1995-534238 ~ecording Requested By: ) ~C ~ 1995--05~42~8
) 27-NOU-l~95 10:18
City of Encinitas )/
)~'i OFFICIAL RECORDS
when Recorded Mail to: )!~ SAN OIE~ COUNTY RECOROER'S OFFICE
City Clerk ~ 6 ~ GREGORY SMITH,cCOUNTY. RECORDER
City of Bnclnitas ,EES. 0.00
5~5 South Vulcan Avenue
Encinitas, CA 92024
FOR THE BENEFIT OF THE CITY
SPACE ABOVE FOR RECORDER'S USE ONLY
TEMPORARY CONSTRUCTION EASEMENT
Assessor's Parcel Project No.:CMS95G
No. 255-024-41 W.O. No.:
Home Depot U.S.A.. a Delaware CorDoration
Grantor's right, title and interest in
hereinafter called GRANTOR(S), do(es) hereby ~rant, convey and
dedicate to the CITY OF ENCINITAS, State of California, hereinafter
I called GP~ANTEE, a temporary construction easement and right-of-way
~ upon, Uhrou~h, under, over and across^the hereinafter described
real property for incidental purposes necessary to the
installation, construction, operation, maintenance, repair,
replacement, and reconstruction of Olivenhain Road
with the right.to remove buildings, structures, trees, bushes,
undergrowth, flowers, and any other obstructions interferin~ with
the use of said easement and ri~ht-of-way by Grantee, its
successors or assigns and in addition thereto, the right.to grade,
place or remove soil, equipment and other materials within said
ri~ht-of-way and to use the same in such manner and at such
locations as said Grantee may deem proper, needful or necessary in
the construction, reconstruction and maintenance of said
Olivenhain Road or structures
appurtenant thereto, of Grantor, if an ,
'of Grantor, if any,
To have and to hold said easement and right-of-way unto itself and
unto its successors and assigns, to~ether with the right to convey
said easement, or any portion of said easement, to other public
a~encies. This easement shall terminate upon recordation of a
Notice of Completion for the project_which Grantee shall record
upon request by Grantor.
SEE PARCEL 'B' ON EXHIBIT "A" and "B" ATTACHED HERETO AND
MADE A PART HEREOF BY THIS REFERENCE,
~Subject to all rights, rights-of-way, easements, liens, covenants,
conditions and restrictions of record or visible from an inspection
or survey of the property.
cov4642 1
OWNER:
HOME DEPOT U.S.A.t INC.t
Q~a Delawar_e..~orporation
.-"Title: ~',~, ~f~c ~,-~,~'~
Signature of O~er~ to be notarized. ]
Attach ~e appropriate ac~owledgements.
I ce~ify on behalf of the City Council of the City of Encinitas,
pursuant to au~ority conferred by Resolution of said Council
adopted on Nove~er 9, 1994 that the City of Encinitas consents to
the making of the f~regoing tempora~ const~ction easemen= and
consents to recordation thereof~,its~u~ au~o~iz~fficer.
~ / A~an D. Archibald
Director of Engineering Se~ices
City of Encinitas
COV4642 2
I?01
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On September 20, 1995, before me, Jeannette McClain, a
Notary Public in and for said state, personally appeared
Daniel R. Hatch, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument, and acknowledged to me that
he executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon behalf
of which the person acted, executed the instrument.
WITNESS my hand and official seal.
SIGNAT~E OF NOTARY PUBLIC
(SEAL)
E "' BIT 1
LEGP~,L DESCRIPTION
~HOME DEPO~ PROPERTY~
P~%RCELB 'At il. ND 'B'
~PN 255-024-01
BEING A PORTION OF LOT 8 OF SECTION 2, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, ACCORDING TO RECORD OF SURVEY NO. 14118, ON FILE IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
P/%RCEL '~'
BEGINNING AT THE NORTHWEST CORNER OF SAID RECORD OF SURVEY NO. 14118, BEING
A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF OLIVENHAIN ROAD, ROAD SURVEY NO.
1631, AS DEDICATED AND GRANTED IN FEE TO THE COUNTY OF SAN DIEGO, NOW VESTING
IN THE CITY OF ENCINITAS, PER DOCUMENT RECORDED SEPTEMBER 28, 1961 AS FILE
NO. 169289, FILED IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG THE
NORTHERLY BOUNDARY OF RECORD OF SURVEY NO. 14118 AND THE SOUTHERLY RIGHT-OF-
WAY OF SAID OLIVENHAIN ROAD
1. SOUTH 56°27'47' EAST 159.34 FEET (SOUTH 56°26'46' EAST 191.19 FEET
PER RECORD OF SURVEY NO. 14118) TO
THE THUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID BOUNDARY AND
RIGHT-OF-WAY
2. SOUTH 56°27'47' EAST 55.54 FEET (SOUTH 56°26'46" EAST PER RECORD OF
SURVEY NO. 14115) TO THE BEGINNING
OF A 832.01-FOOT RADIUS CURVE CON-
CAVE NORTHEASTERLY; THENCE ALONG
THE ARC OF SAID CURVE AND RIGHT-OF-
WAY
3. SOUTHEASTERLY 67.39 FEET THROUGH A CENTRAL ANGLE OF
04°38'27'' TO A POINT HEREIN DESIG-
NATED AS POINT 'A'; THENCE
4. NORTH 75"49'30'' WEST 68.39 FEET; THENCE
5. NORTH 72°51'41'' WEST 102.31 FEET; THENCE
6. NORTH 52°39'14'' WEST 46.36 FEET TO THE BEGINNING OF A NON-TANGENT
1,535.50-FOOT RADIUS CURVE CONCAVE
NORTHERLY, A RADIALFROM SAID POINT
BEARS SOUTH 03°43'26' WEST; THENCE
ALONG THE ARC OF SAID CURVE
7. EASTERLY 97.48 FEET THROUGH A CENTRAL ANGLE OF
03°38'15'' TO THE TRUE POINT OF
BEGINNING.
CONTAINS 4,261 SQUARE FEET, MORE OR LESS.
PAGE i OF 2
1703
PARCEL ' B'
BEGINNING AT POINT 'A' AS DESCRIBED ABOVE; THENCE CONTINUING ALONG THE ARC OF
SAID CURVE AND RIGHT-OF-WAY
1 · SOUTHERLY 8 · 42 FEET THROUGH A CENTRAL ANGLE OF
00"34'48tt TO A POINT OF CUSP WITH
THE ARC OF A NON-TANGENT 1485.50-
FOOT RADIUS CURVE CONCAVE sOUTHER-
LY, A RADIAL FROM SAID POINT BEARS
SOUTH 11°58'06" WEST; THENCE ALONG
THE ARC OF SAID CURVE
2. WESTEI~LY 245.04 FEET THROUGH A CENTRAL ANGLE OF
09"27'05" TO AN INTERSECTION WITH
THE EASTERLY RIGHT-OF-WAY OF EL
CAMINO REAL AS DEDICATED PER DOCU-
MENT RECORDED NOVEMBER 10, 1994 AS
FILE/PAGE NO. 94-0655280, OF OFFI-
CIAL RECORDS, FILED IN THE OFFICE
OF SAID COUNTY RECORDER; THENCE
ALONG SAID RIGHT-OF-WAY
3 NORTH 01"40'05" EAST 19.19 FEET (NORTH 01°37'33'' EAST PER SAID
· DOCUMENT NO. 94-0655280); THENCE
4. SOLFfH 88°19'55" EAST 2.00 FEET TO THE BEGINNING OF A RADIAL 30.00-
FOOT RADIUS CURVE CONCAVE soUTH-
EASTERLY; THENCE ALONG THE ARC OF
SAID CURVE
5 · NORTHEASTERLY 48.20 FEET THROUGH A CENTRAL ANGLE OF
92~03'21"; THENCE
6. SOUTH 52"39'14" EAST 46.36 FEET; THENCE
7. SOUTH 72"51'41" EAST 102.31 FEET; THENCE
8. SOUTH 75"49'30" EAST 68.39 FEET TO THE POINT OF BEGINNING.
CONTAINS 4,622 SQUARE FEET MORE OR LESS.
PAGE 2 OF 2
.~. - ; ~ (.,//. ,,-,~ ~ ...--~PUBUC S]WEET ESMT
~ ' ", '"~<'/~'~ ~' ~.,,,_ ~ PER PM 5288
._ PARCEL
RECORDE~ 11-10-94 AS
F/P NO. 94--0655280,0.R.
~, LD-]' ~ 3EC 2 INDICATES PERMANENT ELOPE ESUT
~' -J'-]3,'~ R~W ~ WflHIN HOt4E DEPOT PROP.
S,B.M. PARCEL 'A'.-AREA=4,261 SQ. FT. II #
.~,D,,~, '~4~'~,.B INDICATES CONS~UCTION EAS~ENT<]a'
V~THIN HOME DEPOT PROP.
PUBLIC ROAD E~UT RECORDED PARCEL 'B'-AREA=4,622 SO. FT.
NOVEMBE~ 28. 1969 AS FILE
NO. 217326. O.R. ( ) RECORD DATA PER DOE. NO. 94-0655260
--, -,- -, INDICAIc$ CITY BOUNDARIES