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1998-16267RECORDED REQUEST OF DEPARTMENT OF GENERAL SERVICES :—FOR THE BENEFIT OF THE COUNTY OF SAN DIEGO WHEN RECORDED, PLEASE RETURN ' 7 THIS INSTRUMENT TO: (MAIL STATION A45) Clerk, Board of Supervisors San Diego County Administration Center 1600 Pacific Highway San Diego, California 92101 OPEN NO TRANSFER TAX DUE Assessor's Parcel No.: 264- 102 -20,21 It 19- h 01.62,567 J a: 13 199B 1-2; 45 E''H OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY 1, SMITH. COUNTY RECORDER FEES: 0,00 OC: NA SPACE ABOVE IIIII IIIIIIIIIIIIIIIIIIIII11111111 II II IIIIIIIIIIIIII IIII SPACE EASEMENT (Biological Resources) (Steep Slopes) Project: W. O. No.: Parcel No.: Log No.: Fund: TM4821 AVE. DEL DUQUE TE 4874 97- 0415 -A 499 -01 MDT WILLIAM L. STRONG, JR. AND SHELBY C. STRONG, husband and wife hereinafter designated GRANTOR(S), do(es) hereby grant to the COUNTY OF SAN DIEGO, a political subdivision of the State of California, a perpetual easement for open space over that area described in "Exhibit A" attached hereto. This open space easement is for the protection of steep slopes and biological resources and wildlife associated with sycamore /willow riparian woodland, Diegan sage scrub, and Coastal mixed chaparral. These animals include the Pacific (Western) pond turtle, Orange- throated whiptail, Cooper's hawk and the Red - shouldered hawk. Except as expressly permitted below, this Easement prohibits all of the following on any portion of the land subject to said easement: grading; excavation; placement of soil, sand, rock, gravel, or other material; clearing of vegetation; construction, erection, or placement of any building or structure; vehicular activities; trash dumping; or use for any purpose other than as open space. The sole exception(s) to this prohibition is(are): (a) Selective clearing of vegetation by hand to the extend required by written order of the fire authorities for the express purpose of reducing an identified fire hazard. (b) Activities required to be conducted pursuant to a revegetation, habitat management, or landscaping plan approved by the Director of Planning and Land Use. (c) Construction, use, and maintenance of an existing 20 foot wide water line easement (Olivenhain Municipal Water District), including access road and water line on Lot 11 as shown on TM 4821 RPL 2 RA on file in the Department of Planning and Land Use. (d) Construction, use, and maintenance of an existing 15 foot wide sewer easement (Rancho Santa Fe Community Services District) on Lot 11 as shown on said TM 4821 RPL 2 RA. (e) Construction, use, and maintenance of an existing 12 foot wide Pacific Telephone and SDG &E easements on Lots 2, 3, and 11 as shown on said TM4821 RPL2 RA. (f) Construction, use, and maintenance of an existing 15 foot wide sewer easement (City of Escondido), including access road and sewer line in Lot 11 as shown on said TM 4821 RPL 2 RA. 50300 Rev. 1 /December 18, 1997 210 97 -0415 -A The County of San Diego, the California Department of Fish and Game and the United States Fish and Wildlife Service shall have the right, but not the obligation, to enter upon the land subject to this easement and remove any material, structure or other thing placed or maintained contrary to the terms of this easement, and to do any work necessary to eliminate the effects of any violation of this easement. This easement shall not authorize any member of the public to use or enter upon the land subject to this easement, it being understood that the purposes of this easement is solely to restrict the use of said land. The terms of this easement may be specifically enforced or enjoined by proceedings in a court of competent jurisdiction, and shall be binding upon the Grantor(s) and its or their successors and assigns. Dated this day of VVfz� 19�� WILLIAM L. STRONG, J SHELBY C. STRONG STATE OF CALIFORNIA) SS COUNTY OF SAN DIEGO) On State, personally known to me b 4 ) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that heFshe /they executed the same in hWher /their authorized capacities, and that by hislher /their signature(s) on the instrument the person(s), or the entity upon behalf of behalf of which the person(s) acted, executed the instrument. WITNESS my h nd and official seal. Signature: the undersigned, a FOR NOTARY SEAL OR STAMP LESUIE A. COTHRAN ®rC COMM. #1056569 z NoTar)' Public — Callfort110 z SAN DIEGO COUNTY My Comm. Expires APR 173999 for said This is to certify that the interest in real property conveyed by the foregoing deed of grant to the County of San Diego, a political subdivision, is hereby accepted on behalf of the Board of Supervisors of said County of San Diego pursuant to authority conferred by Resolution of the said Board adopted January 7, 1992, and Grantee consents to recordation thereof by its duly authorized offic Dated: IL/.31 1K C l� JQEJW�ROSS, Deputy Director Real Property Division Department of General Services 50300 Rev. 2/January 8, 1998 21 97- 0415 -A EXHIBIT "A" OPEN SPACE EASEMENT LEGAL DESCRIPTION Parcel No. 97- 0415 -A (12- 17 -97) (ENG:PET:pet) That portion of the Southwest Quarter of the Southwest Quarter of Section 9, Township 13 South, Range 3 West of the San Bernardino Base and Meridian, in the County of San Diego, State of California, described as follows:: BEGINNING at the Southwest corner of said Section 9; thence along the Western boundary thereof, North 01040127" East 1,316.72 feet to the Northwest corner of the Southwest Quarter of the Southwest Quarter of said Section 9; thence South 89 °44'13" East, 667.81 feet; thence South 01030'04" West, 329.78 feet; thence South 89 041'02" East, 668.79 feet to the Eastern boundary of said Southwest Quarter of the Southwest Quarter; thence South 01'19'43" West, 486.20 feet; thence North 55 °32'22" West, 124.90 feet; thence North 38 °50'06" West, 64.46 feet; thence North 01020'05" East, 29.17 feet; thence North 84 °51'38" West, 181.33 feet to the beginning of a tangent 2042.00 foot radius curve concave Northerly; thence Westerly along the are of said curve through a central angle of 06 °20'02" a distance of 225.74 feet; thence non - tangent to said curve, South 75 040'22" West, 160.73 feet; thence North 78 °59'44" West, 149.72 feet; thence South 18 °57'08" West, 129.74 feet; thence South 03 °23'04" East, 84.73 feet; thence South 19059138" East, 46.30 feet; thence South 39 °36'59 "East, 59.74 feet; thence South 06 °45'47 "West, 84.89 feet; thence South 07 °29'09" East, 38.90 feet; thence North 69 °29'12" West, 8.76 feet; thence South 26037153" East, 74.29 feet; thence South 66 °55'02" East, 119.71 feet; thence North 84 °05'45" East, 80.67 feet; thence South 69 °29'12" East, 223.32 feet; thence South 17 °59'18" West, 40.76 feet; thence South 73 °28'26" East, 121.27 feet; thence South 37 019'15" West, 21.01 feet to a point on the section line between Sections 9 and 16; thence North 89 °31'32" West along said section line, 1,033.33 feet to the POINT OF BEGINNING. 50300 Rev. 1 /December 18, 1997 V7 -� .. w Z N cv _ b H ,. v rc� I CD M W Z m �o � I/ • V7 -� °v Z _ N a ° a W wo m �o � M O w V1 M VI m � I\ �I 212 x}7.04157 -R EXHIBIT "B."- OPEN SPACE EASEMENT N 89'44'13" W M �a 667.81' - I ��- t1415-A OPEN SPACE SITE EASEMENT CITY OF ESCONDIDO o m SEWER ESMT PER 0 of DOC. RCD. 9 -28 -72 AS - o VICINITY MAP FILE #260832. O.R. Nor- ro -scue ..� z N 89'41'02' W 668.799 _ ,OPEN SPACE - `\ EASEMENT GRANTED AND ACCEPTED 11 (NOT A BUILDING SITE) 21.34 AC. 97 -04-15 -A r -a OPEN SPACE EASEMENT ( /O CROSS- HATCHED AREA NOT OPEN SPACE (Portion of proposed lots) i . ti • 7 X042.00' 07-041 OPEN SPAA E CE EASEMENT N 84'51138" 1'Y7 Q 1 20' OMWD ESMT PER 4 -DO DOC. RCD 1 -31 -62 AS FILE # 18544* O.R. 97 -Od 15 -? SM G OPEN SPACE _ �^ EASEMENT ` g' 645.00' -- - — ?----- - - - - -- --- - -- o N 89'31'32" W 1343.49' 20 — -� co '-y (N 89'59 4T E ROS11069 & 11693) 016 23 1 24 _.= NARpNJA F Z a M A P ! 1 1 8 9 9 v,A (PRi� p SIRE Z'I4 SUBDIVISION BOUNDARY 04 N v• M •� vi �y W i+7 0 z co rn 00 co 1,