1981-180997V
WHEN RECORDED, PLEASE MAIL
'208'0
THIS INSTRUMENT TO:
Clerk, Board of Supervisors FILE7P B oor l� o
t70:e 81 -
San Diego County Administration Center r ��ii�
1600 Pacific Highway R�'�����S�i=l�j.e�b
Department of General Services
San Diego, California 92101 {
JUN I d I 47 F�
NO TRANSFER TAX DUE OFFIG DIEGO i1FC0itl)S { COUNTY. OA,
SPACE ABOVE FOR RECOR DE R),J6,p.MY
GRANT OF OPEN SPACE EASEMENT -R WO FEE 4
Assessor's Parcel Project: TM16827
No._ 261- 191 -08 W.O.: TC6827
Parcel: 81- 0227 -B
Log No.: 725 -7 !
WHEREAS,
1. JOHN D. NOMMESEN and BARBARA L. NOMMFSFN. hiishand and wife
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
easements all as the same may 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 (hereinafter 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 building, 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 GRANTOR and GRANTOR'S successors and assigns as follows:
(A) That GRANTOR shall not erect, construct, place or maintain, or permit the erection,
construction, placement or maintenance 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 GRANTOR shall not use the Subject Land for any purpose except as OPEN SPACE
purposes.
(C) That GRANTOR 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 proceedings 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 to restrict the uses to which the Subject Land may be put.
This easement shall bind the Grantor and Grantor's successors and assigns.
D`
i3
a
M i
Q
1
Z`
i
I
;C 1
;m f
r 4
r .
y
01
i
M t
x
. Ma
two
.n
'208 1
EXHIBIT A1�
CA
Parcel No. 81- 0227 -B (5- 12 -81) (SC:LT:ff)
That portion of Parcel 1 of Parcel Map No. 6923 in the County of San Diego,
a
State of California, said Parcel Map No. 6923 being filed in the Office of
the County Recorder of said County February 23, 1978, described as follows:
v
BEGINNING at the most Southerly corner of said Parcel 1 of Parcel Map
M
No. 6923; thence along the common line between said Parcel 1 and Parcel 3
of said Parcel Map No. 6923 North 49 024'27" East, 7.48 feet; thence leaving
I
said common line North 32 036'35" West, 53.40 feet; thence North 57 °23'25" East,
O
10.15 feet; thence North 32 °36'35" West, 101.23 feet; thence North 89 °57'16" West,
10.71 feet; thence North 19 °05'30" West, 28.45 feet; thence South 70 054'30" West,,O
10.00 feet; thence North 19 005'30" West, 32.00 feet; thence North 70 054'30" East,
79.83 feet to the Northerly line of said Parcel 1 of said Parcel Map No. 6923;
C
thence along said Northerly line North 89 057'16" West, 174.32 feet to the
j
Easterly line of Manchester Avenue as shown on said Parcel Map No. 6923,
said Easterly line being the arc of a curve concave Northeasterly having
1
a radius of 690 feet; thence Southeasterly along the arc of said curve
through a central angle of 25 °23'12" a distance of 305.72 feet to the
..
POINT OF BEGINNING.
-
t
4
f
r!
f
t
r
O
of
i
4
t
r
i F
1
20$2
This Open Space Easement shall preclude vegetation removal or additions with the
exception that brush clearing for fire protection purposes shall be permitted upon
written order by the appropriate fire fighting or fire protection agencies.
The aforedescribed covenants and conditions shall not prevent the use of the
airspace above said easement for the installation of electric and telephone power
cables and wires for the transmission of electricity and communications by any
bona fide public utility company, their representative, successors or assigns.
Any said public utility company, its representative, successor or assigns shall
permit foot traffic only within said easement for the purpose of installing said
wires and cables.
Any said public utility company, its representative, successor or assigns, shall not
place or install any poles, towers, pads or any other appurtenances to said cables
and wires upon or under the ground surface of said easement, and shall not store or
stockpile anything within the boundaries of said easement without prior written
approval of the Director of the County of San Diego Department of Planning and
Land Use.
Any said public utility company, its representative, successor or assigns, shall
exercise due care while being within the boundary of said easement to preserve the
intent of creating this Open Space Easement.
4
fi �Q
M
i
r;
7
r i
M i
i
O
�, i
a
2083
. >Datetlthis zs- TH day'o �1�'� , , 19 S/
STATE OF A�i,Far2.v iA 1e.
County of SAAu b 1 e 4 0
On A.4y aIs , 19$l before me, the undersigned a Notary Public in a�rjd for said County
and State, personally appeared e!►� 1� ADA%mFSEsj &A)h 13 t�tRA" L A/OMMESEN
known to me to be the person S whose name A, Pe- subscribed to the within instrument,
and acknowledged that- executed the same.
Witness my hand and official seal. EP,..., r OFFICIAL SEAL
5 t tif. JAMES C. McDONALD
m NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
Notary Public in and for said County and State My Commission Expires May 26, 1984
STATE OF CALIFORNIA,
County of San Diego. 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 having a
seal, personally appeared
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.
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
By , Deputy
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 nferred by Resolution of said Board adopted on March 20,1979 , and the Grantee consents to recorda-
tion thereof its duly authorized officer.
Dated
bVMRD F. CORNETT
Deputy Director (Acting)
Facility & Real Property Division
Department of General Services
CCSF, Rev, 85.10,5/77
ow
110'
_o
Z
v j
lz
i
1
a
r '1
0
�I
M}}
=;1