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1994-655278 R~eco~ding Reques~ By: City of Encinitas ~ t001 '. J. 77%=90..J.3,2 I O lO-NOg-1994 10=15 When Recorded Mail ~o: 50~ City Clerk OFFICNL City of Encinitas 5~}{ DIEGO ISOLI~TY REEO~',DER'S OFFICE 505 South Vulcan Avenue 'G~:EG0~Y S~ITH~ ~0U~TT ~EC0~DE~ Encinitas, CA 92024 FEES: FOR THE BENEFIT OF THE CITY SPACE ~OVE FOR RECORDER'S USE ONLY EASEME~ FOR ~I~EN~CE OF T~FIC CO~ROL DEVICES ~ P~LIC ~CCESS Assessor's Parcel Project No.: DR91-044 No. 255-024-01~ 257-040-015 W.O. No.: HOME DEPOT U.S.A.~ INC. hereinafner called GF~NTOR(S), do(es) hereby grant, convey and dedicate to the CITY OF ENCINITAS, State of California, hereinafter called GRANTEE, the easement for maintenance of traffic control devices and public access upon, over and across that certain real property in the City of Encinitas, County of San Diego, State of California, described as follows: SEE EXHIBIT "A" ATTACHED HERETO A_NDMADE A PART HEREOF BY THIS REFERENCE, The Grantor hereby further grants to Grantee 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 traffic control devices. 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 easement hereby conveyed by reason of the location, construction, or maintenance of said devices. SUBJECT TO all covenants, conditions, restrictions,'easements, rights, rights-of-way and liens of record or visible from an inspection or survey. cov4196 Dated this 7th day of Oc~ , 199__4 OWNER: HOME DEPOT U.S.A., INC., a Del~/~re c~ion ~Name:, Title: Signature of Owners to be notarized. acknowledgements Attach the appropriate . 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 Easement Dedication and consents to recordation thereof by its duly authorized officer. Date: /~' ~-~ '9~ By: ~ City of Encinitas Lauren Wasserman, City Manager coy4 t 96 STATE OF GEORGIA ) ) ss. 509 County of Cobb ) On this 14th day of October, 1994, before me, the undersigned, a Notary public in and for said State, personally appeared A. M. Litt, to me known to be the Senior Corporate Counsel - Real Estate of Home Depot U.S.A., Inc., a Delaware corporation, that executed the foregoing instrument, and acknowledged to me that the said instrument is the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. WITNESS MY HAND and official seal hereto affixed the day, month and year in this ceffificate first above written. My commission expires: j qhcCL. Notary public in and for the State of Georgia Residing at Cumming " 510 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: BEGINNING 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 ON 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 07053'32'', 544.78 FEET; THENCE NORTH 08°19'09'' EAST, 445.38 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 5545.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04°18'09'', 416.38 FEET; THENCE DEPARTING SAID CURVE RADIAL SOUTH 85°58'59'' EAST 23.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT LIES ON THE FUTURE RIGHT OF WAY FOR EL CAMINO REAL. THENCE CONTINUING RADIAL TO SAID CURVE SOUTH 85°58'59'' EAST 5.00 FEET, THENCE SOUTH ALONG AN ARC OF A CURVE CONCAVED WESTERLY HAVING A RADIUS OF 5573.00 FEET THROUGH A CENTRAL ANGLE OF 00°12'22" 20.05 FEET; THENCE SOUTH 44°19'39`' EAST 38.02 FEET; THENCE SOUTH 85°31'11'' EAST 35.00 FEET, THENCE SOUTH 04°43'32'' WEST 48.25 FEET; THENCE SOUTH 56028'28`` WEST 81.49 FEET; THENCE SOUTH ALONG AN ARC OF A CURVE CONCAVED WESTERLY HAVING A RADIUS OF 5573.00 FEET THROUGH A CENTRAL ANGLE OF 00°12'16'', 19.88 FEET; THENCE RADIAL TO SAID CURVE NORTH 84°18'12`' WEST 5.00 FEET TO A POINT ON THE FUTURE RIGHT OF WAY FOR EL CAMINO REAL; THENCE NORTH ALONG AN ARC OF A WESTERLY CONCAVED CURVE HAVING A RADIUS OF 5568.00, WHOSE RADIAL BEARS NORTH 84°18'12'' WEST, ALONG THE PROPOSED RIGHT-OF- WAY FOR EL CAMINO REAL THROUGH A CENTRAL ANGLE OF 01°40'47'' 163.25 FEET TO THE TRUE POINT OF BEGINNING.