1995-534237 ) 27-NOU-1995 10-'18
City of Encinitas If:]~ 1~ OFFICIAL RECORDS
When Recorded, Mail To: )1, S~N DIEGO COUNTY RECOROER'S OFFICE
) ')"j' ~ GREGORY S"ITH, COUNTY RECORDER
City Cl~k FEES: 0,00
city of Encinitas ) ~
505 Sou~ Vulcan Avenue )~
Encinitas. CA 92024 ) SPACE ~OVE FOR ~CO~'S US~ O~Y
Assessor's Parcel Project: CMS95G
No. 255-024-41 W.O. No.:
Grantor's right, title and interest in
Home Depot U.S.A.r a Delaware Corporation
hereinafter designated Grantor(s) do(es) hereby grant, bargain,
convey and release unto the City of Encinitas 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~9~
remove buildings, s~ructures, 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 easement and right-of-wayunto itself and unto its
successors and assigns forever together with the right to convey
said ~asement, or any portion of said easement, to other public
agencies, of Grantor, if any,
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 follows:
and "B"
See Exhibit "A"~attached hereto and made a part hereof by this
reference.
ASubject to all rights, rights-of-way, easements, liens, covenants,
conditions and restrictions of record or visible from an inspection
or survey Df the property.
TF/03/MST-872wp5 1(01-03-95-7)
· 1695
of Grantor any,
The Grantee shall have the rightkto fence all or any portion cf
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 bythe 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 ~/~ day of . ,~/~B~ ,1995
Grantor:
HOME DEPOT U.S.A., INC.,
a ~poration
[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 November 9, 1994 that the City of Encinitas consents to
the making of the foregoing Irrevocable Offer, Deed, Grant, or
Subordination Agreement, and consents to recordation thereofbyite
Director of Engineering Services
TF/03/MS7-872wp5 2(01-03-95-7)
1696
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.
SIGNA~RE OF NOTARY PUBLIC
(SEAL)
E m'rn'rT 'A'
LEG~., DEBCRZPTZON
(HOME DEPOT PROPERTY)
~PI~ 255-024-01
BEING A PORTION OF LOT 8 OF SECTION 2, TOWNSHIP 13 SOUTH, RARGE 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:
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°26'46'' EAST 214.88 FEET (SOUTH 56°26'46'' EAST 191.19 FEET
PER RECORD OF SURVEY NO. 14118) TO
THE BEGINNING OF A 832.01-FOOT
RADIUS CURVE CONCAVE NORTHEASTERLY;
THENCE ALONG THE ARC OF SAID CURVE,
BOUNDARY, AND RIGHT-OF-WAY
2. SOUTHEASTERLY 167.58 FEET THROUGH A CENTI~%L ANGLE OF
11032'24'' TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG
THE ARC OF SAID CURVE, BOUNDARY,
AND RIGHT-OF-WAY
3 . SOUTHEASTERLY 33 · 25 FEET THROUGH A CENTRAL ANGLE OF
02 o 17 ' 23"; THENCE LEAVING SAID
BOUNDARY AND RIGHT-OF-WAY
4. SOUTH 13049'46'' WEST 90.90 FEET; THENCE
5. NORTH 76016'57'' WEST 33.00 FEET; THENCE
6. NORTH 13049'46'' EAST 95.02 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINS 3,068 SQUARE FEET MORE OR LESS.
RCE 226~
PAGE i OF 1
LOT B SEC 2
T~SS
PUBUC ROAD EASE~IENT P~ ~
~s n~ ~o. 1~, o.R. ~ R,o,S. 14118
ROAD ~T
F~ NO. ~ ~.~7
~ INDICA~ DR~NA~ ~T
NO~ ~ 1969 ~ R~ .............. 14118
NO. 217326, O.R. ( ) ~[~u UAtA
I I I INDI~S ~ B~ND~I~