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1984-102475 +XJNEN REC0hDED,PLEASE MAIL 131 84-iO2475 THIS INSTFIUMENT,TO: 1 REC0;iDED w Clerk,Board of Supervisors OFFICIAL RE UNI Y. � San Diego County Administration Center OF SAN DIEGO (�JNT Y.Cr, 1600 Pacific Highway 1984 MAR 21 AM g S 1 Sari Diego,California 92101 { �p VE��RA LA.' E: NO TRANSFER TAX DUE SPACE ABOVE FO" TTAY EW SLW L*F" I'''I)V M" GRANT OF OPEN SPACE EASEMENT Assessor's Parcel Project TM3474-4 No. 259-580-01 ,02.03 W.O.No. E 38 r Parcel No. 83-0430-A Log No. 916-11 M WHEREAS ` ! MEISTEi DEVELOPMENT CORPORATION, 1. a ral ifnrnia rar;nratinn _ warrants that it is the owner of the Vf 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, restrictions and easement all as the same may be of record, and 2. It is the desire of the Grantor and the County of San Diego,a political subdivision of the State of California(herein after referred to as"COUNTY"),that the Subject Land remain OPEN SPACE. NOW THEREFORE, 1. The GRANTOR grants to the County, 4Z k iA) A perpetual easement for OPEN SPACE purposes over, upon,across and under the Subject Land,and no build- it Q ing, structure or other thing whatsoever shall be constricted,erected,placed or maintained on the Subject Land p"m except as exists. (B) The perpetual right, but not the obligation to enter upon the Subject Land and remove any buildings,structures O or other things whatsoever constructed,erected,placed or maintained on the Subject Land contrary to any term, 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 any term,covenant or conditions of this easement. 0 2. GRANTOR covenants and agrees for himself and his successors and assigns as follows: C (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 C any sand, soil, rock, gravel or other material whatsoever on the Subject Land without the written permission of m 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. (D) That the terms, covenants and conditions set forth herein may be specifically enforced or enjoined by proceed- (r ings in the Superior Court of the State of California. 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 any 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, m : F 132 r EXHIBIT "A" Parcel No. 83-0430-A (12-16-83) (LT:LT:rlf) 0 Those portions of Lots 176, 177 and 178 of County of San Diego Tract No. 3474-4 in the County of San Diego, State of California, according to Map thereof No. 10489 filed in the Office of the Recorder of said County September 29, 1982, described as follows: r Parcel 1 That portion of said Lot 176 described as follows: m 0 Commencing at the Southeast corner of said Lot 176; thence North 89°70'31" West 0 along the Southerly line of said Lot 176 a distance of 700.00 feet to the Southwest corner of said Lot 176, being a point in the arc of a non-tangent v 1158.00 foot radius curve concave Easterly, a radial line of said curve bears_ North 89 035'59" West to said point and the TRUE POINT OF BEGINNING; thence Northerly along the arc of said curve, and the Westerly line of said Lot 176, through a central angle of 04°42'55" a distance of 95.30 feet; thence tangent to said curve North 05 006'56" East, 349.80 feet to the beginning of a tangent 20.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 90°00'00" a distance of 31.42 feet; thence tangent to said curve South 84 053104" East, along the Northerly line' of said Lot 176, a distance of 43.09 feet to the beginning of a tangent 430.00 foot v radius curve concave Northerly; thence Easterly along the arc of said curve through a central angle of 12 041'50" a distance of 95.29 feet to a point of m cusp; thence leaving said curve, and the Northerly line of said Lot 176, along G) a non-tangent line South 78 028'59" West, 136.31 feet; thence South 04 018'34" West, 284.33 feet; thence South 07°48'44" West, 134.74 feet; thence South 83°58'51" East, 132.54 feet; thence North 44 056'36" East, 22.98 feet; thence South 85 028'01" East, 0 54.11 feet; thence South 78 030'58" East, 91.91 feet to the above mentioned 0 South line of Lot 176; thence North 89 010'31" West along said South line a dis- tance of 314.32 feet to the TRUE POINT OF BEGINNING. C Parcel 2 z That portion of said Lot 176 described as follows: "e v Commencing at the Southeast corner of said Lot 176, thence North 26°02'11" West along the Easterly line of said Lot 176 a distance of 634.31 feet to the most M Northerly corner of said Lot 176; thence along the Northerly line of Lot 176, South 54 015'35" West, 38.92 feet to the beginning of a tangent 430.00 foot radius curve concave Northerly; thence Westerly along the arc of said curve through a central angle of 23°46'48" a distance of 178.47 feet to a point of cusp with a tangent 20.00 foot radius curve concave Southerly; thence r r r M -2- m 5. f • 1 133 Parcel No. 83-0430-A (Cont.) ' Easterly along the arc of said 20.00 foot radius curve through a central ' 0, angle of 26 016'03" a distance of 9,17 feet to the TRUE POINT OF BEGINNING; thence continuing Southeasterly along the arc of said curve through a central angle of 55 046'09" a distance of 19.47 feet; thence non-tangent to said curve along the prolongation of a radial line of said curve 3, North 70 004'35" East, 9.50 feet to the beginning of a non-tangnet 216.00 foot radius curve concave Northeasterly, a radial line of said curve bears South 70 004'35" West to said point; thence Southerly along the arc of said r curve, being also the right of way line of Via Morella, as shown on said Map No. 10489, through a central angle of 13 016'01" a distance of 50.02 feet; thence continuing along said right of way line, South 33 011'26" East, m 69.27 feet to the beginning of a tangent 184.00 foot radius curve concave Southwesterly; thence Southeasterly along the arc of said curve through a ` ♦ f central angle of 34°00'55" a distance of 109.24 feet; thence tangent to said curve South 00 049'29" West, 59.00 feet to the beginning of a tangent 30.00 foot jD radius curve concave Northwesterly; thence Southwesterly along the arc of said i _curve through a central__anigle of 90 000'00" a distance of 47.12 feet;-thence tangent to said curve North 89 010'31" West, 64.00 feet to the beginning of a tangent 50.00 foot radius curve concave Northeasterly; thence Northwesterly along the arc of said curve through a central angle of 71 033'54" a distance of 62.45 feet; thence leaving said right of way line non-tangent to said curve South 65 044'23" East, 40.15 feet; thence North 81 011'25" East, Z 77.16 feet; thence North 01°07'27" East, 97.77 feet; thence North 22 026'27" West, 82.76 feet; thence North 28 042'16" West, 112.47 feet 0 to the TRUE POINT OF BEGINNING. Parcel 3 m That portion of said Lot 176 descirbed as follows: 0' Commencing at the Southeast corner of said Lot 176; thence North 89°10'31" West (� along the Southerly line of said Lot 176 a distance of 278.00 feet; thence O leaving said Southerly line North 83 041'59" East, 129.00 feet; thence C North 00°49'29" East, 89.00 feet; thence North 54 039'09" East, 67.77 feet; thence North 26 002'11" West, 236.90 feet; thence North 22 019'03" West, Z 100.21 feet; thence North 28 022'25" West, 98.08 feet; thence South 71 015'34" West, 117.04 feet to a point of cusp with a non-tangent 430.00 foot radius curve concave Northwesterly, a radial line of said curve bears South 23 004'12" East, to said point thence Northeasterly along the arc of curve, being also the Northerly line of said Lot 176, through a central angle of 12 040'13" a distance of 95.09 feet; thence tangent to said curve (� North 54 015'35" East, 38.92 feet to the Northerly corner of said Lot 176; thence South 26 002'11" East along the East line of said Lot 176 a distance of 634.31 feet to the POINT OF BEGINNING. , r r i 134 Parcel No. 83-0430-A (Cont.) 0 Parcel 4 That portion of said Lot 178 described as follows: Commencing at the Southeast corner of said Lot 178, thence North 89 010'25" West r along the Southerly line of said Lot 178 a distance of 56.00 feet to the TRUE POINT OF BEGINNING; thence continuing along said South line North 89 010'25" West, 602.65 feet and North 89°10'31" West, 159.28 feet to m the Southwest corner of said Lot 178; thence North 26°02'11" West along the Westerly line of said Lot 178 a distance of 634.31 feet to the Northwest corner of said Lot 178; thence along the Northerly line of said Lot 178 O North 54 015'35" East, 20.56 feet to the beginning of a tangent 270.00 foot radius curve concave Southerly; thence Easterly along the arc of said curve through a central angle of 17 036'47" a distance of 83.00 feet; thence leaving 0 —said Northerly line--non-tangent said curve--South B2°54'01" East;-105.80 feet; thence South 07 052'50" West, 289.46 feet; thence South 81°52'12" East, 101.00 feet; thence South 08 007'48" West, 99.60 feet; thence along the Westerly prolongation of a radial line of the 116.00 foot radius curve concave North- easterly in the boundary of said Lot 178, North 85°10'38" East, 25.00 feet { Z to said curve; thence Southeasterly along the arc of said curve through a central angle of 58 036'44" A distance of 118.66 feet; thence tangent to said curve South 63 026'06" East, 12.00 feet; thence leaving said boundary Q South 41 029'49" West, 80.26 feet; thence South 00°49'29" West, 60.00 feet; m thence South 79 045'57" East, 226.33 feet; thence South 89 037'25" East, 191.01 feet; thence North 87 011'03" East, 236.13 feet; thence South 72°38'20" East, 100.14 feet to the TRUE POINT OF BEGINNING. Parcel 5 That portion of said Lot 178 described as follows: O C BEGINNING at the Southeast corner of said Lot 178, thence North 89°10'25" West Z along the Southerly line of said Lot 178 a distance of 56.00 feet; thence leaving said Southerly line North 71 000'51" East, 38.50 feet; thence North 04 024'57" West, -333.75 feet; thence North 14°37"53' West, 180.07 feet; thence South 89°52'10" West, 122.15 feet to a point in the arc of a non-tangent 20.00 foot radius curve concave Southeasterly, a radial line of said curve C bears North 72 049'38" West to said point; thence Northeasterly along the arc m of said curve through a central angle of 62°35'37" a distance of 21.85 feet to a tangent reverse 950.00 foot radius curve concave Northerly, being also the Northerly line of said Lot 178; thence Easterly along the arc of said . r v -4- , 135 r : Parcel No 83-0430-A (Cont.) curve, and said Northerly line, through a central angle of 03 018'35" a distance of 54.88 feet; thence North 76 027124" East, 79.62 feet to the Northeast corner of said Lot 178; thence along the Easterly line of said �. Lot 178, South 16°15'49" East, 45.17 feet to the beginning of a tangent 1295.85 foot radius curve concave Westerly; thence Southerly along the arc r of said curve through a central angle of 15°39'02" a distance of 353.97 feet; thence South 00°36'47" East, 171.38 feet to the POINT OF BEGINNING. Parcel 6 ^m That portion of said Lot 177 described as follows: 0 Commencing at the Northeast corner of said Map No. 10489; thence Westerly along the Northerly boundary of said Map South 76°27'24" West, 79.62 feet _. v to the beginning of a tangent 950.00 foot radius curve concave Northerly; thence Westerly along the arc of said curve through a central angle of 26 043'45" a distance of 443.19 feet to a Point "A" and the TRUE POINT OF ! BEGINNING; thence leaving said boundary non-tangent to said curve D South 07°07'47" West, 180.57 feet; thence South 03°01'22" West, 91.59 feet; Z thence South 06 031'56" West, 83.71 feet; thence South 79 020'09" East, 87.79 feet to the boundary of said Lot 177; thence along said boundary North 89 010'25" West, 101 .50 feet to the beginning of a tangent 134.00 foot 2 radius curve concave Northerly; thence Westerly along the arc of said curve M through a central angle of 25 044119" a distance of 60.20 feet; thence tan- gent to said curve North 63 026'06" West, 56.69 feet to the beginning of a tangent 84.00 foot radius curve concave Northeasterly; thence Northwesterly 0 along the arc of said curve through a central angle of 21 036'50" a distance of 31.69 feet; thence leaving said boundary non-tangent to said curve 0 North 71 010'58" East, 129.61 feet; thence North 03°05150" West, 87.24 feet; 0 thence North 07 023'36" East, 155.58 feet; thence North 58 048'39" West, C 121.22 feet t6 a p6int'in the arc of a non-tangent 20.00 foot radius curve concave Southeasterly, a radial line of said curve bears North 44°48'36" West Z to said point; thence Northeasterly along the arc of said curve through a central angle of 65 032'25" a distance of 22.88 feet to a point of tangency with said North boundary of Map No. 10489; thence South 69 016'11" East along said boundary 11.42 feet to the beginning of a tangent 950.00 foot radius curve concave Northerly; thence Easterly along the arc of said curve through a central angle of 07 032'40" a distance of 125.09 feet to the m TRUE POINT OF BEGINNING. rm M -5- M7 n 0 F 136 Parcel No. 83-0430-A (Cont.) Parcel 7 That Portion of said Lot 177 described as follows: BEGINNING at the aforedescribed Point "A"; thence retracing Easterly along r the arc of the aforedescribed 950.00 foot radius curve through a central angle of 13 015118" a distance of 219.78 feet; thence non-tangent to said curve South 20°21'21" East, 133.98 feet; thence South 10 054'57" Fast, m 109.17 feet; thence South 33°52'06" West, 24.08 feet; thence South 05 026'15" East, 94.31 feet to the Northerly right of way line of Via Terrassa as shown on said Map No. 10489; thence along said right of way line North 82 024'19" West, 25.00 feet to the beginning of a tangent 216.00 foot radius curve concave Southerly; thence Westerly along the arc of said curve through a -central angle of 14 030'33" a distance of 54.70 feet; v ,thence tangent-to said curve Sou'tb_B3°05'08" West; 18.87-feet to the beginning of a tangent 184.00 foot radius curve concave Northerly; thence Westerly along the arc of said curve through a central angle of 07 044'27" a distance y of 24.86 feet; thence tangent to said curve North 89°10'25" West, 4.00 feet to the beginning of a tangent 30.00 foot radius curve concave Northeasterly; thence Northwesterly along the arc of said curve through a central angle of 90°00'00" a distance of 47.12 feet; thence leaving said right of way non- 0 tangent to said curve South 79°09'56" East, 34.53 feet; thence North 75 051'20" East, 88.66 feet; thence North 08 009'44" West, 145.09 feet; m thence North 17°43'31" West, 128.39 feet; thence North 77 041'43" West, 83.32 feet; thence North 67°43'22" West, 111.55 feet to the POINT OF BEGINNING. It is the intent of this document to substitute this easement for the open space easements granted to said County on said Map No. 10489; Therefore, this easement is subject to the same limitations and restrictions O as were imposed upon said open space easements granted on Map No. 10489. C v m r r r m . -6- m O �D fi 2 . ' 137 Dated ibis 10th day of February , 19L. MEISTER DEVELOPMENT CORPORATION as corpora BY: i Authorized Aaent CAT.NO.NNO0737 TO 21945 CA(1-83) l TICOR TITLE INSURANCE ^ (Corporation) 101 STATE OF CALIFORNIA COUNTY OF Orange } SS. r On February 10, 1984 before me, the undersigned, a Notary Public in and for said State,personally appeared Terry Teeple personally known to me or proved to me on the basis r said County and M of satisfactory evidence to be the person who executed _ the within instrument as the Authori 7.6:yj Agent- OFFICIAL SEAL O personally known to me or '? within instrument, < proved to me on the basis of satisfactory evidence to be s l \. IREFIE PUBLIC- ARAM a NOTARY PUBLIC-CALIFORNIA v the person who executed the within instrument B ORANGE COUNTY > �r and acknowledged My comm. expires NOV 30, 1387 iy to me that such corporation executed the within instru- .. ment pursuant to its by-laws or a resolution of its �I board of directors. WITNESS my hand and official seal. Signature -_ 'a e'°"�--�� (This area for official notarial seal Z STATE OF CALIFORNIA, t as. Q •County of San Diego. f On this day of in the year 19_,before me, ROBERT D.ZUMWALT, ^mm County Clerk and ex-officio Clerk of the Superior Court in and for said County, which is a court, of record having a Y, seal, personally appeared O 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. C in Witness Whereof, I have hereunto set my hand and affixed the seal of said Court at my office in the County of Z 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 r By Deputy M This is to certify that the interest in real property conveyed by the foregoing deed or grant to the County of San Diego, M 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 .20, 1979 and the Grantee consents to recor- dation thereof by its duly authorized officer. r Dated MAR 13 1984 _ r APFROVED AS TO FORM AND LEGALITY m CDU COUNSELS FRANK C. DEMLING, Acting Director P Real Property Management Division Department of General Services DEPUTY x(13 m CC3F,85.!5,5/77 i O e i � ytkj