2015-97270 DOC# 2015-0097270
IIIII III I IIIII I III IIII 111111 IIIII IIIII III IIII I III IIII II III
Recording Requested By: ) Mar 03, 2015 04 04 PM
OFFICIAL RECORDS
Ernest J Dronenburg, Jr,
City of Encinitas ) SAN DIEGO COUNTY RECORDER
FEES $2.00
When Recorded Mail to: )
City Clerk )
City of Encinitas )
505 South Vulcan Avenue )
` Encinitas, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CITY
PUBLIC PEDESTRIAN ACCESS, DRAINAGE, AND GENERAL UTILITY EASEMENT
Parcel No: 261-143-08 Case #- 13-248 CDP
Assessor's
DOCUMENTARY TRANSFER TAX$
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, a Public Pedestrian Access,
Drainage, and General Utility Easement, subject to the terms and conditions set forth in
City of Encinitas Resolution 2009-61 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.
GRANTOR(S)
6 -Z 1 ,-- C-Q
DANIEL MEZICH, 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 Council of the City of Encinitas adopted on November 9, 1994
and the n conse s o recordation thereof by its duly authorized officer.
7 0%_5—
G enn Pruim Date
Director of Public Works
City of Encinitas
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
1 1 recorded in the office of the County Recorder of San Diego County on October
10,2013, as Document No.doc#2013-0§lUl lof official records,we are consenting to
PUBLIC PEDESTRIAN ACCESS, DRAINAGE,AND GENERAL UTILITY EASEMENT
("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
JPMoWmj Chase Bank N.A '``���r0 8,a,R„k,N��o ve
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BY: R;O '
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ITS: Vice President
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STATE OF LOUISIANA i�^ .•••:v0
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PARISH OF OUACHITA ,��'�i��IN/111111�������A```
On Je�yc.nl 2O ,2015,before me appeared Ed,n�a.�t ii114rn�to me
personally k no�wn,who did say that s/he/they is(axe)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 Y'?LX#40AA.On
LA O ARY ID#: '8-14 b 1 STATE OF LOUISIANA
L T COMMISSION LO"nME 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 42° 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.
PARCEL3 :
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, �oi'!'N L. s�R`
NOVEMBER 14 1910. �i}�O�N� 8�'�f0
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No.7655
���CAL4t�
EXHIBIT "B"
LEGAL DESCRIPTION
PEDESTRIAN ACCESS AND UTILITY EASEMENT
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 49 014'10" WEST, THENCE ALONG SAID SOUTHWESTERLY LINE OF BLOCK 3,
SOUTH 31 010'00" EAST 5.29 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID SOUTHWESTERLY LINE OF BLOCK 3, SOUTH 31°10'00" EAST
5.37 FEET THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS
OF 40.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 53°58'44" WEST; THENCE
NORTHEASTERRLY ALONG THE ARC OF SAID CURVE 25.96 FEET THROUGH A CENTRAL
ANGLE OF 37 010'44"; THENCE TANGWENT TO SAID CURVE NORTH 73°12'00" EAST 7.45
FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF
70.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 16 048'00" WEST; THENCE
NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
45.35 FEET THROUGH A CENTRAL ANGLE OF 37 007'22" TO A POINT ON THE EASTERLY
LINE OF LAND DESCRIBED IN DEED TO DANIEL MEZICH RECORDED OCTOBER 10, 2013
AS DOCUMENT NO. 2013-0603912 OF OFFICIAL RECORDS; THENCE ALONG SAID
EASTERLY LINE OF MEZICH LAND NORTH 03 010'00" WEST 5.42 FEET TO THE BEGINNING
OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 75.00 FEET, A RADIAL TO
SAID POIJNT BEARS NORTH 18 040'22" EAST; THENCE NORTHWESTERLY, WESTERLY
AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 46.43 FEET THROUGH A
CENTRAL ANGLE OF 35 028'22"; THENCE TANGENT TO SAID CURVE SOUTH
73 012'00"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 TO THE TRUE POINT OF BEGINNING.
D sURD
45 �NZ 8 A�
CONTAINS 399 SQUARE FEET, MORE OR LESS. L.�� � O 0
No.7655
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EXHIBIT "C"
PEDESTRIAN ACCESS AND UTILI TY EASEMENT
20' ELIJO IN- 07E\ \
\ N21
C�
/ J /
FOR ACCESSSS UNWIES��� \
�TO THE CITY OF DMI
GRANIFD HEREON
\ N73' 12' 00'E� 20' (3997,)
� 7.45' /�� ` \
\ / i \`� d=34b2 4r =80.00' (4154? l loo
67-3528122R= 0' �=46:43' ' 5.36' /
�2' R=70.00 (; \
/� .
/ ���� '��O ?N73' 12' 00'E 5 - ' 5.42 \
P.O.B.
5.29' -
T.P.O.B. 537'"
o ply 1� /
SE'LY LINE
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RS 1132
BOCK 3 MAP 1298 1° /
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0 -7 /
SW'L Y LINEZX\� LANDS
BLOCK 3 L
— _'431' 10' 00'W _ 5j J No. 7655 °
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OF C
DE M 'A SEE DETAIL 'A'
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- SAMPO ENGINEERING, INC.
1. BOUNDARY INFORMATION PER GRANT DEED RECORDED OCT. 10, 2013 AS DOC NO ' 1/7 SAXONY ROAD SUM 213-DMITA CA 92024
2013-0613912 OF OFFICIAL RECORDS 7EL. (760)436-0660 FAX (760)436-0659
JN, 13-122 MEZ/CH 09/29'14
EXHIBIT "D"
Terms and Conditions for
Dedication of Public Pedestrian Access, Drainage, and General Utility Easement
The dedication or irrevocable offer of dedication made by the Grantor named in the
document dedicating or offering the dedication of pedestrian access, drainage, and
general utility easement for 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 pedestrian access and use, for drainage, and for 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, 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
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 The
termination and abandonment may be made by the Grantee
At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be
subordinated to the dedication of pedestrian access, drainage, and general utility
easement.
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 Dieqo )
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
Commssion No.2087518 A
WITNESS my hand and official seal. u NOTARY PUBLIC CALIFORNIA rA
SAN DIEGO COUNTY
Commission Expires May 9,2018
Signature�ll�� �CL� (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
Commisswn No.2087518
WITNESS my hand and official seal v NOTARY PUBLIC CALIFORNIA
( SAN DIEGO COUNTY
{s commission EXPM MUY 8.2016
Signature � � (Seal)