1981-239112�I
ij
- t
i
�
WHEWRECORDfD, PLEASE MAIL 53.5r
1
THIS INSTRUMENT TO:
q I
239iJ2
Clerk, Board of Supervisors
San Diego County Administration
FlLE(PAGE N0. °
- .._...,..
30011 1J81
Center
1600 Pacific Highway
RECU�Rg it� pF
�b�� i
o$ saaT��o$o
` San Diego, California 92101
DePart en of
JUL 2 ogle 8e rvloea
.!
,
NO TRANSFER TAX DUE
SPACE ABOVE FOR REC($I,jQj��4`L`E9tFTH!'e��
VERA L. LYLE
GRANT OF OPEN SPACE EASEMENT FFOOR�FR
NO FEE
Assessors Parcel'
'
} Project TM16376
s
No. 254 - 140 -24 W.O. No. TC6376
, r
Parcel No. 81- 0646 -A
,0 , i
Log No. 27 -6
X
WHEREAS,.
;
i
1 VERNE C. SCHOLL, an unmarried man warrants that he 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"
"The
i
s
attached hereto ( ;
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
•.
C t
2. It is the desire of the Grantor and the County of San Diego, a political subdivision of the State of California (herein i
after referred to as "COUNTY"), that the Subject Land remain OPEN SPACE. +
,
I
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 l
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 t
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 t o
'
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-
t- Hance of any building or structure or other thing whatsoever on the Subject Land other than buildings,
such 9
structures and other things as may be permitted pursuant to the zoning ordinance of the County of San Diego. j
r (B) That he shall not use the Subject Land for any purpose except as OPEN SPACE purposes.
i
(C) That he shall not excavate or grade or permit any excavating or grading to be done, or place or all to be placed (
any sand, soil, rock, gravel or other material whatsoever
.-
=r
on the Subject Land without the written permission of
a ` the County or its successors or assigns: `
g 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
zu
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.
- Al
S
aj
537
1 ;
This Open Space Easement shall preclude vegetation removal or additions with the
exception that brush clearing for fire protection purposes shall be permitted upon •inn Y1i
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. i
t
Any said public utility company, its representative, successor or assigns shall
permit foot traffic only within said easement for the purpose of installing said j
wires and cables.
i - -
Any said public utility company, its representative, successor or assigns, shall not 1
place or 'install any poles, towers, pads or any other appurtenances to said cables .• t
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
r approval of the Director of the County of San Diego Department of Planning and
j Land Use.
a
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 t
t intent of creating this Open Space Easement. •
{
:}
E d
? f
a
ltf
4
}
538
Dated this day of W"_4 , 198
. i
if
VERNE C. SCHOLL
F
i
STATE OF ss.
County of PN
On 191 before me, the undersigned, a Notary Public in and for said
z
County and State, personally appeared \jC—Q r 5 C_ Sc tkoL` j
known to me to be the person whose name is subscribed to the within
instrument, and acknowledged than executed the same.
Witness my hand and official seal.
OFFICtAL SEAL s
�
Barbara J. Brill } ,
NOTARY PUBLIC CALIFORNIA } a
Notary Public in and foPsaid County and State PRINCIPAL OFFICE IN
SAN DIEGO COUNTY }
STATE OF CALIFORNIA, )
Ss. MY COMMISSION EXPIRES JUNE
a�1B84
f
County of San Diego. )
On this - day of in the year 19 , before me, ROBERT D. ZUMWALT, i
r 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 i
r subscribed to and who executed the annexed instrument, and acknowledged to me that
he executed the same. i
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Court at my office in the V
County of San Diego, the day and year in this Certificate'first above written.'.
ROBERT D. ZUMWALT, County Clerk and ex- off icio Clerk of the Superior Court
4 ,
•
By
Deputy';`i
This is to certify that the interest in real property conveyed by the foregoing deed l -
i or grant to the County of San Diego, a political corporation, is hereby accepted on # z ��
3
t behalf of the Board of Supervisors of said .County of San Diego pursuant to id �
authority conferred by Resolution of said Board adopted on March 20, 1979, and the
1 Grantee consents to recordation thereof by its duly authorized officer. ? '•
J 2� By —•�/
r, Date
EDWARD F. CORNETT
} , Deputy Director (Acting)
Facility and Real Property Division (i
Department of General Services �t
x .