1994-655280Recording Request By:
city of Encinitas
~en Recorded Mail to:
city Clerk FEES: 0, 00
city of ED~initas
505 South Vulcan Avenue
EDoinitts, CA 92024
FOR T~l BiNiFIT OF T~i CITY
~SPACE ABO~ FOR RECORDER'S DS~ ONLY
EASE~ FOR CITY HIGhlY
~ ~L~N~U~S~ OF ~CCESS R~HTS
Assessor's Parcel Project No.: DR 91-044
No. - - 257-040-15 W.O. No.: 3425I
HOMR DRDOT II.S.A.. Inc.. a Delaware corporation
. ~all of Grantor's right, title and interest in
hereinafter cal~ed GRANTOR(S), do(es) hereby grant, convey and
dedicate to the ~ITY OF ENCINITAS, Stgte.of California, hereinafter
called GRANTEE, ~he right of way and lncldents thereto for a ~ubli¢
highway upon, over and across that certain real property ~n the
City of Encinitas, County of San Diego, State of California,
described as follows:
SEE EXHIBIT "A" ATTACHED HERETO ANDMADE 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.
COV4053 1
. 516.
· The Grantor further grants to the OF ENCINITAS~the
privilege and right to extend drainage structures and excavation
and embankment slopes beyond the limits of the herein described
right-of-way where required for the construction and maintenance of
said CITY Highway. RESERVING unto grantor of the above described
parcel of land, his successors or assigns, the right to eliminate
such slopes and/or drainage structures or portions thereof, when in
the written opinion of the city Engineer of Grantee, the necessity
therefore is removed by substituting other protection, support
and/or drainage facility, provided such substitution is first
approved in writing by the City Engineer. *all of Grantor's right,
title and interest in
The Grantor hereby further grants to Grante~all trees, growths
(growing or that may hereafter grow), and roa~building materials
within said right-of-way, including the right to take water,
together with the right to use the same in such manner and at such
locations as said Grantee may deem proper, needful or necessary, in
the construction, reconstruction, improvement or maintenance of
said highway.
The Grantor, for himself, his successors and assigns, hereby waives
any claim for any and all damages to Grantor's remaining property
contiguous to the right-of-way hereby conveyed by reason of the
location, construction, landscaping or maintenance of said highway.
The Grantor hereby releases and relinquishes to the City of
Encinitas any and all shutter's rights of access, in and to __
R1 ~minn R~a] ,
except at access openings ~1. ~2. and ~3 ,
as shown on Exhibit "B", attached.
Dated this I~ day of ~~ , 19 9--4
OWNER:
HOME DEPOT~A., INC.,
a De~re c/po)~t~o9 / /
zts: Corporate_ _.C°unsel. . -
Signature of Owner, to be notarized.
Attach the approprlate acknowledgements.
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 Right-of-Way Dedication and consents to
recordation thereof by its duly aut3ho~ized o~cer.
MUg~ WA~fN' Interim City Manager
/ Cigy of Encinztas
cov4053 2
STATE OF
On
a Not~ Public in and
personally ~o~ to me (or proved to me on the basis ot satistacto~ evidence) to be the person
whose ~Bm~ is subsc~bed to the wit~n inst~ment and ac~owledged to me that he executed the
same in his authorized capacity, and that by ~s signature on the inst~ment, the person, or the
entity upon beh~f of w~ch the person acted, executed the instrument.
WI~SS my hand and official se~. _
Nota~ P~ic in
9423800A.DOC/BIqS/A0045-136/08-26-94/gtb
EXHIBIT "A"
BEING PORTIONS OF LOT 8 IN SECTION 2, TOWNSHIP 13 SOUTH, RANGE 4
WEST, SAN BERNARDINO BASE AND MERIDIAN, LYING WESTERLY OF THE
WESTERLY LINE OF THE RANCHO LOS ENCINITAS AND THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 13
SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, ALL
BEING IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1
BEING A STRIP OF LAND 23.00 FEET IN WIDTH LYING EASTERLY OF AND
CONTIGUOUS TO THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE SOUTHWEST CO1LNER 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 ON
RECORD OF SURVEY NO. 14118; THENCE ALONG THE EASTERLY RIGHT-OF-
WAY LINE OF EL CAMINO REAL NORTH 00025'37" 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 07053'32'' 544.78 FEET; THENCE NORTH
08019'09" EAST, 445.38 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE WESTERLY HAYING A RADIUS OF 5545.00 FEET; THENCE ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06041'36" 647.78
FEET; THENCE NORTH 01037'33" EAST 537.26 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT "A".
THE SOUTHERLY TERMINUS OF THE 23.00 FOOT WIDE STRIP OF LAND IS TO
BE EXTENDED OR SHORTENED SO AS TO TERMINATE IN THE SOUTH LINE OF
SAID RECORD OF SURVEY NO. 14118.
~ EXHIBIT "B"
J~ ' ' ~v~A',-~ Plat to Illustrate
~ El Camino Real
= .... ~ Encinitas Home Depot
= rmmm INDICATES ACCESS RIGHTS
~ ~ R~LINOUISH~D AND WAI~D
~ ~.s' OPEN SPACE
~ [ ~OPENING NO, 1
~' ~ '~ ,
m t ~ OPENtNG NO. 2 :
WOOD~y ~-~ 7~+~s.o~
ROAD -~ ; / CL. I~0.5' 9Rt~WAy ~--~._~.. ~-- ........
~ '; OPENING
~ HOME DEPOT SITE ,
CL ~5~ ~
LOT 24
O~ OF ~NONIT~
OPEN SPACE
NOTE: BOUNDARY INFORMATION SHOWN HEREON IS BASED ON
RECORD OF SURVEY NO. 14118, RECORDED MAR. 19, 1993,
FILE NO. 93-172601. FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN OtEGO COUNTY, CALtFORNIA.