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1980-26712WHEN RECPRDED, PLEASE MAIL +ark THIS INSTRUMENT TO:. Clerk, Board of Supervisors San Diego County Administration Center 1600 Pacific Highway San Diego, California 92101 NO FR TAX DUE Assessor's Parcel No. 262- 070 -39 FILE/PACE O � __$�' --i 2'712 Atobkbtb IiEBUE T County of San DiegS Department of General Services JAN 23 1 32 FH =80 I SPACE ABOVKAW t�,It -,%SSE ONLY SERA L. LYL- I FFGOR §fI i GRANT OF OPEN SPACE EASEMENT NO FEE i' a• v Project TM14464 �' W.O. No. TC4464' Parcel No. 79- 1374 -B V," Log No. 590 -4 H WHEREAS, 1. JAMES B WOOD and MARY ANN WOOD husband and w5fet+�arrants that then are the oa, deoscribed FEE SIt1PLE ESTATE in and to the land in the County of San Diego, State of California, 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, 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 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 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 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 what- soever on the Subject Land without the written permission of the County of 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 sofltheoSubjectrLand, the public or any members thereof to use or enter upon all or any portion 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. Z v n O C Z M a r R1 v; EXHIBIT "A" Parcel No. 79- 13.746 (1 -8 -79) (LT:WM:rh) Those portions of the Southeast Quarter of the Southwest Quarter of Section 24 and of the North Half of the Northeast Quarter of the Northwest Quarter of Section 25, all in Township 13 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey approved April 18, 1881, included in that land described in deeds to James B. Wood, et ux, recorded December 21, 1965 as File /Page No. 229654, Book 1965, and recorded January 10, 1966 as File /Page No. 4957, Book 1966, both of Official Records of said County, described as a whole as follows: COMMENCING at the Southeast corner of said Wood land; thence along the boundary of said Wood land North 00 °27'10" East, 633.20 and North 89 047'22" West, 57.87 feet to the TRUE POINT OF BEGINNING: thence continuing along said boundary of Wood land North 89 °47'22" West, 10.00 feet; North 00 °13'42" East, 30.03 feet and North 43 046'01" West, 100.00 feet; thence leaving said Wood boundary South 46 013'59" West, 100.00 feet; thence South 00 013'42" West, 52.55 feet; thence South 89 047'22" East, 151.40 feet; thence North 00 013'42" East 20.00 feet to the TRUE POINT OF BEGINNING. i EXHIBIT "A" Parcel No. 79- 13.746 (1 -8 -79) (LT:WM:rh) Those portions of the Southeast Quarter of the Southwest Quarter of Section 24 and of the North Half of the Northeast Quarter of the Northwest Quarter of Section 25, all in Township 13 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey approved April 18, 1881, included in that land described in deeds to James B. Wood, et ux, recorded December 21, 1965 as File /Page No. 229654, Book 1965, and recorded January 10, 1966 as File /Page No. 4957, Book 1966, both of Official Records of said County, described as a whole as follows: COMMENCING at the Southeast corner of said Wood land; thence along the boundary of said Wood land North 00 °27'10" East, 633.20 and North 89 047'22" West, 57.87 feet to the TRUE POINT OF BEGINNING: thence continuing along said boundary of Wood land North 89 °47'22" West, 10.00 feet; North 00 °13'42" East, 30.03 feet and North 43 046'01" West, 100.00 feet; thence leaving said Wood boundary South 46 013'59" West, 100.00 feet; thence South 00 013'42" West, 52.55 feet; thence South 89 047'22" East, 151.40 feet; thence North 00 013'42" East 20.00 feet to the TRUE POINT OF BEGINNING. -2302 i t 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. A !C. G { 110 � 5 Dated this i 2313—day of- ( JAV. WOOD 1 –MA117 A,,, D J v i STATE OF i County of 53' y On 19& b ore me the undersigned, Notary Public in and for said County and I Sta ,personally eared known to me to be the person IdIl hose name�,, 1_2iJ r_ subscribed to the within instrument, v and acknowledged that ^ _executed the same. I Wi•iness my hand and official seal. r .tinrtiw.tivs,�x•.�,�• „ti.,�.,,ytM �7i OFFICIAL SEAL T ' VIV f; E. DAVIS0 ��/ � ��� •an - NOTARY ARY PUBLIC •CALIFOR NIA 1'�Jotar Public in and or said Count and State '� MY Principal commission Exp. Nov. , 1982 y Y ti My Commission Exp. Nov. 9, 1982 $ ' r JL':StitiY.11: +' YLIti 'LYL":'. °.: °,�'1i'YL'.UY.•71 f} I STATE OF CALIFORNIA, ss. O County of San Diego. } C I On this day of in the year 19_, before me, ROBERT D. ZUMWALT, Z 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 C ! 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 a San Diego, the day and year in this Certificate first above written. i ROBERT D. ZUMWALT, County Clerk and ex- officio Clerk of the Superior Court i ■ By Deputy This is to certify that the interest in real property conveyed by the foregoing deed or grant to the Count; or 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 concerts to recur- dation thereof by its duly authorized officer. - Dated oZ o� d V �' , J �! AM L. SULLIPJS, Director acility & Real Property Division 0 Department of General Services i o I 6 CCSF, 35.15, 5/77 7