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1981-112229WHEN RE55' DED, PLEASE MAIL THIS INS'(RU'iVIENT TO: Clerk, Board of Supervisors San Diego County Administration Center 1600 Pacific Highway San Diego, California 92101 NO TRANSFER TAX DUE 1174 F I L E/ f' A §A10 R6County o �San,SpDiQego DePa PRefJt. c, I 's t�L� Services OFFICIA; :•: WS SAN DIEGO i,u.NTY. CAS SPACE ABOVE FOR RECO�t@AVRE ONLY NO FEE' GRANT OF OPEN SPACE EASEMENT Assessor's Parcel Project TM14038R No. 262- 070 -69 W.O. No. TC4038 Parcel No. 79- 0791 -B Log No. 68 -4 WHEREAS, PkYMOND V. JOHNSON and NORMA JEAN JOHNSON, 1, husband and wife 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, condons, 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, (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. 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- 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. 0 on. �,a n 'C f ,C m it r r m v /0 ^m 0 ' 1175 EXHIBIT "A" Parcel No. 79- 0791 -B (10- 18 -79) (LT:WM:ab) All that portion of the North Half of the Northeast Quarter of the Northwest Quarter of Section 25, Township 13 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of Cali- fornia, according to United States Government Survey, included in that land described in deed to Raymond V. Johnson, et ux, recorded in the Office of the County Recorder of said County September 30, 1977, as File /Page No. 77- 403833, described as follows: BEGINNING at the Northeast corner of that portion of said Johnson land in Section 25; thence along the Easterly boundary of said Johnson land South 00 025'15" West, 662.67 feet to the Southerly line thereof; thence along said Southerly line North 89 052'00" West, 618.80 feet to the West- erly line of said land conveyed to Johnson; thence along said Westerly line North 00 027'30" East, 350.00 feet; thence leaving said Westerly line North 87 °41'00" East, 105.84 feet; thence North 52 011'00" East, 321.94 feet; thence North 39 041'00" East, 82.56 feet; thence North 21 011'00" East, 50.00 feet to the Northerly line of said Section 25; thence along said Northerly line South 89 049'00" East, 190.00 feet to the POINT OF BEGINNING. w= 2 oil a M 0 O v N 'y a Z v_ C Z �m f� � P h_ �r bm �m r O rn �o r� r '11 1 �j r r' 1176 0 i 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. Z �v I O , C ' Z s v . r Er �m �o n ii oil j� r} m 11 O Dated this _ f day of 19RO- iWkOND V. JOHNSON (/ 014 a Z N RMA JEAN NSON v I t STATE OF California ` O County of San Diego ) SS. On September 18 , 19-aQ before me, the undersigned, a Notary Public in and for said fl ` County and State, personally appeared _Raymond 4 Johnson and Norma Jean Johnson_ known to me to be the persons whose name s are subscribed to the within C instrument, and acknowledged that their executed the same. Witness my hand and official seal. 17 OFFICIAL SEAL ^ ! C MARIAN L. HICKCOX n �° NOTARY PUBLIC - CALIFORNIA Y Notary Public in and for said County and St a 7" SAN DIEGO couMtr My comm, , STATE OF CALIFORNIA, ) expires MAY 29 1982 — ? County of San Diego. ) ss. f 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 € r having a seal, personally appeared known to me to be the person described in and whose name r subscribed to and who executed the annexed instrument, and acknowledged to me that he executed the same. ' m t 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. m ROBERT D. ZUMWALT, County Clerk and ex- officio Clerk of the Superior Court a } O By Deputy v This is to certify that the interest in real property conveyed by the foregoing deed m j or g rant 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 20, 1979, and the E' Grantee consents to recordation thereof by its dul horized officer. Date 1 EDWARD F. CORNETT i Deputy Director (Acting) Facility and Real Property Division Department of General Services