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Grant of Open Space Easement & Covenant for Maintenance 1983-050556 , ~ ""'e :'.: . ..'v 1731. . 83-050556 - , RECOROilJGREQUeSTED BY R ECE\YE 0 \ ~RECOKDED1N ~l TlCOR' TI TtEI NSU RA-NCECOMpANY :OFFlCII\L HECOf';OS . or, SAN OiEGO CGUN r Y. CA,I - ~CORDING REQUESTED BY MAR 14: 1983 1583;rEa 16 PM' 2:,33' AND WHEN RECORDED RETURN TO: CITY OF 'poW flY ~VEF;', L!.,.'(,Li:: J CITY CLERK'S OFFICE COUNTY 1\[fOHDER CITY CLERK CITY OF POWAY bRF' ZJ -~ P. O. BOX 785 MG r- POWAY, CA. 92064 I DOCUI~ENTARY TRANSfER TAX $ -e ltIa;oe~, I ........--....---.......-....;.. . - ,- ____________ -I 0 COMPUTED ON FULL VP,LUE CF PROPERTY C~;~~~~~~";R '/00~/;f-/1 o COMPUTED ON FULL VALUE LESS LIENS & ENCUM- 81'1- ':<00 ' ,;2.,-/ B~INING !HEf'ECN i\T Tliv1~ OF SALE. 3'/6- t% .. $ 7 , ~. ..........,...,., ,....L~...~,:,;!...~ C'. Signature: of. declarant or agent det6ing tax .. Firrrt"N;~- o Unincorporated Area g(;rty 01 ?2..~~ OPEN SPACE EASEMENT ' ... - AND COVENANT FOR MAINTENANCE SAN DIEGO INVESTMENT ASSOCIATES, a California general part- nership ("Grantor") hereby grants to the CITY OF POWAY, a munici- pal corporation ("Grantee"), and Grantee hereby accepts, an open space easement ("Easement") over, upon and across Lot 32 ("Subject Lot") of CITY OF POWAY Tract No. 3994-1 according to Map thereof No./~ filed in the Office of the County Recorder of San Diego County, California on jC~ZVR~Y /b)/~~ ("subdivision"), as follows: 1. Restriction of Use. Grant.or, and its successors and assigns, agree that they shall not erect, construct, place or maintain, nor permit the erection, construction, placement or maintenance of any building or structure' of any kind whatsoever ,'ori.,the Subjecot'Lot other thaii.' (i) bu'-ildings" str,ucturesor other improvements as maybe authorized by a special use permit issued by Grantee, and (il) underground pipes, lines or utilities . ," . 1732 . reasonably necessary for the improvement of Lots 1 through 30, inciusive, of the ,Subdivision. 2. Intent. This Easement is intended by Grantor to, pre- serve the Subject Lot in its present natural and unimproved con- dition. The terms and conditions of this Easement shall be construed so as to carry out that intent. 3. No Right of Access. The grant of this Easement, and its acceptance by Grantee, shall not authorize the general public nor any members thereof to use or enter upon any pOrtion of the subject Lot. Grantor and Grantee understand and agree that the purpose of this Easement is solely to restri6t the use of the Subject Lot. 4. Maintenance. Grantor, its successors and assigns, cove- nant that it or they shall perform, or cause to be performed, all maintenance which is reasonable and necessary to maintain the Subject Lot in its present natural and undeveloped condition, as follows: (a) Determination .by City Engineer. The City Engineer for the City of poway shall determine, reasonably and in good faith, and advise Grantor, or its succes'scir,s and assigns', in wri ting. of any action which is reasonable and necessary to main- tain the Subject Lot in its present natural and undeveloped con- dition. (b) Performance of Maintenance. Grantor, or its suc- cessors' and assigns, shall perform such maintenance as is required by the poway City Engineer within thirty (30) days, or such additional time as may be reasonable in light of the -2- . - . . 173'3 ~ , ~ required work, after receiving written notice of such require- ment. If Grantor, or its successors and assigns, fail to perform or cause to be performed the required maintenance within that time, Grantee shall have the right to enter upon the Subject Lot and perform the required maintenance at the expense of Grantor or its successors and assigns. (c) Right to AppeaL Grantor, its successors and assigns, shall have the right to appeal the determination of the poway City Engineer to the City Council of the City of Poway. The poway City Council shall make a determination de novo as to -- whether the City Engineer has acted in good faith, and whether any required maintenance is reasonable and necessary. The deter- mination of the poway City Council and poway City Engineer shall be reviewable for abuse of discretion. 5. Covenant RUnning with the Land. This Easement to main- tain shall bind all successive owners of the Subject Lot for the benefit of Grantee. 6. Grantor Has Option as to Form of Ownership. Grantor shall have the option to convey ownership,of the Subject Lot, and the burdens and Obligations of this Easement, as follows: (a) Grantor may, in its sole discretion, convey the ownership of the Subject Lot, and the burdens and obligations created by this Easement, to a homeowners' association the mem- bers of which are the owners of Lots 1 through 30, inclusive, of the Subdivision. (b) Grantor may, in its sole discretion, convey an undivided 1/30th interest in the Subject Lot, and the burdens -3- . ". . . 1734 and obligations created by this Easement, to each of the pur- chasers of Lots 1 through 30, inclusive, of the Subdivision. Grantor shall, in that event, convey such interests in the Subject Lot upon condition that each purchaser waive their right to the partition of their interest in the Subject Lot. The pu~chaser of each such interest in the Subject Lot shall be liable for 1/30th of the cost to maintain the Subject Lot pur- suant to this covenant. (c) Grantor may convey ownership of the Subject Lot, and the burdens and obligations created by this Easement, in such other form as may be agreed upon in writing between Grantor and Grantee. (d) Upon conveyance of the Subject Lot by Grantor as herein provided, Grantor shall have no further obligation hereunder. DATED: December 17, 1982 SAN DIEGO INVESTMENT ASSOCIATES, a California general partnership B DATED: December 27, 1982 CITY OF POWAY J{:JS~ es L. Bowersox y Manager -4- . , . . 1735. . or ~,.\" STATE OF CALIFORNIA ) )ss. COUNTY OF SAN DIEGO ) On J)e:t!&-f~ 11, /913:u , 1982, before me, the undersigned, a Notary Public in and for said State, personally appeared KEITH A. JOHNSON, known to me to be the General Partner of SAN DIEGO INVESTMENT ASSOCIATES, the general partnership that exe- cuted the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. ',',' d(~~ tJ~ OFFICIAl'SEAL Lori Rae Wiiliams NOTARY PUBlIC.CAlIFORNIA NOTARY PUBLIC .~:., ' PR,NCIPALOFFICEiIN SAN DIEGO COUNTY My Commission Expires,.July ~5, 1986 STATE OF CALIFORNIA ) )ss. COUNTY OF SAN DIEGO ) On December 27 1982, before me, the undersigned, , a Notary Public in and. for said State, personally appeared JAMES L. BOWERSOX, known to me to be the' City Manager of the CITY OF POWAY, the municipal corporation that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the municipal corporation therein named, and acknowledged tome that such municipal corporation executed the within instrument pursuant to its charter. WITNESS my hand and off icial s.~~_~_'-,g . ~, 9e<-~ ~o... NOTARY PUBLIC OFFICIAL SEAL , EVIA l POWEll ; ? NOTARY PUBLic. CA.lIFORNltl I SAN DIEGO COUNlY My comm. expires AUG 21, 1984 __ _ __ ......._~.___~, _~- - :.,"'1 " '. - . .l 1736 - - - ,,. e' , ' , ,.,0 ~ \~CERTIFICATE OF ACCEPTANCE " . . , I, MARJORIE x:' WAHf;STEN, as City Clerk, and a,gent for CITY OF 'ROWAy, make the following cer:ti fication on its behalf: -- -. - This is to cert:Lfy that the interes:,t i!1 real property conveyed by the geed~ or grant dated ,Qecember 1,7, 1982 from SAN DIEGO :INVESTMENT ASSOCIATES, a. Ca lifornia gene ra'l pa rtnersh:i:p. ,---------.~'-'O_:_'_-~'-----------_---.,. to the CITY OF' POWAY, a poli ticalco'rp'oration and/or governmentaL agency, is ,hereby accepte~ 'by the under- - - - - - signed officer-,or agent on behalf of: theCI.TY COUNCIL . purs';lant -Co' authori ty conferred by ,RESOLUTION NO. 34, adopted on January 20, 1981" and thegr'antee consents to recordation thereof by its duly authorized officer or agent. Da ted': 12/27(82 CI.TY OFPOIi'AY , By: K , (DPS 3/82)