1980-271948 i
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84+ 2' 1948
W,H FN RE60RDED,PLEASE MAIL
12 ,x, ;SN:
THIS INSTRUMENT TO: f�8001(
i3>r40 S,OF
"G'oinity-bT tan Diego
i Clerk,Board of Supervisors Department of General Services
San Diego County Administration Center
1600 Pacific Highway p�� } ry
San Diego,California 92101 AUG 06 �
s
OFFICIAL RECORDS
NO TRANSFER TAX DUE SPACE ABOVE FOR IM8(9 FtL�'Lf -INE-Y 1
} RECORDER t
}
GRANT OF OPEN SPACE EASEMENT NO FEE ?
Assessor's Parcel Project TM16061 '-
No 256-412-55, 56 W.O. No. TC6061
Parcel No. 80-0674A ` g
Log No. -
1 WHEREAS,
JOE R. PERELLA, JR. and MARY M. PERELLA,
L husband and wife warrants that they are the owner of the
FEE SIMPLE ESTATE in and to the land in the County of San Diego, State of California, described in Exhibit "A"
attached hereto ("The Subject Land"); which estate is or may be subject to real estate taxes, assessments, conditions,
f� restrictions and easement all as the same may be of record, and 0
` 2. It is the desire of the Grantor and the County of San Diego, a political subdivision of the State of California (herein
f after referred to as"COUNTY"),that the Subject Land remain OPEN SPACE. I l
( NOW THEREFORE,
}h 1. The GRANTOR grants to the County, I j
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} (A) A perpetual easement for OPEN SPACE purposes over, upon, across and under the Subject Land,and no build-
i ing, structure or other thing whatsoever shall be constructed,erected,placed or maintained on the Subject Land
j except as exists.
(B) The perpetual right, but not the obligation to enter upon the Subject Land and remove any buildings,structures
or other things whatsoever constructed,erected,placed or maintained on the Subject Land contrary to any term, f
i covenant or condition of this easement and to do any work necessary to eliminate the effects of any excavation
or placement of sand, soil, rock or gravel or any other material done or placed on the Subject Land contrary to rn
any term,covenant or conditions of this easement.
2. GRANTOR covenants and agrees for himself and his successors and assigns as follows:
(A) That he shall not erect, construct, place or maintain,or permit the erection,construction,placement or mainte-
nance of any building or structure or other thing whatsoever on the Subject Land other than such buildings,
structures and other things as may be permitted pursuant to the zoning ordinance of the County of San Diego.
(B) That he shall not use the Subject Land for any purpose except as OPEN SPACE purposes. '
(C) That he shall not excavate or grade or permit any excavating or grading to be done,or place or allow to be placed r '
any sand, soil, rock, gravel or other material whatsoever on the Subject Land without the written permission of T m
t' the County or its successors or assigns: provided,however,that Grantor may'excavate,grade or place sand,soil,
rock gravel or other material on the Subject Land as may be permitted by'special use permit issued pursuant to
the zoning ordinance of the County of San Diego.
ff (D) That the terms,covenants and conditions set forth herein may be specifically enforced or enjoined by proceed-
1' ings in the Superior Court of the State of California.
g
The grant of this easement and its acceptance by the County of San Diego shall not authorize the public or any members
thereof to use or enter upon all or an
r p y portion of the Subject Land,it being understood that the purpose of this easement
is solely to restrict the uses to which the Subject Land may be put.
This easement shall bind the Grantor and his successors and assigns.
L1_
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EXHIBIT "A,. r
Parcel No. 80-0674A (7=7-80) (GS:WM:ab) �. 's:
Parcel 3 of Parcel Map No. 7028, in the County of San Diego, State ?;
of California, said Parcel Map No. 7028 being filed irn the Office € '
of the County Recorder of San Diego County, March 6, 1978 as 0
File/Page No. 78-104666 of Official Records. N
TOGETHER with the Easterly 144.00 feet of Parcel 4 as shown on said
Parcel Map No. 7028 as measured along the Northerly line thereof. CA
E EXCEPTING therefrom those portions of said Parcels 3 and 4 lying
within a 20.00 foot wide strip of land the Southwesterly line of Z
said strip being described as follows:
e, BEGINNING at the Southwest corner of said Parcel 3; thence along the m
x Southwesterly boundary thereof South 77000'29" East, 123.37 feet to
o an angle point in the boundary of said Parcel 3; thence leaving said ,
{ Southwesterly boundary, South 60 050'34" East, 45.83 feet to a POINT
OF TERMINUS.
The Westerly end of said strip is to terminate in the Westerly boundary O ;h
} of said Parcel 3; the Easterly end of said strip is to terminate in a
line that bears North 00 050'52" West through the POINT OF TERMINUS. !
r This Open Space Easement precludes any residential or recreational
uses (pools, patios, etc.) within its boundaries.
The Open Space Easement can be modified to allow,residential or
j' recreational- uses (pools, patios, etc.) .within its boundaries when r
the applicant submits a site plan or a grading plan with acceptable
noise mitigation measures to the satisfaction of the Environmental
Analysis Coordinator of the County of San Diego.
L.
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This Open Space Easement shall preclude vegetation removal or
additions with 'the exception that brush !clearing for fire
protection purposes shall be permitted upon "written order `by
the appropriate fire :fighting or fire protection agencies:.
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1.253
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Dated this day of ' 1980
JOEY. PERELLA, JR. �r ;
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MARY M. ®ERELLA
STATE OF t�
County of !► ss.
On , 1 efore me, the ndersig ed, a Notary Public in and for said
County Sta ,person Ily appeared Q ,
r} known to me to be the person vAose name -P subscribed to the within
j instrument,and acknowledged that f executed the same. fi
Witness m- angan _o cial seal
{:
4'
Notary Public in and for said County and State
I
t' STATE OF CALIFORNIA, ' `w01n11 aMu�rr2ff ifl2 '� g
County of San Diego. ss. ,
#; .r
On this day of in the year 19 before me, ROBERT D. ZUMWALT,
�- County Clerk and ex-officio Clerk of the Superior Court in and for said County,which is a court of record
having a seal,personally appeared
known to me to be the person described in and whose name
subscribed to and who executed the annexed instrument,and acknowledged to me that
he executed the same.
IN WITNESS WHEREOF 1 have hereunto set my hand and affixed the seal of said Court at my office in the
r County of San Diego,the day and year in this Certificate'first above written.
ROBERT D.ZUMWALT,County Clerk and ex-officio Clerk of the Superior Court
Y' t
By Deputy
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This is to certify that the interest in real property conveyed by the foregoing deed or grant to the County of
San Diego, a political corporation, is hereby accepted on behalf of the Board of Supervisors of said County
of San Diego pursuant to authority conferred by Resolution of said Board adopted on March 2Q 1979,and the
Grantee consents to recordation thereof by its duly authorized officer:
Dated '
WIfILIAM.L.SULLINS,Director ---�
acility&Real Property Division €t ;
Department of General Services
CCSF 85,51 ` '
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