Loading...
1996-464868~eco~rding ReqUested By: ). 12-SEP-1996 02=33 PM ) 1'23 OFFICIAL RECO OS City of Encinitas ) ) ~ OZEGO COUNTY RECOROER'S'OFF[CE When Recorded Mail to: ) GREGORY Sf'ITTN, COUNTY RECORDER city Clerk ) FEES: 0.00 city of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) ) FOR THE BENEFIT OF THE CITY ) )SPACE ABOVE FOR RECORDER'S USE ONLY EASEMENT FOR CITY HIGawAY Assessor's Parcel Project No.: CMS95G No. 254-024-01 W.O. No.: Home Depot U.S.A.,.a Delaware Corporation hereinafter called GRANTOR(S), de(es) hereby grant, convey and dedicate to the CITY OF ENCINITAS, State of California, hereinafter called GR~%NTEE, the right of way and incidents thereto 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: and "B" SEE EXHIBIT "A"~ATTACHED HERETO ANDMADE A PART HEREOF BY THIS REFERENCE, cov4054 124 The Grantor hereby further grants to the CITY OF ENCINITAS the p~ivilege 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, support and/or drainage facility, provided such substitution is. first approved in writing by the City Engineer. 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 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. 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. Dated.this 8th day of August , 199--6 HOME DEPOT U.S.A., INC., a Delaware corporation /~Danie~ R. Hatch~ Senior / Corporate Counsel Signature of Owner? to be notarized. IAttach the appropriate acknowledgements. 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 Right-of-Way Dedication and c~nsents to Alan D. Archibald Director of Engineering Services City of Encinitas cov4054 2 125 STATE OF CALIFORNIA COUNTY OF ORANGE On August 8, 1996, 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. SIGNATURE OF NOTARY PUBLIC (SEAL) 126 EXHIBIT "A" LEGAL DESCRIPTION (HOME DEPOT PROPERTY) APN: 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: 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. South 56027'47'' East 5.89 Feet (South 56026'46'' East per Record of Survey No. 14118) to the POINT OF BEGINNING; thence continuing along said boundary and right-of-way. South01°40'05" West 125.00 Feet To the ' TRUE POINT OF BEGINNING being a point on the Easterly right-of-way of El Camino Real, portion thereof dedicated per document, recorded November 10, 1994 as File/Page No. 94-0655280 of official records, filed in the office of said County Recorder. Thence along a radial to the said right-of-way. South 88019'55'' East 6 Feet Thence along a line parallel to the Easterly right-of-way line. Thence, South 01 °40'05" West 40 Feet Thence, North 88°19'55'' West 6 Feet Thence, North 01°40'05" East 40 Feet To the TRUE POINT OF BEGINNING. Contains 240 square feet more or less. 127 ,~' SHEET 2 OF 2 Q:~ ~ ~ PUBLIC ~T~EET EA~E,ENT ~ ~ ~~ PER P~ 5288 "  LIC RIGHT-OF- WA Y ~ RECORDED SEPTEMBER 28, 196~ AS FILE NO. OAD EASEMENT ~ DEED RECORDED 19, 1970 A~ FILE NO. 49122, ~ PUBLIC ROAD EASEMENT F1ob DEED RECORDED JUNE 22, 1970 ~ ~ AS FILE NO. 108464, O.R~. ~ ~ ~' R~O~ 1411~ ' S 88'~9'55" E PUBLIC ROAO ESMT RECORDED 11-10-94 AS FIR NO. 9~-0656280,0. R. LECEND: PUBLIC ROAD ESMT RECORDED NOVEMBER 28, 1969 AS FILE NO. 217~26, O.R. ~ INDICATES ROAD EASEMENT WITHIN HOME DEPOT PROP. AREA = 240 SQ. .... /ND/CA TES CITY BOUNDARIES PROJECT NAME: PROJECT NO.EXHIBIT OLIVENHAIN ROAD DEDICATION 3466 B