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1984-35167 u. . wNEN RECORDED,PLEASE MAIL p r�" THIS INSTRUMENT TO: U 4 0,35 1 6 ,{{e Clerk,Board of Supervisors ��i ; ���3�� 1 (}hh" San Diego County Administration Center 1600 Pacific Highway 1984 JAI 30 AH 9: 24 San DiEo RECORDD'I 8t%9j?OF 101 DEPT.GEIVERF,L SERVICES I� rrnnV'}E�iRrA EI tY'i'I' i NO TRANSFER TAX DUE SPACE ABOVE FOR IRE.COHRR" N0'bN•P_Y NO FEE i"I1X rr GRANT OF OPEN SPACE EASEMENT Assessor's Parcel Project TM3474-4 No. 259-580-01 ,02,03 W.O. No. TE2538 r Parcel No. 83-0430-A Log No. 916-11 m WHEREAS, MEISTER DEVELOPMENT CORPORATION, 1. a fal ifnrnia rnrnnratinn warrants that it is 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, p1 restrictions and easement all as the same may be of record, and c 2. It is the desire of the Grantor and the County of San Diego, a political subdivision of the State of CalifcjLia(herein' w` after referred to as"COUNTY"),that the Subject Land remain OPEN SPACE. NOW THEREFORE, ' 1. The GRANTOR grants to the County, (A) A perpetual easement for OPEN SPACE purposes over, upon, across and under the Subject"Land,alai no b,:r d- ing, structure or other thing whatsoever shall be constructed,erected,placed or maintained on the bject L�a�d 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, 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. �r•� V 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 ' any sand, soil, rock, gravel or other material whatsoever on the Subject Land without the written permission of 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- 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. I This easement shall bind the Grantor and his successors and assigns. r� t �ll 1993 y EXHIBIT "A" ` Parcel No. 83-0430-A (12-16-83) (LT:LT:rlf) i 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: I Parcel 1 That portion of said Lot 176 described as follows: i 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 700.00 feet to the Southwest corner of said Lot 176, being a point in the arc of a non-tangent '` ' 1158.00 foot radius curve concave Easterly, a radial line of said curve bears North 89°35'59" 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°06'56" 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°53'04" East, along the Northerly line of said Lot 176, a distance of 43.09 feet to the beginning of a tangent 430.00 foot radius curve concave Northerly; thence Easterly along the arc of said curve through a central angle of 12°41 '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 a non-tangent line South 78°28'59" West, 136.31 feet; thence South 04 018'34" West, 284.33 feet; thence South 07 048'44" West, 134.74 feet; thence South83 058'51" East, 0 132.54 feet; thence North 44°56'36" East, 22.98 feet; thence South 85 128'01" East, 54.11 feet; thence South 78°30'58" East, 91 .91 feet to the above mentioned South line of Lot 176; thence North 89°10'31" West along said South line a dis- tance of 314.32 feet to the TRUE POINT OF BEGINNING. Parcel 2 z That portion of said Lot 176 described as follows: I 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 Northerly corner of said Lot 176; thence along the Northerly line of Lot 176, South 54°15'35" 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 I through a central angle of 23 046'48" a distance of 178.47 feet to a point of cusp with a tangent 20.00 foot radius curve concave Southerly; thence -2- rI ' A + 1994 Parcel No. 83-0430-A (Cont.) Easterly along the arc of said 20.00 foot radius curve through a central min angle of 26°16'03" a distance of 9.17 feet to the TRUE POINT OF BEGINNING; i thence continuing Southeasterly along the arc of said curve through a central angle of 55°46'09" a distance of 19.47 feet; thence non-tangent to 0 said curve along the prolongation of a radial line of said curve 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 central angle of 34°00'55" a distance of 109.24 feet; thence tangent to said 0 curve South 00°49129" West, 59.00 feet to the beginning of a tangent 30.00 foot f W radius curve concave Northwesterly; thence Southwesterly along the arc of said curve through a central angle of 90 100100" 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 033154" 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°17'25" East, 77.16 feet; thence North 01 007'27" East, 97.77 feet; thence i North 22°26'27" West, 82.76 feet; thence North 28 042'16" West, 112.47 feet to the TRUE POINT OF BEGINNING. Parcel 3 M 0 That portion of said Lot 176 descirbed as follows: Commencin g at the Southeast corner of said Lot 176; thence North 89 010'31" West along the Southerly line of said Lot 176 a distance of 278.00 feet; thence O leaving said Southerly line North 83°41 '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, 100.21 feet; thence North 28°22'25" 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°04'12" 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 26 102'11" East along the East line of said Lot 176 a distance of 634.31 feet to the POINT OF BEGINNING. i g� -3- I i � . 1995 4 Parcel No. 83-0430-A (Cont.) Parcel 4 � That portion of said Lot 178 described as follows: Commencing at the Southeast corner of said Lot 178, thence North 89°10'25" West 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 89 110'25" West, 602.65 feet and North 89°10'31" West, 159.28 feet to l ' the Southwest corner of said Lot 178; thence North 26°02'11" West along the M Westerly line of said Lot 178 a distance of 634.31 feet to the Northwest 11 corner of said Lot 178; thence along the Northerly line of said Lot 178 North 54°15'35" East, 20.56 feet to the beginning of a tangent 270.00 foot r� radius curve concave Southerly; thence Easterly along the arc of said curve #! through a central angle of 17°36'47" a distance of 83.00 feet; thence leaving said Northerly line non-tangent said curve South 82°54'01" East, 105.80 feet; I ` thence South 07 052'50" West, 229.46 feet; thence South 81 052112" 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 to said curve; thence Southeasterly along the arc of said curve through a z central angle of 58°36'44" A distance of 118.66 feet; thence tangent to said curve South 63°26'06 East, 12.00 feet; thence leaving said boundary South 41°29'49" West, 80.26 feet; thence South 00 149'29" West, 60.00 feet; j thence South 79°45'57" East, 226.33 feet; thence South 89°37'25" East, m 191 .01 feet; thence North 87°11 '03" East, 236.13 feet; thence South 72°38'20" East, 100.14 feet to the TRUE POINT OF BEGINNING. 0 Parcel 5 That portion of said Lot 178 described as follows: BEGINNING at the Southeast corner of said Lot 178, thence North 89°10'25" West t° along the Southerly line of said Lot 178 a distance of 56.00 feet; thence leaving said Southerly line North 71 000151" East, 38.50 feet; thence Omni North 04°24'57" 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 bears North 72 049'38" West to said point; thence Northeasterly along the arc ' of said curve through a central angle of 62°35'37" a distance of 21 .85 feet rn 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 0 I -4- �- OM 1996 Parcel No 83-0430-A (Cont.) ; Curve, and said Northerly line, through a central angle of 03°18'35" a $ distance of 54.88 feet; thence North 76 127'24" 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 low, 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. rn Parcel 6 That portion of said Lot 177 described as follows: 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 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°43'45" 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 South 07°07'47" West, 180.57 feet; thence South 03 001122" West, 91 .59 feet; thence South 06 031 '56" West, 83.71 feet; thence South 79 020109" East, 87.79 feet to the boundary of said Lot 177; thence along said boundary North 89°10'25" West, 101 .50 feet to the beginning of a tangent 134.00 foot radius curve concave Northerly; thence Westerly along the arc of said curve rn through a central angle of 25 044'19" a distance of 60.20 feet; thence tan- gent to said curve North 63°26'06" West, 56.69 feet to the beginning of a tangent 84.00 foot radius curve concave Northeasterly; thence Northwesterly CO along the arc of said curve through a central angle of 21°36'50" a distance of 31 .69 feet; thence leaving said boundary non-tangent to said curve North 71°10'58" East, 129.61 feet; thence North 03°05'50" West, 87.24 feet; thence North 07°23'36" East, 155.58 feet; thence North 58 048'39" West, C 121 .22 feet to a point 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°32'25" a distance of 22.88 feet to a point of tangency with said North boundary of Map No. 10489; thence South 69016'11" 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°32'40" a distance of 125.09 feet to the TRUE POINT OF BEGINNING. , 1 I -5-