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.