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.