1981-273179' old
WHEN RECORDED, PLEASE MAIL _
THIS INSTRUMENT TO:
FILE/PAGE P46.81 273179
' Clerk, Board of Supervisors i300K 1981
.
San Diego County Administration Center rt�
1600 Pacific Highway Dowtment of
San Diego, California 92101 Auc 26 40�
� E R
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OFICIAL
NO TRANSFER TAX DUE SPACE ABOVE FOFS OF KCAL R (�%W,ONLY a
V)1Ff;OROYRE NO FEE
GRANT OF OPEN SPACE EASEMENT • '
Assessor's Parcel Project TM3668 1
W.O. No. TS6681 � +
No. 223 - 081 -01; 264 - 020 -04, 09; Parcel No. 81- 0773 -B
264- 033 -01 -6
Log No
WHEREAS, . S. PERKINS and VIRGINIA S. PERKINS
Trustes of Perkins 1977 Family Trust dated
1, December 5, 1977. warrantxthat they are the owners of the
t 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,
j_ 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
a' after referred to as "COUNTY "), that the.Subject Land remain OPEN SPACE. 1
;. 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 -
4A. 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 i
or other things whatsoever constructed, erected, placed or maintained on the Subject Land contrary to any term, •#
F covenant or condition of this easement and to do any work necessary to eliminate the effects of any excavation
j 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, m .^I
rock gravel or other material on the Subject Land as may be permitted by'special use permit issued pursuant to s
the zoning ordinance of the County of San Diego.
4 (D) That the terms, covenants and conditions set forth herein may be specifically enforced or enjoined b
y p y j y proceed- kl
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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leEXHIBIT "A C
C Parcel No. 81- 0773 -B (7- 30 -81) (DMW:LT:ab) /;
That portion of the North Half of Fractional Section 5, Township 13 j
South, Range 3 West, San Bernardino Base and Meridian, TOGETHER with
those portions of the Encinitas Copper Mines Nos. 1,_2, 3, 5, 6, 7, 9, ;Z
and 10, Lode Mining Claims Designated as Lot (Survey) No. 4013 by the 1�
f Surveyor General, being portions of Sections 4 and 5, Township 13 South, a
r and portions of Sections 32 and 33, Township 12 South, all in Range 3
West, San Bernardino Base and Meridian, all in the County of San Diego, 0
;! State of California, lying within a 50.00 foot wide strip of land, the
sidelines of said strip lying 25.00 feet on each side of the following
described centerline:
BEGINNING at a point in the Southerly line of Lot 4, of said Fractional a
Section 5, said point lying North 89 °53'55" East, 895.76 feet from the
Southwest corner of said Lot 4; thence along the following courses and r 0
distances: North 40 011'03" East, 345.09 feet; North 19 °07'49" East, C
338.70 feet; North 34 °06'52" East, 112.33 feet to Point " Q
North. 22 034'40" East, 315.15 feet; North 24 009'20" East, 180.83 feet; ,z
North 15 049'26" West, 194.37 feet; North 40 °32'56" East, 118.44 feet;
North 10 020'30" East, 139.26 feet; South 8304255" East, 228.37 feet;
North 62 014'29" East, 193.24 feet; North 19052'45" East, 188.22 feet;.
North 21 044'13" West, 164.71 feet; North 24 °38'38" East, 213.44 feet;
North 56 °39'45" East, 329.03 feet; North 19 034'07" West, 271.69 feet; <
North 23 °17'34" East, 399.57 feet; North 15 °26'37" East, 90.00 feet to M
Point "R "; thence continuing North 15 026'37" East, 176.63 feet;
North 58 032'35" East, 597.87 feet; South 71 043'39" East, 40.00 feet to 1
Point "S "; thence continuing South 71 043'39" East, 71.63 feet;
North 36 046'16" East, 143.87 feet to the Northeasterly line of said
Encinitas Copper Mine No. 5, being a POINT OF TERMINATION, said point !�
lying North 53 013'44" West, 1,338.90 feet from the Northeast corner of
said Encinitas Copper Mine No. 5. r
The sidelines of said strip of land shall be lengthened or shortened so
as to terminate in the said Southerly line of Lot 4 and s,ai.d..Northeast-
erly line of said Encinitas Copper Mine No. 5. + !
EXCEPTING therefrom that portion lying within an existing 60 foot private `
road easement described in document recorded as File /Page No. 116964 in ni
said Recorder's Office on June 8, 1960. t
4 ALSO, EXCEPTING therefrom that portion lying within a 60.00 foot wide
strip of land, the sidelines of said strip lying 30.00 feet on each side
4 of a line bearing South 61039'14" East through said Point I ". '
ALSO, EXCEPTING therefrom that portion lying within a 60.00 foot wide strip'
of land, the sidelines,of said strip lying 30.00 feet on each side of the
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Parcel No. 81- 0773 -B (Cont'd)
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following described centerline:
1
Commencing at the Northwest corner of Parcel 2 of Parcel Map No. 9156
filed in said Recorder's Office; thence along the Northerly line of
I
said Parcel Map No. 9156, North 89 053'27" East, 670.69 feet to the TRUE
POINT OF BEGINNING; thence leaving said Northerly line,
!
North 24 015'12" West, 206.62 feet to the beginning of a tangent 300.00
foot radius curve concave Southerly; thence Northwesterly along the arc
Z
of said curve through a central angle of 82 049'25" a distance of 433.66]
feet to a POINT OF TERMINUS.
Q j`
ALSO, EXCEPTING the San Diego Gas & Electric Company from the aforedescribed
terms, covenants and conditions in and to those portions lying within exist-
ing San Diego Gas & Electric Company Utility Easements described in docu-
ments recorded as File /Page No. 27237 and File /Page No. 27238 in said Re-
corder's Office on March 3, 1954.
ALSO, EXCEPTING the Olivenhain Municipal Water District from the afore-
described terms, covenants and conditions in and to that portion lying
`!
within an existing Olivenhain. Municipal Water District Utility Easement
described in document recorded as File /Page No. 273620 in said Recorder's
Office on November 24, 1971.
ALSO, EXCEPTING therefrom that portion lying within a 60.00 foot wide strip
of land, the sidelines of said strip lying 30.00 feet on each side of a.
line bearing South 74 033'23" East through said Point "R ".
m
ALSO, EXCEPTING therefrom that portion lying within a 60.00 foot wide strip
of land, the sidelines of said strip lying 30.00 feet on each side of a
line bearing North 18 016'21" East through said Point "S ".
`.
GRANTOR does hereby reserve from the hereinbefore described land unto him-
self, his heirs, successors and assigns TOGETHER with the right to convey
to for
public agencies public use, the right to extend drainage structures
and excavation and embankment slopes appurtenant to the construction and
`
maintenance of any adjacent dedicated public roadway. Said construction
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and maintenance shall be done in accordance with approved County of
San Diego Standards.
M
GRANTOR does hereby reserve the right to remove Eucalyptus tree saplings
trees
which are not over four inches in diameter measured at a height of
four feet from the ground.
O
GRANTOR is hereby exempt from the aforedescribed terms, covenants and
conditions to the extent necessary to maintain and /or repair the existing
A
dam and wells.
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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 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.
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Dated this 17 day ofbGUST 198E
RU ELL S. PERKINS, Trustee 0
_nvzo R.
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VIRGIN VIRGINT S. PERKINS, Trustee
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STATE OF
County_of 1 ss. _ Q
TIMM
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STATE OF CALIFORNIA
COUNTY OFe & o 1:21EeiftQ I t 0
On k%)&U!5j 'tom tart_ before me, the undersigned, - a Notary Public in '
and for saiidState, personally appeared Ru556UL' 5. P�r1r>•�nc� O i
known to me to be the Trustee_,:j,_un er the
and to be the person whose named re subscr ed tote
within instrument an_ acknowledges that executed the same
as Trustee S `rr
• OFFICIAL SEAL
Witness my hand and official seal N. A. GREEN
r� NOTARY PUBLIC • CALIFORNIA
PRINCIPAL OffICC IN .
Signature SAN DIEA* COUNIV ro
Name Typed or Printed My Commission E11p. Apr. rz. r1lds
c.uul CatTMy VI ItUt- 111 'We
county`of'San''Diego the day and yeas in this Certificate'flrst above written. r ,"
ROBERT D. ZUMWALT, County Clerk and ex- officio Clerk of the Superior Court m s
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By Deputy
j 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 Q
I 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.
; Date
Y EDWARD F. CORNETT
Deputy Director (Acting)'#
Facility and Real Property Division $1
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Department of General Services
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