Loading...
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.