1995-534235 ) 27-NOU-1C~25 10:18 fill
City of Encinitas )
) OFFICIAL RECORDS
~r~en Recorded Mail to: ) /'~1E~82 SAN DIEGO COUNTY RECOROER'S OFFICE
city Clerk i!~ GREGORY SMITH, COUXTY RECORDER
.City of Encinitas FEES: 0.00
505 South Vulcan Avenue
Encinitas, CA 92024 )
) i.
FOR THE BENEFIT OF THE CITY )
}SPACE ABOVE FOR RECORDER'S USE QNLY ..
E~EMENT FO~ CITY HIghWAY
Assessor's Parcel Project No.: CMS95G
No. 2~-024-01 W.O. No.:
Home Depot U.S.A.f Inc.f a Delaware Corporation
hereinafter called GRANTOR(S), do(es) hereby grant, convey and
dedicate to the CITY OF ENCINITAS, State of California, hereinafter
called GP~%NTEE, the right of way and incidents thereto for a public
highway upon, over and across,hat certain real property in the
City of Encinitas, County cfi San Diego, State of California,
described as follows: Grantor's right, title and interest in
and "B"
SEE EXHIBIT "A"kA'~'~'ACHEDHERETOANDMADE A PART HEREOF BY
THIS REFERENCE,
A 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.
cov4054 i
~f Grantor, if any, 1683
· 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 and/or drainage structures or portions thereof, when in
the written opinion of the City Engineer of Grantee, the necessity
therefore is removed by substituting other protection, suppor~
and/or drainage facility, provided such substitution is-first
approved in writing by the City Engineer. ~rantor's right, title
~nd interest in
The Grantor hereby further grants to Grantee~all trees, growths
(growing or that may hereafter grow), and road building materials
within said right-of-way, including the rightAto take water,
o use the same in such manner and at such,
may deem p~oper, needful or~ecessary, in[
truction, improvement or maintenance of
[said highway, of Grantor, if any
of Grantor, if any,
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 right-of-way hereby conveyed by reason of the
location, construction, landscaping or maintenance of said highway.
OWNER:
HOME DEPOT U.S.A., INC.r
a Del,~r'~orporation
/ Title.~..~
Signature of Owners to be notarized.
Attach the appropriate acknowledgements.
I certify on behalf of the City Council of the City of Encinitas,
pursuant to authority conferred by Resolution. ~f said Council
adopted on November 9, ~994 that the City of Enclnltas consents to
the making of the foregoing Right~of-Way Dedication and consents to
recordation t~ereof by its duly/~uthor/~of~f~r~ ~
: .
Director of Engineering se~ices
City of Encinitas
COV4054 2
STATE OF CALIFORNIA )
) ss.
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
B' IBIT ' a ' 1 $ $ 5
L~AL DESCRIPTIO~
(HOME DEPOT PROPP.,RTY)
APH 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 PARTICI/LARLY 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"27'47" EAST 5.89 FEET (SOUTH 56o26'46'' EAST 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 153.45 FEET (SOUTH 56"26'46" EAST PER RECORD OF
SURVEY NO. 14118) TO THE BEGINNING
OF A NON-TANGENT 1,535.50-FOOT
RADIUS CURVE CONCAVE SOUTHERLY, A
RADIAL FROM SAID POINT BEARS SOUTH
07o21'41'' WEST; THENCE LEAVING SAID
BOUNDARY AND RIGHT-OF-WAYALONGTHE
ARC OF SAID CURVE
3. WESTERLY 97.48 FEET THROUGH A CENTRAL ANGLE OF
03"38'15" TO THE BEGINNING OF A
30.00-FOOT RADIUS COMPOUND CURVE
CONCAVE SOUTHEASTERLY;THENCEALONG
THE ARC OF SAID CURVE.
4. SOUTHWESTERLY 48.20 FEET THROUGH A CENTRAL ANGLE OF
92"03'21"; THENCE
5. NORTH 88"19'55" WEST 2.00 FEET TO A POINT ON THE EASTERLY RIGHT-
OF-WAY OF EL CAMINORF2%L, A PORTION
THEREOF DEDICATED PER DOCUMENT
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
PAGE i OF 2
6. NORTH 01"40'05" EAST 104.41 FEET (NORTH 01o37'33'' EAST PER SAID
DOCUMENT NO. 94-0655280) TO THE
TRUE POINT OF BEGINNING.
CONTAINS 4,943 SQUARE FEET MORE OR LESS
PAGE 2 OF 2
SHE~r ? OF I SHEET
P.O.B.
~ ~C ~ ~T
PU~C RO~
~ REC~D~ U~ 19, 1970
~ R~ NO. ~1~ ~R.
~ =92~3'21
=3~'
L =~20'
PUBUC RO~ ~T P~ ,~ · -~ ~ ~ ~ PUBUC RI~T-~-WAY
AS R~ NO. I
~ ~D~ 11-1~ .
~ INDI~;ES ~ ~T
~ ~ H~E D~T P~.
~ ~ ( ) RE~ DATA P~ R~ 1411
~C R~D ~T REC~ ~. ~.~
NO~B~ 2~ 1~9 AS
NO. 217326, ~R.
PRO~ECT NAME: ~ =RO~ECT NO. ~HIBIT