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1994-655279 Recording =-sted by: City of Encinitas When Recorded, Mail To: City of Encinitas 505 South Vulcan Avenue Encinitas. CA 92024 SPACE ~OVE FOR ~CO~'S USE ONLY D~INA~E Assessor's Parcel Project: TM 91,044 No. 257-040-15 W.O. No.: 3425II all of Grantor's rights, title and interest in Hnm~ Depot U.K.A.. Inc.. a Delaware c~ rDoration hereinafter designated Grantor(s) do, s) ~ereby gr~nt, bargain, convey and release unto the City of ~ ~cinltas herein designated Grantee, its successors and assigns, a perpetual easement and right-of-way upon, through, under, over-and across the hereinafter described real property for the installation, construction, maintenance, repair, replacement, reconstruction and inspection of an enclosed or unenclosed flood DRAINAGE channel and all structures incidental thereto, and for the flowage of any waters in, over, upon or through said channel, together with the perpetual right to remove buildings, structures, trees, bushes, undergrowth, and any other obstruction interfering with the use of said easement and right-of-way by the Grantee, its successors or assigns. To have and to hold said eas.ement 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 hereinabove 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 as follo~;s: See Exhibit "A" attached hereto and made a part hereof by this reference. SUBJECT TO all covenants, conditions, restrictions, easements, rights, rights- of-way and liens of record or visible from an inspection or survey. TF/03/MS7-872W-p5 1(01-11-93-5) 512 The Grantee have the right to fenc~ll or any portion of said easement herein conveyed within which there is installed or constructed an unenclosed flood drainage channel. The Grantee, its successors and assigns, shall be responsible for operating, maintaining, and keeping in good repair the above described works of improvement.. The Grantor, his successors and assigns, reserves the right to enclose in a manner approve by the Grantee, its successors and assigns, any portion of an unenclosed flood drainage channel provided such enclosure is constructed or installed by a licensed contractor in accordance with plans and specifications approved by and to the satisfaction of the Grantee its successors and assigns. In granting its approval the Grantee, its successors and assigns, may impose reasonable conditions including, but not limited to, the filing by the contractor or Grantor of an adequate form of security, as approved by the City Engineer, to guarantee completion of the work. There is reserved to the Grantor, his successors and assigns, the right and privilege to use the above described land of the Grantor at any time, in any manner and for any purpose not inconsistent with the full' use and enjoyment by the Grantee, its successors and assigns, of the rights and privileges herein granted. Dated this I~~1 day of ~/%~/~ , 19 ~ HOME DEPOT U.S.A., INC.~ a Delawj~-~ation j j Print Name: C0rp0'za~e ~0unsel - rts: Western Division [Signature of GRANTOR must be notarized. Attach the appropriate acknowledgement.] I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution of said Council adopted on July 27, 1987 that the City of Encinitas consents to the making of the foregoing Irrevocable Offer, Deed, Grant, or Subordination Agreement, and consents to recordation thereof by its duly authorized officer. Date: ~/~'/~y By: ,/~ ~--~ TF/03/MST-872Wp5 2(01-11-93-5) 513 STATE OF ~d--I I~>~-~d ~ ~ ) ) SS. COUNTY OF 0 ~.~' ) On ~/$ ~/~ , before me, ~ ~,'5 ~. ~0~ a Nota~ Public in ~d for s~d state, personflly appeared D~,~{ '~. ~ personflly ~o~ to me (or proved to me on the basis of satisfacto~ e~denee) to be the person whose name is subscribed to the wit~n inst~mem ~d ac~owledged to me that he executed the same in ~s authorized capacity, ~d that by ~s si~ature on the instrument, the person, or the entity upon behflf of w~ch the person acted, executed the inst~ment. ~SS my hand ~d o~cifl seal.  Not~ P~c in and for s~fl State ~ 94241013.0C 1/BNS/H3 985-O54/O8-29- 94/gtb 514 EXHIBIT DRAINAGE EASEMENT LEGAL DESCRIPTION BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A STRIP OF LAND 25.00 FEET WIDE LYING 12.50 FEET EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF THAT CERTAIN RECORD OF SURVEY NO. 14118, FILED MARCH 19, 1993 AS FILE NO. 93-172601, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF EL CAMINO REAL, A 45.00 FOOT HALF-WIDTH RIGHT-OF- WAY AS SAID RIGHT-OF-WAY IS SHOWN OF RECORD OF SURVEY NO. 14118; THENCE ALONG THE EASTERLY RIGHT-OF-WAY LINE OF EL CAMINO REAL NORTH 00°25'37" EAST, 12.51 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 3955.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01054'50" 132.11 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF SAID 25.00 FOOT WIDE STRIP OF LAND; THENCE SOUTH 87°39'33'' EAST 39.02'. THE SIDELINES OF SAID STRIP OF LAND ARE TO BE LENGTHENED OR SHORTENED SO AS TO TERMINATE AT THE EASTERLY RIGHT-OF-WAY LINE OF EL CAMINO REAL.