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
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O~B~ 2~ 1969 ~
217~6, ~R. ( ) R~D DATA P~ D~ NO. ~55280
~ ~ ~ INDICA~ Q~ B~ND~I~