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