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1990-574556 City of Encinitas When Recorded Mail to: City Engineer City of Encinitas 527 Encinitas Boulevard ~ ¢£~A ~YLE j ~ ~?UNTY R~CO~O~ Encinitas, CA 92024 FOR THE BENEFIT OF THE CITY NO FEE SPACE ABOVE FOR RECORDER'S USE ONLY EASEMENT FOR CITY HIGHWAY Assessor's Parcel Project No.: No. 256-014-01 W.O. No.: Log. No.: ROBERT E. SCHUBERT AND BARBARA ANN SCHUBERT, AS TRUSTEES OF THE SCHUBERT FAMILY U.S.A. TRUST DATED SEPTEMBER 26, 1983 hereinafter called GRANTOR(S), do~) hereby grant, convey and dedicate to the CITY OF ENCINITAS, State of California, hereinafter called GRANTEE, 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: SEE EXHIBIT "A" AND "B" {~ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE HS/05/COV1-62WP5 (6-12-89) 1 The Grantor further grants the Y 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, 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 /~ ~ day of ~--~~ , 19~0  ~SCHUBERf, TRUSTEE Signature of Owner's 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 of said COuncil adopted on July 27, 1987 that the City of Encinitas consents to the making of the foregoing Right-of-Way Dedication and consents to recordation thereof by its duly authorized officer. Date: ~-//-~ By: ~ WARREN H. SHAFER, City Manager City of Encinitas HS/05/COV1-62WP5 (6-12-89) 2 TRUSTEE, FAMILY TRUST THE TITLE COMPANY IN THE SUBDIVISION GUARANTEE PROVIDES THE TRUSTEE NAME WHEN THE TRUST WAS ESTABLISHED FOR FINANCIAL REASONS. IN ALL OTHER CASES, A COPY OF SAID TRUST AGREEMENT WOULD BE REQUIRED WITH THE FIRST MAP SUBMITTAL. ROBERT E. SCHUBERT AND BARBARA ANN SCHUBERT, AS TRUSTEES OF THE SCHUBERT FAMIL~U.S.A. TRUST DATED SEPTEMBER 26, 1@83. --P~OBERT E' SCHUBERT - TRUSTEE BARBARA ANN SCHUBERT - TRUSTEE STATE OF CALIFORNIA SS COUNTY OF SAN DIEGO ON October 18~ 1990 , BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED Robert and Barbara ~hubert (PERSONALLY~ KNOWN TO ME) (PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE TRUSTEES OF THE SCHUBERT FAMILY U.S.A. TRUST, THE TRUST THAT EXECUTED THE WITHIN INSTRUMENT, (PERSONALLY KNOWN TO ME) (PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON(S) WHO EXECUTED THE WITHIN INSTRUMENT ON BEHALF OF SAID TRUST, AND ACKNOWLEDGED TO ME THAT SAID TRUST EXECUTED THE SAME· WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES April 22, 1994 ,WOTARY PUBLIC IN AND FOR SAID STATE. K~m M. Oo~s 2198 EXHIBIT "A" That portion of Lot 8 in Block 2 of SOUTH COAST PARK NO. 2, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1859, filed in the Office of the County Recorder of San Diego County, September 21, 1925, lying Southerly of the Northerly line of said Lot 8 AND lying Westerly of the Westerly line of that land described in deed to the State of California by document recorded August 20, 1934 in Book 320, Page 266 of Official Records AND lying Northeasterly of a 20.00 foot radius curve, concave Southwesterly, said curve being tangent to said Northerly line of Lot 8 and tangent to said Westerly line described above.