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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