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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