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1995-534236 Recording Requested By: DOC ~ 1~95--05~4236 City of Encinitas ~688 27-NOU-19~5 10-'18 When Recorded Mail to: f~' OFFICIAL RECORDS city Clerk [ SAN DIEGO COUNTY RECOROER'S OFFICE clty of Encinlt~s ~ GREGORY SMITH, COUNTY RE~OROER 505 South Vulcan Aven~e FEES: Encinitas, CA 92024 FOR THE BE~FIT OF THE CITY SPACE ~OVE FOR RECO~ER'S USE O~Y S~OPE ~S~ FOR CI~ Assessor's Parcel Project No.:CMS95G No. 255-024-41 W.O. No.: Home DeDot U.S.A., a Delaware Corporation Grantor's right, title and interest in, hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the CITY OF ENCINITAS, State of California, hereinafter called GRANTEE, an easement for excavation and em]Dankment slopes for a public highway upon, over and across, that certain real property in the City of Encinitas, County of San Diego, State of California, described as follows: SEE PARCEL 'A' ON EXHIBIT "A" AND "B" ATTACHED HERETO ANDMADE A PART HEREOF BY THIS REFERENCE, .of Grantor, if any, The Grantor hereby ~further grants to the CITY 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 or portions thereof, when in the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection or support, provided such substitution is first approved in writing by the City Engineer. Grantor's right, title and interest in The Grantor hereby further grants to Grantee~all trees, growths 1 (growing or that may hereafter grow), and road building materials within said easement, 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. ~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. The Grantor, for himself, his successor 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, landscaping or maintenance of said highway. OWNER: HOME DEPOT U.S.A.f INC.~ a Dela. w~me--~orporgtion le. ./~v~. ~L~J~ f~-~ Signature of Owners to be notarized. ~ Attach the appropriate ac~owledgements. I ce~ify on behalf of the City Council of the city of Encinitas, pursuant to authority conferred by Resolution of said Council adopted on Nove~er 9, 1994 that the city of Encinitas consents to the making of the foregoing Slop~asemeDt Dediqation ~d consents to reuordatio~ thereof by its d~uth~ed ~f~ue~ Date: {O/~/~ By: [ ~/~ ~ ~~7 ~ / A~n D. Archibald ~ ' Director of Engineering Se~ices City of Encinitas cov4641 2 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 .,,y,-.omm. F-xI~e~FEB 26 1999 BX IEIT 'A' 1 $ 91 LEGIt., DEBCRIPTION (HOHE DEPOT PROPERTY) PARCELS 'A' AND '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: pARCEL 'A' 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 RECORDOF SURVEY NO. 14118 AND THE SOUTHERLY RIGHT-OF- WAY OF SAID OLIVENHAIN ROAD 1. SOUTH 56027'47" EAST 159.34 FEET (SOUTH 56°26'46' EAST 191.19 FEET PER RECORD OF SURVEY NO. 14118) TO THE TRUEPOINTOF 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. 14118) TO THE BEGINNING OF A 832.01-FOOT RADIUS CURVE CON- CAVE NORTHEASTEP. LY; THENCE ALONG THE ARC OF SAID CURVE ANDRIGHT-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 BEA~S SOUTH 03°43'26" WEST; THENCE ALONG THE ARC OF SAID CURVE 7. EASTERLY 97.48 FEET THROUGH A CENTRAL ANGLE OF 03o38'15' TO THE TRUE POINT OF BEGINNING. CONTAINS 4,261 SQUARE FEET, MORE OR LESS. PAGE i OF 2 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"34'48" 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. WESTERLY 245.04 FEET THROUGH A CEBT~d~L ANGLE OF 09"27'05" TO AR INTERSECTION W~TH THE EASTERLY RIGHT-OF-WAY OF EL CAMINO REAL AS DEDICATED PER DOCU- M-ENT RECORDED NO%rEI~BER 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. SOUTH 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"; THq~NCE 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 LE.SS. PAGE 2 OF 2 SHEET I OF I SHEET ~, 1693 '~ PARCEL 2 P.M, NO, 5£BB ~ ~ c~,~" ~ o~ ' r~ .~C S~ ~T ~ ~ IPA~C~ ~ .~ ~ ~IN H~ D~OT ~OP. O~B~ 2~ 1969 ~ 217~6, ~R. ( ) R~D DATA P~ D~ NO. ~55280 ~ ~ ~ INDICA~ Q~ B~ND~I~