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2001-587485 ' ~001 ~'?~'~'~'~o?"~'. DOC -05B7485 ~CO~G~Q~S~DBY~ ~Ug 17 · 2001 12:59 PM ~ ~N ~CO~ED ~ TO: ~I~I~ ~ ' ' ~G~Y J. ~ITH, ~Y RE~R Io 4~-ot ) ( ~1~ 511 ~ d~cnt ~s) on ~S l~c) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) '' P~CO~RDING I~EQr3~$T~D BY m,m WaE, .SCO En r,m n 6 8 9 7 Attention: City Clerk THE CITY OF ENCINITAS 505 S. Vulcan Avenue Encinitas, CA 92024 Exempt from Recording Fee Exempt from Documentary Transfer Tax Pursuant to Government Code ~ 6103 Pursuant to R&T Code ~ 11922 (Space above this line for Recorder's use) GRANT DEED DOCUMEntARY TRANSFER TAX $ Assessor Parcel Number: 257-011-14 [ ] All IX] Portions FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JAMES RAYMOND KONN and CHERYL KAY KONN HEREBY GRANT TO THE CITY OF ENCINITAS, A MUNICIPAL CORPORATION, all rights, interests, or title to the real property located in the City of Encinitas, County of San Diego, State of California described in Exhibit A and depicted on Exhibit B attached hereto and incorporated herein by this reference. IN WITNESS WHEREOF, the grantor hereto has cause this Grant Deed to be executed as of this ~ day of ~ , 2001. This is to certify that the interest in real property conveyed by this Grant Deed, from James Raymond Konn and Cheryl Kay Konn, to the City of Encinitas, is hereby accepted by the undersigned on behalf of the City of Encinitas pursuant to authority conferred therein and the grantee consents to recordation thereof by its duly authorized officer. The ~yi~c'~ita~ ~/~ita ,. mu ' ipal corporation Dated: ~~/ BY: v _,,,,v~ ,v,l~~A~/ Konn/G-1/ROW EXHIBIT A (LEGAL DESCRIPTION) RIGHT OF WAY FOR PUBLIC ROAD PURPOSES 6 8 9 8 PARGEL That portion of the South half of the South half of the South half of the Southwest Quarter of the Northeast Quarter of Section 10, Township 13 South, Range 4 West, San Bernardino Meridian, in the City of Encinitas, County of San Diego, described as follows: Beginning at a point on the East and West centerline of said Section 10, distant thereon South 88022'29'' East 422.76 feet from the center of said Section 10, said point being the Southwest corner of that parcel of land conveyed by Mary D. Vaughan to Leslie F. Gay et al by Deed recorded July 13, 1929 in Book 1657, Page 142 of Deeds, in the Office of the County Recorder of said San Diego County; thence along the Westedy line of said land conveyed to Gay et al North 17°30'23" West 172.66 to a point on the Northerly line of said South half of the South half of the South half of the Southwest Quarter of the Northeast Quarter of Section 10; thence along said Northerly line South 88°27'27" East 6.32 feet; thence leaving said Northerly line South 15o00'39.. East 125.48 feet: thence South 50°57'30" East 16.98 feet; thence South 3005'39.' West 7.03 feet; thence South 39°38'31" East 34.01 feet to a point on said East and West centerline of said Section 10; thence along said East and West centerline North 88022'29'. West 21.40 feet to the Point Of Beginning. Containing 907 square feet, more or less. TOGETHER WITH all abutters Right of Access along the course hereinabove described as South 15000'39" East 125.48 feet. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. BRIAN K. MICKELSON, L.S. No. 7320 LICENSE EXPIRES: JUNE 30, 2001 RIGHT OF WAY FOR PUBLIC ROAD PURPOSES 6899 BRIAN K. MICKELSON, L.S. # 7320 '~/ti ,~,,~,?/ _ .--~? MY LICENSE EXPIRES JUNE 30, 2001 ~,'~;,~..~SITE L,NE OF ~ ~ ~.. PROPOSED THE SOUTH HALF OF ~ "~ ~-- THE SOUTH HALF OF ~ QUAIL GARDENS THE SOUTH HALF OF VICINITY MAP \ DRIVE THE SOUTHWEST QUARTER OF THE ~ N 88o27,27. W% 5~, ' NORTHEAST QUARTER ~ 1322.82'~V~ -~ OF SECTION 10, T. 13 S., ~ R. 4 W., S.B.M. 362.58' 6.32' G-1 WESTERLY LINE c4 DEED 1657/142 ~ ; [o ~ 4~d,O, F. FLo- ' & JkJO, 1¢¢01 I --~/vv 0_30 ~-~' .03' . PARCEl G-1 N 03°05,39,,E \  422.76' 265.00' ~0'o ~ 21.40' ~ N88°22'29"W - o 1323.43'~ ~- CENTER OF SECTION 10, ' T. 13 S., R. 4 W., S.B.M. POINT OF SOUTHERLY LINE OF THE BEGINNING  SOUTHWEST CORNER SOUTHWEST QUARTER OF THE ~ DEED 1657/142 NORTHEAST QUARTER Of SECTION 10, T: 13 S., R. 4 W., S.B.M. EXISTING IRREVOCABLE OFFER TO DEDICATE ~ INDICATES ABUTTERS REAL PROPERTY FOR PUBLIC RIGHT OF WAY t _~-! ACCESS RIGHTS PURPOSES RECORDED NOVEMBER 1, 1989 \ RELINQUISHED AS FILE NO. 89-594744 OF OFFICIAL RECORDS. HEREON 6900 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ) County of ~ Z~ ~ ss. On-~-~?~o~~)/ ,beforeme,~~)'~ 6-/~//~L~7'~O~ Z)4)"-~5/~0~,/C Name and Title of Officer (e.g,, ~Jane Doe, Not~y Pt~blic") personally appeared ~-/~t-2~'~.~, q/" ~'~--~,./~ ~- ~. ~"~/~//~ Name(s) of Signe¢(s) [] personally known to me ,,l~proved to me on the basis of satisfactory evidence l,t'~-~ OFFICIAL SEAL-- '~ to be the person(s) whose name(s) iQ '~r'~.--~t RANDA G, MILLJOUR · acknowledged to me that he~xecuted~ ~J~NOT~A_R~.PUBLIC-CALiFORNA~ subscribed to the within instrument and t ~ ' L;UMM. NO. 12042,50 ~ the same in his/heL-;rthei~./' aut~o-~.~" · \~/ SAN DIEGO COUNTY B [, ~'/ MYCOMM. EXP. JAN. 6, 2003 capacity(ies), and that by his/he h~ .................... U signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notar~ Seal Above t ~(ignature of Notery~ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another dccument. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ~ Individual Top of thumb here [] Corporate Officer -- Title(s): [] Partner-- [] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: © 1997 National Notary Asscciatiofl · 9350 De Sore Ave,, P.O BOX 2402 · Chatsworffi CA 91313 2402 Prod No. 5907 Reorder: Call Toll Free 1-800-876-6827 AGREEMENT TO C~qVEY PROPERTY, SETTLEMENT ~EASE AND ACKNOWLEDGMENT OF RECEIPT OF FUNDS AND PROMISE TO PAY FUNDS This Agreement to Convey Property, Settlement Release and Acknowledgment of Receipt of Funds and Promise to Pay Funds ("Agreement") is made effective as of May 29, 2001 by James Raymond Konn and Cheryl Kay Konn ("Grantors") and the City of Encinitas, a municipal corporation ("Grantee") who agree as follows: Grantors shall convey to Grantee public street right-of-way, a slope and drainage easement, and a temporary construction easement for the extension of Quail Gardens Drive as more particularly described in the deeds conveying same executed, dated and delivered by Grantors on May 29, 2001. In exchange therefor, City shall pay to Grantors the total sum of TWENTY ONE THOUSAND FOUR HUNDRED EIGHTEEN DOLLARS AND NO CENTS ($21,418.00) total compensation, receipt of $10,418 of which is hereby acknowledged. City shall forthwith upon execution of this Agreement by Grantors disburse the balance due in the amount of $5,500.00 to Cheryl Kay Konn and $5,500.00 to James Raymond Konn. Grantors acknowledge and agree that receipt of said total compensation extinguishes any and all claims of every nature and kind that Grantors could have raised in connection with City's acquisition of said propqrty for said public project, including all known and unknown claims. Grantors expressly waive any benefits under California Civil Code § 1542 which provides that: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, it'known by him, must have materially affected his settlement with the debtor. GRANTORS: CHERY~ KAY ~ONN GRANTEE: CITY OF ENIglNI~S Dated: By:/~/~~/( Its: ' las to forrm for the City of Encinitas