1985-033895 f;r WHEN RECORDED,PLEASE MAIL
1866 85-p33895 V.
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THIS INSTRUMENT TO: RECORDED IN ~ �'
I' OFFICIAL RCCORVS i
Clerk,Board of Supervisors OF SAN DIEGO C011N1 Y.CA.1 ;
San Diego County Administration Center
1600 Pacific Highway I985 JAN 3( PAR 1= 54
REC�RD o�2EQU-ST OF 101 VERB, L I't!.
j DEPT.GENERAL SERVICES COUNTI'Rr(i1i?i)ERiO FED
NO TRANSFER TAX DUE SPACE ABO OR RECORD USE ONLY
GRANT OF OPEN SPACE EASEMENT
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Assessor's Parcel Project TM18031
No 264-090-10 W.O. No. TE2647
' 264-240-01 Parcel No. 84-0423-A
Log No. 956-R
pp,,
W MARGARITA Z. LLOYD, a widow AND CHRISTOPHER
1. S. LLOYD, an unmarried man warrant that they are the owners 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, '
restrictions and easement all as the same may be of record, and f
2. It is the desire of the Grantor and the County of San Diego, a political subdivision of the State of California(herein l
s! after referred to as"COUNTY"),that the.Subject Land remain OPEN SPACE.
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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,and no build-
ing, structure or other thing whatsoever shall be constructed,erected,placed or maintained on the Subject Land ,
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.
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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
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- z
ings in the Superior Court of the State of California.
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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.
jThis easement shall bind the Grantor and his successors and assigns.
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EXHIBIT "A"
Parcel No. 84-0423-A (10-31-84) (ENG:DMW:at)
That portion of Lots 1 and 2 in Section 8, Township 13 South, Range 3 West,
San Bernardino Base and Meridian, according to official plat thereof, TOGETHER
with Lot 16 of the subdivision of Rancho Las Encinitas, according to Map thereof
No. 848, filed in the Office of County Recorder of San Diego County,
June 27, 1898, all being in the County of San Diego, State of California,
described in deed to Margarita Z. Lloyd, et al, recorded May 12, 1972 at
File/Page No. 120349 in the Office of the County Recorder of said San Diego
County lying Westerly of the Westerly Right of Way line of Lone Jack Road,
Road Survey No. 554, according to Record of Survey No. 6085 filed in the Office
of said County Recorder, AND lying Easterly of-
the following described liner
Commencing at the Northwest corner of said Lot 16; thence Easterly along the
North line of said Lot 16 a distance of 550.00 feet to the TRUE POINT OF BEGINNING;
.00 feet;
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thence South 03015'47" East 710.00 feet; thence South 63 15 47 East 430 ,
thence South 41 015'47" West 490.00 feet; thence South 03°15'47" East 760.00 feet;
thence South 86030'00" East 800.00 feet; thence South 12 030'00" East to a point in
the South line of said Lot 16, which lies 1440 feet Easterly, along the South line
of said Lot 16 from the Southwest corner thereof, said point being a
POINT OF TERMINUS.
No permit of any type shall be issued for any development within this easement i
until a Geotechnical Report has been submitted and approved by the Director of
Planning and Land Use. Development will be allowed by site plan after approval ;.
of the Geotechnical Report. This site plan review would be for the sole purpose
of assuring that future building sites are free from landslides, expansive soil,
or flooding problems; and that adequate measures have been taken to make sites
safe. Review of each building site can be done separately.
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This Open Space Easement shall preclude vegetation removal or additions with the F _
exception that brush clearing for fire protection purposes shall be permitted'upon
written order by the appropriate fire fighting or fire protection agencies.
The aforedescribed covenants and conditions shall not prevent the use of the
airspace above said easement for the installation of electric and telephone power f .
cables and wires for the transmission of electricity and communications by any
bona fide public utility company, their representative,successors or assigns. �, F
Any said public utility company, its representative, successor or assigns shall
permit foot traffic only within said easement for the purpose of installing said
wires and cables.
I Any said public utility company, its representative, successor or assigns, shall not
place or install any poles, towers, pads or any other appurtenances to said cables
and wires upon or under the ground surface of said easement,and shall not store or
j stockpile anything within the boundaries of said easement without prior written
approval of the Director of the County of San Diego Department of Planning and 3
Land Use.
Any said public utility company, its representative, successor or assigns, shall � +
exercise due care while being within the boundary of said easement to preserve the
intent of creating this Open Space Easement.
11-WWO :,
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1869 I
Dated this day of 198
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RG A Z. LLOY
ry
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F!
CHRISTOPHER S. LL yn
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STATE O ss g
County of 1
On 19_before me, the undersigned, a Notary Public in and for said
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STATE OF SS.
County o =
1
On QL'_e'L,_,,r S 19 a, before me, t e undersigned, a Notary Public in and for
said County and State, person lly appeared _ a�iA:C� �s , L 4_
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proved to me on the basis of sat factory evidence, to be the persons whose names
b� (are) subscribed to the within instrument and acknowledged that he ex uted the same.
WITNESS m nd and official seal. OFFICIAL SEAL
SHARON M FRIEDMAN
NOTARY PUBLIC CALIFORNIA
S i gn atu r PF,INCIPAL OFRCE IN
{
SAN DIEGO.COUNTY
_ "( T?-Aff �(ZP,�.�/ MY_CommissionEsplresApr 1 1985
Name Typed or Printed
(This area for official notarial seal)
he _ezecutea-tne same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Court at my office in the '
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
A
By Deputy .. , .
i that the interest in real property conveyed by the foregoing deed or grant to the County of
This is to certify p
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 20,1979,and the
Grantee consents to recordation thereof by its duly authorized officer.
Dated_ IFS' k
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�,oaw,(�FM�. , hie
Real Property Management Division
Department of General Services f
CCSF 85.51
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