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A G R E E M E N T <br />THIS AGREEMENT, made and entered into this 28th <br />day of August , 1973, by and between the COUNTY OF <br />SAN JOAQUIN, a political subdivision of the State of Cali- <br />fornia, hereinafter referred to as "COUNTY",.and HENRY <br />SOETEN AND TINA SOETEN, husband and wife, hereinafter re- <br />ferred to as "LANDOWNERS"; <br />0 <br />WITNESSETH: <br />WHEREAS, LANDOWNERS have previously conveyed to the <br />County of San Joaquin 0.018 acre parcel of land for COTTAGE <br />AVENUE ROAD NO. 319 by Grant Deed dated April 5, 1973; and <br />WHEREAS, said Grant Deed was accepted by the Board of <br />Supervisors of COUNTY by Resolution No. R-73-848 on April <br />17, 1973; and <br />WHEREAS, at the time of negotiation of the sale of <br />said land to COUNTY, LANDOWNERS and the agents of COUNTY <br />were under the mistaken assumption that one certain Almond <br />Tree was located upon other lands of LANDOWNERS; and <br />WHEREAS, the parties have discovered that said Almond <br />Tree was, in fact, located upon said parcel conveyed to <br />COUNTY; and <br />WHEREAS, as a result of said mutual mistake, LANDOWNERS <br />have suffered a loss of Fifty Dollars ($50.00); <br />NOW, THEREFORE, IT IS HEREBY AGREED by and between the <br />parties hereto that: <br />1. COUNTY agrees to pay LANDOWNERS the additional <br />SUM of Fifty Dollars ($50.00) for the value of the Almond Tree. <br />2. In consideration for the payment of said additional <br />SUM by COUNTY, LANDOWNERS agree not to attempt to set aside or <br />rescind the prior conveyance to COUNTY. <br />3. LANDOWNERS agree not to institute or pursue any <br />legal proceedings against COUNTY as a result of the COUNTY'S <br />taking or destruction of said additional Almond Tree. <br />85 <br />