1981-165304WHEN RE 7RDED, PLEASE MAIL
THIS INSTIVMENT TO:
Clerk, Board of Supervisors
San Diego County Administration Center
1600 Pacific Highway
San Diego, California 92101
NO TRANSFER TAX DUE
2096
81.- 7165304
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Rt,o ORDE Df't5&LLIEC �e o
Depar me o General Services
i RY � 43 AM '81
OFFICIAL RECORDS
_SPACE ABOVE_ FOR RECORDRi(AIG�ISj�LY
RECORDER;'. NO FEE
GRANT OF OPEN SPACE EASEMENT
Assessor's Parcel Project TM16975
No. 261 - 191 -09 W.O. No. TC6975
Parcel No. 81- 0454 -A
Log No. 715-7
WHEREAS, PARSA DEVELOPMENT COMPANY, INC. ,
1, a California corporation sole 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,
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,
I. 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.
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EXHIBIT "A"
Parcel No. 81- 0454 -A (4- 27 -81) (SC:LT:ab)
That portion of Parcel 2 of Parcel Map No. 6923, in the County of
San Diego, State of California, said Parcel Map No. 6923 being filed
in the Office of the Recorder of said County February 23, 1973, de-
scribed as follows:
BEGINNING at the Southeast corner of said Parcel 2; thence along the
Southerly boundary of said Parcel 2 North 89 004'55" West, 135.00 feet;
thence leaving said Southerly boundary North 13 055'05" East, 52.00
feet; thence North 39 004'55" West, 126.94 feet to a point in the
Easterly boundary line of that easement for public roadway purposes
granted to the County of San Diego recorded January 16, 1978, as File/
Page No. 78- 018812 in the Office of said County Recorder, said bound-
ary line being a 40.00 foot radius curve concave Northwesterly, a
radial line of said curve bears North 70 010'46" East to said curve;
thence Northwesterly along said Easterly boundary and the arc of said
curve through. a central angle of 47 033'15" to a point of cusp with the
Northerly line of said Parcel 2; thence leaving said Easterly boundary
along the boundary of said Parcel 2 South 89 °57'16" East, 134.40 feet
and South 27 022'58" East, 196.43 feet to the POINT OF BEGINNING.
EXCEPTING from said Open Space Easement the Southerly 10.00 feet of
said Parcel 2.
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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.
The aforedescribed covenants and conditions shall not prevent the
use of the airspace above said easement for the installation of
electric and telephone power cables and wires for the transmission I
of electricity and communications by any bona fide public utility
company, their representative, successors or assigns.
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.
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 stockpile
anything within the boundaries of said easement without prior
written approval of the Director of the County of San Diego Depart-
ment of planning and 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.
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Dated this �� day of 0Q, I , 198A_
PARSA DE LOPMEN7" COMPANY, INC., a California
Corporation Sole
By:
DJA E� J RSA
esU en
By:
STATE O -) ss.
County of )
On Ak7_ 19_ before me, the undersigned, a Notary Public in and for said
County and State, personally appeared
COUNTY OF 4 w I `1� }
STATE OF C ORN[A SS. 11 I
On before me,
e the undersiied, a ary, Public in and \{or said Co t and State,
personally appeared i�Y'�LS`(1QR \ iYYI tZ�y�2i.�
known to me to be the — President, and•
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$ of the corporation that executed the
o within Instrument, known to me to he the persons who executed the
8. within Instrument on behalf .of the corporation therein named, and
Q. acknowledged to me that such corporation executed the within
tj instrument pursuant to its by -laws or a resolution of its board f
directors.
N
U Signature
ng
Name (Typed or Printed)
Notary Public in and for said County and State
IN WITNESS WHEREOF, I have hereunto set my hand and affixed'the seal of said Court atmyoffice in the
County of San Diego, the day and year in this Certificate'first above written.
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 20, 1979, and the
Grantee consents to recordation thereof by i.ts duly authorized officer.
Date ZB
EDWARD F. CORNETT
Deputy Director (Acting)
Facility and Real Property Division
Department of General Services
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