.00' 44'00'00" S8913'18"E 39.00'\ FIG CT. � N � . o'‘) 0 N ZZ Q? J 4. N o j (i1 7C to s 8'5312" • " 0 m N 1.1p8'44 5102. 27.:�P 0/h I. N78'53'1% 12'7 ' 4j1 , 1417 25•90,, N7�o'C g6• 5/2'1 POB S8913'18"E 39.00' SCALE: 1 "=100' EASEMENT PLAT 3-SW- I BURKETT & WONG ENGINEERS ENGINEERS & LAND SURVEYORS 3434 4th AVE., SAN DIEGO, CA 4/10/2006 TO: FROM: RECORDING DATE: DOCUMENT NO.: PROJECT: SCALE: AS SHOWN SHEET 1 OF 1 RESOLUTION NO. 2007 — 250 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (CDC) AUTHORIZING THE CHAIRMAN TO EXECUTIVE A SUBORDINATION OF A CDC DEED OF TRUST TO AN EASEMENT BEING GRANTED TO THE SWEETWATER AUTHORITY BE IT RESOLVED by the Community Development Commission of the City of National City that the Chairman is hereby authorized to executive a subordination of the Community Development Commission Deed of Trust dated November 29, 2005, to the easement granted by Pacific View Estates, LLC to the Sweetwater Authority, as set forth in the attached Exhibit "A". PASSED and ADOPTED this 6th day of Novembj' 007. on Morrison, Chairman ATTEST: Brae Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel RECORDING OF THIS DOCUMENT REQUESTED FOR THE BENEFIT OF SWEETWATER AUTHORITY. And When Recorded, Please Mail To: Sweetwater Authority P.O. Box 2328 505 Garrett Avenue Chula Vista, CA 91912-2328 Attn.: Engineering Department Assessor's Parcel No.: 551-570-17, 551-590-15, 16, & 17 Project Name: Pacific View Estates Water Easement (SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY) DOCUMENTARY TRANSFER TAX - NONE SWEETWATER AUTHORITY Rita Schoonderwoerd Secretary of the Board EASEMENT PACIFIC VIEW ESTATES, LLC does hereby grant to Sweetwater Authority, a Joint Powers Agency, a public agency formed pursuant to Government Code Section 6500 et. seq., its successors and assigns, an easement for the purpose of installing, operating, maintaining, replacing and repairing water mains, services pipes, the right of ingress and egress for such purposes, and appurtenances thereto within: A portion of "Pacific View Estates" Subdivision in the City of National City, County of San Diego, State of California according to Map thereof No. 15556 , as filed in the Office of the County Recorded of San Diego County May 29, 2007. More particularly described in Exhibit 'A,' and depicted in Exhibit `B' attached hereto, and by this reference made a part hereof. EXHIBIT A Assessor's Parcel # 551-590-15, -16, -17 551-570-17 Project Name: Pacific View Estates Subordination of Beneficiary of Deed of Trust In consideration of the mutual benefits arising from the granting of the foregoing easement to the Sweetwater Authority and for other good and valuable consideration, the undersigned, as beneficiary under that certain deed of trust, recorded in the Office of the San Diego County Recorder on December 29, 2005; as File/Page No. 2005-1117857, encumbering said property, consents to the granting of the aforesaid easement and unconditionally waives, relinquishes and subordinates the lien or charge of said deed of trust to said easement, and agrees that the easement shall at all times be an interest in said property prior and superior to the lien or charge of said deed of trust. The Community Development Commission Of the City of National City (signature) RON MORRISON (print name) CHATRCMAN (Title) (Signatures must be acknowledged) I:\engr\Dev\Pacific View Estates\Corlsubordinalion_PVE.doc EXHIBIT "A" LEGAL DESCRIPTION FOR WATER EASEMENT AN EASEMENT FOR A WATER LINE, WATER LATERALS, AND INCIDENTAL PURPOSES LOCATED IN A PORTION OF "PACIFIC VIEW ESTATES", IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15556, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE SOUTHERLY SUBDIVISION LINE OF SAID "PACIFIC VIEW ESTATES" WHICH BEARS S 72°15'25" W A DISTANCE THEREON 96.70 FEET TO THE SOUTHWESTERLY CORNER OF SAID "PACIFIC VIEW ESTATES" SUBDIVISION, SAID POINT BEING THE POINT OF BEGINNING; THENCE N 17°47'14" W 25.90 FEET; THENCE N 11°06'48" W 56.34 FEET; THENCE S 78°53'12" W 16.50 FEET TO A LINE PARALLEL WITH AND 3.50 FEET WESTERLY FROM THE WESTERLY LINE OF LOT 51 AS SHOWN SAID MAP NO. 15556 ; THENCE NORTHERLY ALONG SAID LINE PARALLEL WITH AND 3.50 FEET WESTERLY FROM THE WESTERLY LINE OF SAID LOT 51, N 11'06'48" W 196.73 FEET TO THE WESTERLY PROLONGATION OF A LINE PARALLEL WITH AND 2.00 FEET NORTHERLY FROM THE NORTHERLY LINE OF SAID LOT 51; THENCE EASTERLY ALONG SAID LINE PARALLEL WITH AND 2.00 FEET NORTHERLY FROM THE NORTHERLY LINE OF SAID LOT 51, N 78°53' 12" E 34.00 FEET TO THE NORTI IERLY PROLONGATION OF A LINE PARALLEL WITH AND 1.00 FOOT EASTERLY FROM THE LINE COMMON TO THE EAST LINE OF LOT 51 AND THE WESTERLY LINE OF LOT 8 AS SHOWN ON SAID MAP NO. 15556; THENCE SOUTHERLY ALONG SAID LINE PARALLEL WITH AND 1.00 FOOT EASTERLY FROM SAID LINE COMMON TO LOT 51 AND LOT 8, S 11°06'48" E 75.50 FEET TO THE WESTERLY PROLONGATION OF A LINE PARALLEL WITH AND 5.00 FEET NORTHERLY FROM THE LINE COMMON TO THE NORTH LINE OF SAID LOT 51 AND THE SOUTHERLY LINES OF SAID LOT 8 AND LOTS 9 AND 10 AS SHOWN ON SAID MAP NO. 15556; THENCE EASTERLY ALONG SAID LINE PARALLEL WITH AND 5.00 FEET NORTHERLY FROM SAID LINE COMMON TO LOT 51 AND LOTS 8 THROUGH 10, INCLUSIVE, N 78°53'12" E 127.84 FEET; THENCE N 08°44'51" W 27.02 FEET TO A LINE PARALLEL WITH AND 4.50 FEET NORTHERLY OF THE NORTHEASTERLY LINE OF SAID LOT 51; THENCE EASTERLY ALONG SAID LINE PARALLEL WITH AND 4.50 FEET NORTHERLY OF THE NORTHEASTERLY LINE OF SAID LOT 51, N 78°53'12" E 10.01 FEET; THENCE S 08°44'51" E 25.39 FEET; THENCE N 57°48'33" E 80.70 FEET TO A NON -TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 58.00 FEET, A RADIUS OF CURVE TO SAID POINT BEARS S 64°37'32" W, SAID CURVE BEING CONCENTRIC WITH AND 15.00 FEET EASTERLY FROM THE SOUTHWESTERLY CURVE IN THE WESTERLY BOUNDARY OF LOT 50 AS SHOWN ON SAID MAP NO. 15556 ; THENCE NORTHERLY ALONG SAID CURVE CONCENTRIC WITH AND 15.00 FEET EASTERLY FROM SAID SOUTHWESTERLY CURVE IN THE WESTERLY BOUNDARY OF SAID LOT 50 A DISTANCE OF 26.43 FEET THROUGH A CENTRAL ANGLE OF 26°06'49" TO A POINT OF TANGENCY WITH A LINE PARALLEL WITH AND 3.50 FEET WESTERLY FROM THE WESTERLY LINE OF SAID LOT 50; THENCE NORTHERLY ALONG SAID LINE PARALLEL WITH AND 3.50 FEET WESTERLY FROM THE WESTERLY LINE OF SAID LOT 50, N 00°44'21" E 165.42 FEET TO THE NORTHERLY SUBDIVISION LINE OF SAID "PACIFIC VIEW ESTATES"; THENCE EASTERLY ALONG SAID NORTHERLY SUBDIVISION LINE OF "PACIFIC VIEW ESTATES" S 89°13'18" E 39.00 FEET TO THE NORTHERLY PROLONGATION OF A LINE PARALLEL WITH AND 4.00 FEET EASTERLY FROM THE LINE COMMON TO THE EAST LINE OF SAID LOT 50 AND THE WESTERLY LINES OF LOTS 37 THROUGH LOT 40, INCLUSIVE, AS SHOWN ON SAID MAP NO. 15556; THENCE SOUTHERLY ALONG SAID LINE PARALLEL WITH AND 4.00 FEET EASTERLY FROM SAID LINE COMMON TO LOT 50 AND LOTS 37 THROUGH 40, INCLUSIVE, S 00°44'21" W 165.42 FEET TO A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 19.00 FEET; THENCE SOUTHERLY AND EASTERLY ALONG SAID CURVE 29.42 FEET THROUGH A CENTRAL ANGLE OF 88°43'29' ; THENCE S 00°44'21" W 9.00 FEET TO A LINE PARALLEL WITH AND 5.10 FEET SOUTIERLY FROM THE LINE COMMON TO THE NORTH LINE OF LOT 50 AND THE SOUTHERLY LINE OF LOT 42 AS SHOWN ON SAID MAP NO. 15556 ; THENCE EASTERLY ALONG SAID LINE PARALLEL WITH AND 5.10 FEET SOUTHERLY FROM SAID LINE COMMON TO SAID LOTS 50 AND 42, S 89° 15'39" E 64.07 FEET TO A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 48.00 FEET; THENCE EASTERLY ALONG SAID CURVE 15.48 FEET THROUGH A CENTRAL ANGLE OF 18°28'56"; THENCE N 72°15'25" E 48.11 FEET TO THE SOUTHERLY PROLONGATION OF A LINE PARALLEL WITH AND 3.50 FEET WESTERLY FROM THE LINE COMMON TO THE WEST LINE OF SAID LOT 50 AND THE EASTERLY LINES OF 43 THROUGH 47, INCLUSIVE, AS SHOWN ON SAID MAP NO. 15556; THENCE NORTHERLY ALONG SAID LINE PARALLEL WITH AND 3.50 FEET WESTERLY FROM SAID LINE COMMON TO LOT 50 AND LOTS 43 THROUGH 47, INCLUSIVE, N 00°44'21" E 175.57 FEET TO TILE NORTHERLY SUBDIVISION BOUNDARY OF SAID "PACIFIC VIEW ESTATES"; THENCE EASTERLY ALONG SAID NORTHERLY SUBDIVISION LINE OF "PACIFIC VIEW ESTATES" S 89° 13' 18" E 39.00 FEET TO THE NORTHERLY PROLONGATION OF A LINE PARALLEL WITH AND 4.00 FEET EASTERLY FROM THE LINE COMMON TO THE EAST LINE OF SAID LOT 50 AND THE WESTERLY LINES OF LOTS 48 AND 49 AS SHOWN ON SAID MAP NO. 15556; THENCE SOUTHERLY ALONG SAID LINE PARALLEL WITH AND 4.00 FEET EASTERLY FROM SAID LINE COMMON TO LOT 50 AND LOTS 48 AND 48, S 00°44'21" W 162.51 FEET TO THF, WESTERLY PROLONGATION OF A LINE PARALLEL WITH AND 5.70 FEET NORTHERLY OF TIIE LINE COMMON TO THE NORTH LINE OF SAID LOT 50 AND THE SOUTH LINE OF SAID LOT 49; THENCE EASTERLY ALONG SAID LINE PARALLEL WITH AND 5.70 FEET NORTHERLY FROM SAID LINE COMMON TO LOT 50 AND LOT 49, N 72°15'25" E 53.19 FEET; THENCE S 17°44'35" E 30.00 FEET TO THE EASTERLY PROLONGATION OF A LINE PARALLEL WITH AND 4.30 FEET SOUTHERLY OF THE LINE COMMON TO TI-IE SOUTH LINE OF SAID LOT 50 AND LOTS 21 THROUGH 25, INCLUSIVE, AS SHOWN ON SAID MAP NO. 15556; THENCE WESTERLY ALONG SAID LINE PARALLEL WITH AND 4.30 FEET SOUTHERLY FROM SAID LINE COMMON TO LOT 50 AND LOTS 21 THROUGH 25, INCLUSIVE, S 72°15'25" W 142.43 FEET TO A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 78.00 FEET; THENCE WESTERLY ALONG SAID CURVE 25.16 FEET THROUGH A CENTRAL ANGLE OF 18°28'55" TO A POINT OF TANGENCY IN THE EASTERLY PROLONGATION OF A LINE PARALLEL WITH AND 3.60 FEET SOUTHERLY OF THE LINE COMMON TO THE SOUTH LINE OF SAID LOT 50 AND THE NORTHERLY LINE OF LOT 27 AS SHOWN ON SAID MAP NO. 15556; THENCE WESTERLY ALONG SAID LINE PARALLEL WITH AND 3.60 FEET SOUTHERLY OF SAID LINE COMMON TO LOT 50 AND LOT 27 N 89°15'39" W 63.65 FEET TO A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 58.00 FEET; THENCE WESTERLY ALONG SAID CURVE 44.54 FEET THROUGH A CENTRAL ANGLE OF 44°00'O1' ; THENCE S 57°48'33" W 90.04 FEET TO THE EASTERLY PROLONGATION OF A LINE PARALLEL WITH AND 5.00 FEET NORTHERLY FROM THE LINE COMMON TO THE SOUTH LINE OF SAID LOT 51 AND THE NORTHERLY LINES OF LOTS 11 AND 12 AS SHOWN ON SAID MAP NO. 15556; THENCE WESTERLY ALONG SAID LINE PARALLEL WITH AND 5.00 FEET NORTHERLY FROM SAID LINE COMMON TO LOT 51 AND LOTS 11 AND 12, S 78°53' 12" W 131.41 FEET TO THE NORTHERLY PROLONGATION OF A LINE PARALLEL WITH AND 5.00 FEET EASTERLY FROM THE LINE COMMON TO THE EAST LINE OF SAID LOT 51 AND TIIE WESTERLY LINES OF LOTS 12 THROUGH 14, INCLUSIVE, AS SHOWN ON MAP NO. 15556 ; THENCE SOUTHERLY ALONG SAID LINE PARALLEL WITH AND 5.00 FEET EASTERLY FROM SAID LINE COMMON TO LOT 51 AND LOTS 12 THROUGH 14, INCLUSIVE, S 11°06'48" E 151.89 FEET; THENCE S 17°47'14" E 28.82 FEET TO THE POINT OF BEGINNING; CONTAINS 0.829 ACRES (MORE OR LESS) JAMES L. MEYER, PLS 4307 DATE GtF0 SE S-06BO0NOA OI SCALE: 1 "=200' V1£ g312"E N7 54 p0' t i,2"W 518516 563, w Nttro6 1725.Ka 90�r� 96. EXHIBIT "B" LEGEND E ZZ/Z PROPOSED WATER EASEMENT. . "PACIFIC VIEW ESTATES" MAP NO. CURVE TABLE CURVE LENGTH RADIUS DELTA C1 26.43' 58.00' 26'06'49. C2 29.42' 19.00' 88'43'30" C3 15.48' 48.00' 1828'56. C4 25.16' 78.00' 18'28'56" C5 44.54' 58.00' 44'00'00. S8913'18"E 39.00' FIG CT. 091. 240 0 S8913'18'E 39.00' SCALE: 1"=100' EASEMENT PLAT 3-SW- BURKETT & WONG ENGINEERS ENGINEERS & LAND SURVEYORS 3434 4th AVE., SAN OIEGO, CA 4/10/2006 TO: FROM: RECORDING DATE: DOCUMENT NO.: PROJECT: SCALE: AS SHOWN SHEET 1 OF 1 Passed and adopted by the Community Development Commission of the City of National City, California, on November 6, 2007, by the following vote, to -wit: Ayes: Commissioners Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Chairman, Community Development Commission Secretary, Com m y evelopment Commission By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2007-250 of the Community Development Commission of the City of National City, California, passed and adopted on November 6, 2007. Secretary, Community Development Commission By: Deputy Caoo'1- 2,a City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE November 6, 2007 AGENDA ITEM NO. 17 ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (CDC) AUTHORIZING THE CHAIRMAN TO EXECUTE A SUBORDINATION OF A CDC DEED OF TRUST TO AN EASEMENT BEING GRANTED TO THE SWEETWATER AUTHORITY PREPARED BY George H. Eiser (Ext. 4221) t9" DEPARTMENT City Attorney EXPLANATION In November, 2005, the CDC entered into a DDA with Pacific View Estates, LLC for the development of a 49-unit detached housing unit development at East Division Street and Highland Avenue. The CDC originally acquired the property on which the development is located with HOME funds. The CDC agreed to sell the property to the Developer for a promissory note in the amount of $810,000, secured by a deed of trust on the property. In exchange, the Developer agreed to construct five affordable housing units on the property. In order to provide service to the property, Sweeetwater Authority has requested that the Developer grant it an easement for water mains and other facilities. Sweetwater Authority has requested the CDC to subordinate its deed of trust to the Sweetwater Authroity easement, in order to maintain the easement in effect in the event of foreclosure upon the deed of trust. The proposed resolution would authorize the Chairman to execute a subordination. Environmental Review y N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Easement, with subordination Resolution No. o W) A-200 (9/99)