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2001-587487RECORDING REQUESTED BY: -:z-.- ~ Aug 17, 2001 12: 39 PHi AND WHEN RECORDED MAIL TO: {][FI~I~ ~ ~'s USE ONLD ~l~se fiH ~ d~efit afle(s) on ~s l~e) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) ~?TER RECORDING MAIL TO: Attention: City Clerk 6907 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 - GOVERA~4ENT CODE SECTION 6103 Title Order No. Escrow No. Parcel No. 257-011-14 [ ] Ail [X] Portions EASEMENT DE~., 1^×$ 0 ~JU~ENTARY TRANSFER For and in consideration of a valuable consideration, JAMES RAYMOND KONN and CEERYL 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, the permanent easement and right of way to construct, reconstruct, maintain, operate and repair an earth excavation or embankment, slope or slopes, and a storm drain, drains, or drainage, including any or all incidents and appurtenances thereto, 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. Reserving unto the Grantors herein, heirs, successors and assigns the continued use of the above-described parcel of land subject to the following conditions: the erecting of buildings, masonry walls, masonry fences and other structures; the planting or growing of trees; the changing of the surface grade; and the installation of privately owned pipe lines shall be prohibited except by written permission from the City of Encinitas. IN WITNESS WHEREOF, th~qrantors hereto has cause this Easement Deed to be executed as of this ~~-day of ~ , 2001. This is to certify that the interest in real property ~/ conveyed by this instrument 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 h reby consents o Datedrec°rdati°~O~/the eof by its BydUl~uth°rize~ ~o cer ~ Its. ~~1~ ~ Konn/G-2/Slope & Drainage Easement EXHIBIT A (LEGAL DESCRIPTION) EASEMENT FOR SLOPE MAINTENANCE AND DRAINAGE PURPOS~EgS0 PARCEL G-2 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 88°22'29" 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 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 88027'27'' East 6.32 feet to the TRUE POINT OF BEGINNING; thence continuing along said Northerly line South 88027'27'' East 12.16 feet; thence leaving said Northerly line South 19004'20'' East 65.74 feet; thence South 10o05'08'' East 47.55 feet; thence North 74°59'18'' East 4.27 feet; thence South 15°00'42'' East 10.00 feet; thence South 78014'39'' West 16.53 feet; thence North 15000'39'' West 125.48 feet to the TRUE POINT OF BEGINNING. Containing 1,771 square feet, more or less. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. BRIAN K. MICKE~.SON, L.S. No. 7320 LICENSE EXPIRES: JUNE 30, 2001 EASEMENT FOR SLOPE MAINTENANCE AND DRAINAGE PURPOSES 69 0 LUco ¢ ', GARDENS DRIVE n~ ~ NORTHERLY LINE OF THE SOUTH · ' ~ HALF OF THE SOUTH HALF OF THE II · - ~ SOUTH HALF OF THE SOUTHWEST 5~,~ , QUARTER OF THE NORTHEAST ~ ~ QUARTER OF SECTION 10, T. 13 S., R. 4 W., S.B.M. ~ N 88°27'27" W 1322.82' 265.25' 249.24' RUE POINT OF ~ BEGINNING WESTERLY WESTERLY LINE ~ ~' PARCEL G-2 LINE DEED DEED 1657/142 1657/142 422.76' o 265.00' · N88°22'29"W . ~ CENTER OF SECTION 10, ' '~, 1323.43'~ ,- T. 13 S., R. 4 W., S.B.M. POINT OF SOUTHERLY LINE OF THE ,~,¢~ BEGINNING SOUTHWEST QUARTER OF THE ~)r~,\.~, _, SOUTHWEST CORNER NORTHEAST QUARTER OF "~ ~,~' DEED 1657/142 SECTION 10, T. 13 S., R. 4 W., S.B.M. ,,,,~ I~'1'~ A~-~" EXISTING IRREVOCABLE PROPERTY FOR PUBLIC RIGHT OF WAY PURPOSES RECORDED NOVEMBER 1, BRIAN K. MICKELSON, L.S. # 7320 1989 AS FILE NO. 89-594744 MY LICENSE EXPIRES JUNE 30, 2001 OF OFFICIAL RECORDS. 6910 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~ ~ .,~ ss. O On'~Z~..~_ ,~ ~)// , before me~/~,.)O~ ~_~. ,/~'//.-/-.~-~::~. ~ 6a{e/ Nama and Tit~e of Officer (e,g. ~J~ne Doe, Notary Public") personally appeared ~.~',~' /~. Name(s) ol Signer{s) [] personally known to me ~:~roved to me on the basis of satisfactory evidence ......................... to be the person(s) whose name(s) i,s~ ~ ~ OFFICIAL SEAL [ subscribed to the within instrument and ~ ~.,.,~,~ RANDA G, MILLJOUR ' acknowledged to me that he~xecuted ,~, ~INOTARY PUBLIC-CALIFORNIA~ '= \'~7 COMM. NO. ]2042,50 ~: the same in his/he eir~__.~0~authori~ I ~.~/ SAN DIEGO COUNTY ! capacity(les), and that by his/h~the~ ~ MY COMM. EXP. JAN. 6, 2003 ......................... J signature(s) on the instrument the person(~-, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. P~ace Notary Seal Above Si~ii~u r e of Notary P~lic 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 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 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 Association · 9350 De Soto Ave. PO. Box 2402 · Chatswor~h. CA 91313-2402 Prod No 5907 Reorder: Call Toll-Free 1-800-876-6827 AGREEMENT TO ~[~VEY PROPERTY, SETTLEMENT ~LEASE 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 Koun and Cheryl Kay Korm ("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: P ¥ OND Dated: CHERY~ KAY I~ONN GRANTEE: CITY O F, E~t~ IN~S Dated: By: /(.x~/~/2~x Its: /City Manager Ar~?oved as to form: Lined D. Bartz Esq. / '~, Special Counsel for the City of Encinitas