2015-97269 DOC# 2015-0097269
- IIIII I I I IIIII II IIII IIII II I II I IIIII IIIII IIIII III I III III
Recording Requested By: ) Mar 03, 2015 04.04 PM
OFFICIAL RECORDS
City of Encinitas ) SAN DIEGO JCOUNTY RECORDER
FEES $2.00
When Recorded Mail to: )
City Clerk )
City of Encinitas )
505 South Vulcan Avenue )
Encinitas, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CITY
EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY
Assessor's Parcel No: 261-143-08 Case #: 13-248 CDP
DOCUMENTARY TRANSFER TAX$
DANIEL MEZICH, TRUSTEE OF THE MEZICH REVOCABLE DECLARATION OF
TRUST DATED AUGUST 4. 2014, hereinafter called GRANTOR(S), are the owner(s) of
the real property in the City of Encinitas, County of San Diego, State of California,
described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF,
do(es) hereby grant, convey, and dedicate for valuable consideration to the City of
Encinitas, State of California, hereinafter called GRANTEE, an Easement for Public
Street Right-of-Way, subject to the terms and conditions set forth in City of Encinitas
Resolution 2009-52 adopted October 28, 2009, included as EXHIBIT "D" which is
attached and made a part hereof, the real property described as follows:
SEE EXHIBITS "B" and "C" ATTACHED HERETO AND MADE A PART HEREOF.
a GRA
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DANIEL MEZI , Trustee Date
Signature of"GRANTOR(S)"to be notarized.
Attach the appropriate acknowledgments.
GRANTEE:
This is to certify that the interest in real property conveyed by deed or grant to the City
of Encinitas, a Municipal Corporation, is hereby accepted by the undersigned agent on
behalf of the City Council of the City of Encinitas pursuant to authority conferred by
Resolution of the City C ncil of the City of Encinitas adopted on November 9, 1994
and the a e con nt to recordation thereof by its duly authorized officer.
Glenn Pruim Date
Director of Public Works
City of Encinitas
t
CONSENTTO EASEMENT
WHEREAS,those parties concerned,Daniel Mezich,an unmarried man,as Borrower and
JPMoroan Chase Bank.NA as Beneficiary,desire to have the Deed of Trust dated on
10 113recorded in the office of the County Recorder of San Diego County on October
1 ,2013,as Document No.doc#2013-061 3913 of official records,we are consenting to
EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY ("DOCUMENT" hereinafter).
Now,therefore,for valuable consideration,the receipt of which is hereby acknowledged,
the undersigned BENEFICIARY said Deed of Trust
See Exhibit A and B
o%►1►IH I fit/o/.,
JPA rg Chase Bank N.A
_
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CL �;
m
ITS: Vice President :S
STATE OF LOUISIANA y*411111{°*
PARISH OF OUACHITA
On kbryarSj ZO ,2015,before me appeared ECG► Lt\&hW QrnS,to me
personally known,who did say-that s/he/they is(are)the_ ice President of
_JPMorgan Chase Bank N.A. and that the instrument was signed on behalf of
the corporation(or association),by authority from its board of directors,and that s/he/they
acknowledged the instrument to be the free act and deed of the corporation(or association).
• ,NOTARY PUBLIC YOLMDAA,DIAZ
L. NO ARY ID#: 'S 1 4 b I STATE OF LOUISIANA
11 T E COMMISSION LIFETIME COMMISSION,NOTARY ID#87401
Mezich-5138
EXHIBIT "A"
LEGAL DESCRIPTION OF REAL PROPERTY
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 1:
ALL THOSE PORTIONS OF LOTS 37, 38, 39, 40 AND 41 IN BLOCK 3 OF CARDIFF, IN
THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 1298, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 14, 1910,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHEASTERLY LINE OF
COUNTY ROAD SURVEY NO. 1132 (SAN ELIJO AVENUE)A PLAT OF WHICH IS ON
FILE IN THE OFFICE OF THE SURVEYOR OF SAN DIEGO COUNTY, WITH
A LINE WHICH IS PARALLEL WITH AND DISTANT 0.93 FEET NORTHEASTERLY AT
RIGHT ANGLES FROM THE SOUTHWESTERLY LINE OF SAID BLOCK 3, SAID POINT
BEING ALSO ON THE ARC OF A 50.00 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE
OF SAID COUNTY ROAD AND ALONG THE ARC OF SAID CURVE TO THE
NORTHEASTERLY TERMINUS OF SAID CURVE; THENCE TANGENT TO SAID CURVE
AND CONTINUING ALONG THE SOUTHEASTERLY LINE OF SAID ROAD SURVEY,
NORTH 730 12 'EAST 7.45 FEET TO THE BEGINNING OF A TANGENT 80.00 FOOT
RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG
THE ARC OF SAID CURVE AND ALONG THE SOUTHEASTERLY LINE OF SAID
COUNTY ROAD SURVEY THROUGH A CENTRAL ANGLE 3400 02 '41" A DISTANCE
OF 47.54 FEET; THENCE LEAVING SAID SOUTHEASTERLY LINE OF SAID COUNTY
ROAD SURVEY SOUTH 300 10"EAST 90.07 FEET; THENCE SOUTH 420 55 '50"WEST
ALONG A STRAIGHT LINE WHICH INTERSECTS THE MOST WESTERLY CORNER OF
LOT 36 IN SAID BLOCK 3, A DISTANCE OF 33.17 FEET TO AN INTERSECTION WITH
THE AFOREMENTIONED LINE WHICH IS PARALLEL WITH AND DISTANT 0.93
FEET NORTHEASTERLY AT RIGHT ANGLES FROM THE SOUTHWESTERLY LINE OF
SAID BLOCK 3, THENCE ALONG SAID PARALLEL LINE NORTH 31° 10 'WEST 114.26
FEET TO THE POINT OF BEGINNING.
PARCEL 3 :
THE SOUTHWESTERLY 0. 93 FEET OF LOTS 37 THROUGH 41 IN BLOCK 3 OF
CARDIFF, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1298, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, �y�ND
NOVEMBER 14, 1910. �� F.N� L.
No.
I
CP
EXHIBIT "B"
LEGAL DESCRIPTION
EASEMENT FOR PUBLIC RIGHT-OF-WAY
ALL THAT PORTION OF LOTS 40 AND 41 IN BLOCK 3 OF CARDIFF, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 1298, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY NOVEMBER 14, 1910, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF SAID
BLOCK 3 WITH THE SOUTHEASTERLY LINE OF COUNTY ROAD SURVEY NO. 1132
(SAN ELIJO AVENUE) A PLAT OF WHICH IS ON FILE IN THE OFFICE OF THE
SURVEYOR OF SAN DIEGO COUNTY, SAID POINT BEING ON THE ARC OF A CURVE
CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 50.00 FEET, A RADIAL TO SAID
POINT BEARS NORTH 49014'10" WEST, THENCE NORTHEASTERLY ALONG SAID
SOUTHEASTERLY LINE OF SAN ELIJO AVENUE ALONG THE ARC OF SAID CURVE A
DISTANCE OF 28.31 FEET THROUGH A CENTRAL ANGLE OF 32026'10"; THENCE
TANGENT TO SAID CURVE NORTH 73 012'00"EAST 7.45 FEET TO THE BEGINNING
OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 80.00 FEET, A RADIAL
TO SAID POINT BEARS NORTH 16 048'00" WEST; THENCE NORTHEASTERLY,
EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE
OF 47.54 FEET THROUGH A CENTRAL ANGLE OF 34'02'41"; THENCE LEAVING
SAID CURVE AND SOUTHERLY LINE OF SAN ELIJO AVENUE SOUTH 03 010'00"EAST
5.36 FEET TO A POINT ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF
75.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 18°40'22" EAST; THENCE
NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE A DISTANCE OF 46.43 FEET THROUGH A CENTRAL ANGLE OF 35 028'22";
THENCE TANGENT TO SAID CURVE SOUTH 73 012900"WEST 7.45 FEET TO THE
BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 45.00
FEET, A RADIAL TO SAID POINT BEARS NORTH 16°48'00" WEST; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 27.12 FEET
THROUGH A CENTRAL ANGLE 34 031'33" TO A POINT ON SAID SOUTHWESTERLY
LINE OF BLOCK 3; THENCE ALONG THE SOUTHWESTERLY LINE THEREOF NORTH
31 010'00"WEST 5.29 FEET TO THE POINT OF BEGINNING.
yAND s&,
CONTAINS 411 SQUARE FEET, MORE OR LESS. so�0�
No.7655
CAL�Dt-
EXHIBIT "C"
EASEMENT FOR PUBLIC RIGHT OF WAY
0 A VENUE,20 ELIJ
N 5 INDE EASEMENT
PUBLIC RIGHT OF WAY_
TO THE CITY OF ENCINITAS
/ GRANTED HEREON /
(411 sF) �l �NZE \
/ 20' 5'
/ N312' 0 0'E��, a=3402'41" R=80.00' 4754 745' l lb4
ti�,�• '\� �\ - I 75. � ? , 536' /
3528 22 R- 00 L= ,
N73' 12 OO E
745 �
P.O.B. ���t �,' \ N
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/
*1\_SE'LY LINE /
RS 1132
0 o BL ❑CK 3 MAP I Iz /
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LAND SG
SWLY LINE
BLOCK 3 hh�6 / ( J No. 7655 O�
1 I 0.08'
--N58'50' 00'El /� �� \0 ��'
OF �Al�
0.93' / I
SCALE SEE DETAIL 'A'
M
•- SAMPO ENGINEERING, INC.
1. BOUNDARY INFORMATION PER GRANT DEED RECORDED OCT. 10, 2013 AS DOC NO. �
2013-0613912 OF OFFICIAL RECORDS R. (760)435-0660 FAX (760)06—G 659
JN, 13-122 ME27CH 09/20
EXHIBIT "D"
Terms and Conditions for
Dedication of Easement for Public Street Right-of-Way
The dedication or irrevocable offer of dedication made by the Grantor named in the
document dedicating or offering the dedication of the public street easement for the
benefit of the City of Encinitas, hereinafter Grantee, is for valuable consideration and is
subject to the following terms and conditions. The dedication or irrevocable offer of
dedication shall be for a perpetual easement and right-of-way upon, through, under,
over, and across the hereinafter described real property for use as public street right-of-
way, including the installation, construction, maintenance, repair, replacement,
reconstruction and inspection of public utilities, including, but not limited to, electric,
gas, telephone, cable television, sewer, water, storm drain, appurtenant facilities, and
all structures incidental thereto, as well as other public right-of-way uses deemed
necessary by Grantee, together with the perpetual right to perform grading, to extend
embankment slopes beyond the limits of the dedicated easement as deemed by
Grantee necessary for the construction and maintenance of facilities within said
easement, and to remove buildings, structures, trees, bushes, undergrowth, flowers,
and any other obstructions interfering with the use of said easement and right-of-way by
Grantee, its successors or assigns and in addition thereto, to remove soil and other
materials within said right-of-way and to use the same in such manner and at such
locations as said Grantee may deem proper, needful, or necessary in the construction,
reconstruction, and maintenance of said public utilities or structures incidental thereto
To have and to hold said easement and right-of-way unto itself and unto its successors
and assigns forever, together with the right to convey said easement, or any portion of
said easement, to other public agencies.
The real property referred to herein and made subject to said easement and right-of-
way by this grant is situated in the City of Encinitas, County of San Diego, State of
California, and is particularly described on the document dedicating or irrevocably
offering the dedication.
The Grantors hereby covenant and agree for themselves, their heirs, successors, and
assigns, that there shall not be constructed or maintained upon the above described
real property or within said easement and right-of-way any building or structure of any
nature or kind that will interfere with the use of said easement and right-of-way by
Grantee, its successors or assigns, or that will interfere with the ingress or egress along
said easement by said Grantee, its successors or assigns.
The Grantee hereby covenants and agrees for itself, its successors and assigns, not to
prevent the Grantors, their successors or assigns, from crossing over said real property
and agrees that the Grantors, their heirs, successors and assigns, may enjoy the
continued use of the surface of said real property herein described, subject to the
conditions above stated.
Grantor for himself, his successors and assigns, hereby waives claim for any and all
damages to Grantor's remaining property contiguous to the public street right-of-way
conveyed by the dedication or offer of dedication by reason on the location,
construction, landscaping, or maintenance of said public road right-of-way.
This dedication may be terminated and the right to accept the irrevocable offer of
dedication may be abandoned in accordance with the vacation procedures in Section
8300 et seq. of the Streets and Highways Code of the State of California.
At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be
subordinated to the dedication of easement for public street right-of-way
Grantor agrees that Grantor's duties and obligations under this offer of dedication are a
lien upon the subject property. Upon notice and opportunity to respond, Grantee may
add to the tax bill of the Grantor any past due financial obligation owing to the Grantee
by way of this offer of dedication.
If either Grantor or Grantee is required to incur costs to enforce the provisions of this
offer of dedication, the prevailing party shall be entitled to full reimbursement of all
costs, including reasonable attorney's fees, from the other party. The Grantee may
assign to persons impacted by the performance of this offer of dedication the right to
enforce this offer of dedication against the Grantor
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego )
On February 26, 2015 before me, Samantha Morrow, Notary Public
(insert name and title of the officer)
personally appeared Daniel Mezich ------------------------------------------------------------
who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
SAMANTHA MORROW
WITNESS my hand and official seal j CommssionNo 2067518 n
v NOTARY PUBLIC CALIFORNIA ro
SAN DIEGO COUNTY
J Commission Expm May 9,2018
ISignatur (Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego )
On March 2, 2015 before me, Samantha Morrow, Notary Public
(insert name and title of the officer)
personally appeared Glenn Pruim ------------------------------------------------------------
who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
SAMANTHA MORROW
CWWftlim No.2087518 0
WITNESS my hand and official seal NOTMYPUKIC CALIFORNIA
} SAN DIEGO COUNTY 2 IP} CO MII abl EMpka M ay 9,2018
Signatu (Seal)