2001-587486RECORDING REQUESTED BY: ~e2[Uc~ 17, 2001 12:39 PM
AND WHEN KECORDED MAIL TO: ~[FICI~L
~ 1)IE~ ~ REI/]I~ER'S OFFIOE
FEES: 0.00
(.)Vt/iV I ) l[- ~/ ~/1 l ~* v u ( 2001.05874ee
line)
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
" B~AND
·RECC~RDING REQUESTED
AFTER RECORDING MAIL TO:
Attention: City Clerk 6902
THE CITY OF ENCINITAS
505 S. Vulcan Avenue
Encinitas, CA 92024
SPACE ABOVE THIS LINE FOR RECORDER'S USE
NO DOCUMENTARY TAX DUE - R&T 11922 (amended)
NO FEE - GOVEP. NMENT CODE SECTION 6103
Title Order No. Escrow No.
Assessor Parcel Nos. 257-011-14 [ ] Ail
IX] Portions
TEMPORARY CONSTRUCTION EASEMENT
..... ~' ~" ~i~i~SFERTAX$ 0
For and in consideration of a valuable consideration,
JAMES RAYMOND KONN and CHERYL KAY KONN
HEREBY GRANT to the CITY OF ENCINITAS, a Municipal Corporation, in the County
of San Diego, State of California, its successors or assigns, for 1) access
and 2) work and/or staging area, for a period beginning the earliest of 1)
date of recordation of executed deed, 2) effective date of court of competent
jurisdiction's order of possession, or 3) effective date of grant of written
right of entry, and ending 35 days after recordation by City or its
contractor of a certificate of completion of project or ~ days whichever
is earlier, over, under, along and across all that real property situated in
the City of Encinitas, County of San Diego, State of California, described as
follows:
See legal description in EXHIBIT "A," and depiction in
EXHIBIT "B," attached hereto and incorporated herein by
this reference.
IN WITNESS WHEREOF, the grantor hereto has cause this Temporary
Construction Easement to be executed as of this ~ day of
~/7%2~ , 2001·
This is to certify that the interest in real property
conveyed by this instr~ent to the City of Encinitas,
a municipal corporation, is hereby accepted by the
undersigned authorized officer on behalf of the City
of Encinitas, and the grantee hereby co e~t to
recordation thereof by its du uthori ice .
Dated ~/~0--~' BYi~.~. ~~
Konn/G-B/TCE
EXHIBIT A (LEGAL DESCRIPTION) 6 9 0 3
TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES
PARCEL G-3
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:
PARCEL G-3a
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 continuing along said East and West
centerline South 88022'29'' East 21.40 feet to the TRUE POINT OF BEGINNING; thence
leaving said East and West centerline North 21°11'30" West 50.70 feet; thence South
78014'39" West 16.53 feet; thence South 50057'30'. East 16.98 feet; thence South 3o05'39"
West 7.03 feet; thence South 39°38'31'. East 34.01 feet to the TRUE POINT OF
BEGINNING.
PARCEL G-3b
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 Westerly line of said land
conveyed to Gay et al North 17°30'23" West 32.64 feet to the beginning of a non-tangent
curve concave Easterly having a radius of 1972.00 feet, a radial line to said point beam
South 74°39'01.' West; thence leaving said Westerly line Northerly 11.66 feet along said
curve through a central angle of 0°20'20"; thence tangent from said curve North 15°00'39.'
West 126.42 feet 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 88027'27.' East 12.16 feet to the TRUE POINT OF BEGINNING;
thence continuing along said Northerly line South 88027'27.' East 8.71 feet; thence leaving
said Northerly line South 11°39'52" East 63.21 feet; thence North 19004'20'' West 65.74
feet to the TRUE POINT OF BEGINNING.
Parcels G-3a and G-3b containing 658 square feet, more or less.
As shown on Exhibit "B" attached hereto and by this reference made a part hereof.
BRIAN K. MIC N, L.S. No. 7320
LICENSE EXPIRES: JUNE 30, 2001 ~ No. 7320
EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION)
TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES 690 4
PROPOSED QUAIL
GARDENS DRIVE(~)-EXISTING
~IRREVOCABLE OFFER
NORTHERLY LINE OF THE SOUTH HALFTO DEDICATE REAL
J OF THE SOUTH HALF OF THE SOUTH PROPERTY FOR
~,5~ HALF OF THE SOUTHWEST QUARTER OF PUBLIC RIGHT OF WAY
5~.~ THE NORTHEAST QUARTER OF SECTION PURPOSES RECORDED
~ 10, t. 13 S., R. 4 W., S.B.M. NOVEMBER 1, 1989 AS
~ 6.32'- N 88027'27'' W1322.82' ~ FILE NO. 89-594744 OF
265.25' 3FFICIAL RECORDS.
238.07'
JE POINT
OF BEGINNING WESTERLY
LINE DEED
WESTERLY LINE ~ PARCEL G-3b 1657/142
DEED 1657/142
~; G-3b
N 03°05,39" E '~,. G-3a
7.03'
AA~ j .~ % POINTOF\
vv
BEGINNING
PARCEL G-3a
422.76' 265.00'
243.60'
U88°22'29"W ~.~ .40'
POINT OF
o
CENTER OF SECTION 10, BEGINNING 1323.43'~
T. 13 S., R. 4 W., S.B.M. PARCEL G-3a
SOUTHERLY LINE OF THE ~ SOUTHWEST CORNER
SOUTHWEST QUARTER OF THE DEED 1657/142
NORTHEAST QUARTER OF '~1 J 8LVD
SECTION 10, T. 13 S., R. 4 W., S.B.M. 51' ~u~
i /,~. ,/~/.. ~ ~~I 'l~'~_ SITE
'~~ MY LICENSE EXPIRES JUNE 30, 2001 VICINITY MAP
"..?.~ cA~.7,." NO SCALE
6905
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ~ ~ ~j~ ss.
On~.~?~t/~ ~--(~P ! .before me,~/'~*~-)~)'~' ~'/~/Z_Z~'--'~C~,~
personally appeared,,,J~',~ ~, ~ ~//~',~,..~/-. ~/.
rrSOnally known to me
oved to me on the basis of satisfactory
evidence
! ~.~,. _ ........................ to be the person(s) whose name(s)
~ ~ ~M PAM~GBN (~C.M. ~2~J2F,,~oRUNR~ A~' '~ NROF~C'~ALSEAL 'acknowledgedSUbscribed tOte theme thatwithinh~ecutedinstrument a~-d
the same in his/h~ authodzo~
! X~/ SAN DiEGO'COUNTY ~ capacity(ies), and that by his/heti~ei~
,'"~ MY COMM. EXP. JAN. 6, 2003 j signature(s) on the instrument the person(s ,~r
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the info~Tnation below is not required by law, it may prove valuable to persons relying on the document
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name: .....
~ Individual
[] Corporate Officer -- Title(s):
[] Partner--[] Limited [] General
[] Attorney in Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing:
AGREEMENT TO C~4VEY 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 Korm.
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
property 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, if known by him, must have
materially affected his settlement with the debtor.
GRANTORS:
CHERY~ KAY (~ONN
GRANTEE:
CITY OF ENtEINI~S
Dated: By:
Its: /
Al:~aved as to formz
//
[ Li~a D. Ba~, Esq. /
N.~cia Counsel for the City of Enci~tas