Brush Management Easement 2015-0559388nRECORDING REQUESTED BY:
CITY OF POWAY
f C-� WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
APN: 321 - 030 -76 -00
APN: 321 - 030 -77 -00
APN: 321 - 030 -78 -00
DOC# 2015- 0559388
Oct 26, 2015 04:55 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr_,
SAN DIEGO COUNTY RECORDER
FEES $39.00
PCOR N/A
PAGES 9
(This space for Recorder's Use)
BRUSH MANAGEMENT EASEMENT
This Brush Management Easement is entered into and is effective as of October 2(o, 2015,
by and between Donald L. Mechling and Kathleen Ann Mechling, husband and wife, as community
property (Grantor) and Donald L. Mechling and Kathleen Ann Mechling, husband and wife, as
community property (Grantee).
Whereas, Grantor is the owner of the properties located at 14589 Highcrest Court, Poway Ca.
92064, APN 321 - 030 -76 -00 (Lot 1), 14577 Highcrest Court, Poway Ca. 92064, APN 321 - 030 -77 -00
(Lot 2) and 14553 Highcrest Court, Poway, Ca. 92064, APN 321 - 030 -78 -00 (Lot 3) (Grantor's
Properties) and legally described as LOT 1, 2 and 3, INCLUSIVE, OF CITY OF POWAY TRACT MAP
06 -04, IN THE CITY OF POWAY,COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 15793 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, SEPTEMBER 17, 2010 AS FILE NO. 2010- 0494535; and
Whereas, Grantee is the owner of property located at 14562 Highcrest Court, Poway, Ca.
92064 APN 321 - 030- 85 -00, and legally described as LOT 10, INCLUSIVE, OF CITY OF POWAY
TRACT MAP 06 -04, IN THE CITY OF POWAY,COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 15793 FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 17, 2010 AS FILE NO. 2010 - 0494535 and
located adjacent to Grantor's Properties; and
Whereas, the City has determined that a defined portion of Grantor's properties (Subject
Properties) contains non -fire resistive or undesirable vegetation that must be modified or removed to
pursuant to Chapter 8.76 of the Poway Municipal Code to protect Grantees residence, ancillary
structures, and other improvements from potential fires; and
Whereas, Grantee accepts responsibility for maintaining vegetation on Grantors' properties to
protect Grantee's residence, ancillary structures, and other improvements from potential fires; and
Whereas, Grantor wishes to provide Grantee access to a portion of Lot 1 (435 square feet), a
portion of Lot 2 (5,663 square feet) and a Portion of Lot 3 (1,306 square feet) to modify or remove
undesirable vegetation as determined by the City pursuant to Chapter 8.76 of the Poway Municipal
Code vegetation management; and
Now therefore, in consideration of the above recitals, which by this reference are incorporated
herein, and the mutual covenants, terms, conditions, and restrictions contained herein, it is agreed by
the parties hereto as follows:
DOCUMENTARY TRANSFER TAX $ r2
t. Grantor does hereby voluntarily grants and conveys to Grantee perpetual brush management
easements (Easement), upon, over, and across Subject Properties and more particularly
described as follows:
(See attached legal description on Exhibit A, which is made a part hereof)
(See attached plat on Exhibit B, which is made a part hereof)
2. These Easements shall run with the land and be binding on Grantor's heirs, successors,
administrators, assigns, lessees, and other occupiers or users of the Subject Properties or any
portion of it.
3. Grantor provides to Grantee, and /or assigns, the right to access the Easement areas for the
purpose of maintaining or removing brush and landscaping, installing and maintaining
irrigation, and otherwise performing preventive measures to protect Grantees residence,
ancillary structures, and other improvements from potential fires.
4. Grantee shall maintain the Easement areas at the sole cost, risk, and responsibility of the
respective Grantee and any of Grantee's successors in interest.
In witness whereof, the undersigned have executed this Agreement.
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EXHIBIT A
BRUSH MANAGEMENT EXHIBIT
APN 321 -030 -85
LEGAL DESCRIPTION
ALL THOSE PORTIONS OF LOT 1, LOT 2 AND LOT 3 OF CITY OF POWAY TRACT MAP
06-04, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP NO. 15793, FILED IN THE OFFICE OF COUNTY RECORDER OF
SAN DIEGO COUNTY, SEPTEMBER 17, 2010 AS FILE NO. 2010-0494535 OF OFFICIAL
RECORDS, DESCRIBED AS FOLLOWS:
M11114I9111
BEGINNING AT THE WESTERN MOST CORNER OF SAID LOT 1 THENCE SOUTHEAST
ALONG THE SOUTHEASTERLY LINE OF SAID LOT 1 SOUTH 42005'38" EAST, 25.89
FEET; THENCE LEAVING SAID SOUTHEASTERLY LINE TO THE BEGINNING OF A
NONTANGENT 100.00 FOOT RADIUS CURVE; THE RADIAL LINE TO SAID
BEGINNING OF CURVE BEARS SOUTH 61 038'52" EAST FROM THE CENTER OF SAID
CURVE; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF
28°20'58 ", A DISTANCE OF 49.48 FEET TO A POINT ON THE NORTHWESTERLY LINE
OF SAID LOT 1; THENCE SOUTHWEST ALONG SAID LOT LINE SOUTH 56 °11'08"
WEST, 5.78 FEET TO THE BEGINNING OF A 86.00 FOOT RADIUS TANGENT CURVE
CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE
THROUGH AN ANGLE OF 23 032'02, A DISTANCE OF 35.32 TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM THE NORTHWESTERLY 6 FEET OF PARCEL I
TOTAL AREA IS 0.01 ACRES, MORE OR LESS.
1 .T.' yam
A PORTION OF LOT 2 LYING NORTHWESTERLY OF A LINE DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHERN MOST CORNER OF SAID LOT 2 THENCE
SOUTHEAST ALONG THE NORTHWESTERLY LINE OF SAID LOT 2 SOUTH 42°05'38"
EAST, 25.89 FEET TO A POINT LABELED 'A', POINT -A! BEING THE BEGINNING OF
DESCRIBED LINE; THENCE LEAVING POINT'A' TO THE BEGINNING OF A
NONTANGENT 100.00 FOOT RADIUS CURVE; THE RADIAL LINE TO SAID
BEGINNING OF CURVE BEARS SOUTH 62 057'33" EAST FROM THE CENTER OF SAID
CURVE; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF
04 °19'21 ", A DISTANCE OF 7.54 FEET TO THE BEGINNING OF A NONTANGENT 100.00
FOOT RADIUS CURVE; THE RADIAL LINE TO SAID BEGINNING OF CURVE BEARS
NORTH 74 °01'46" EAST FROM THE CENTER OF SAID CURVE; THENCE WESTERLY
ALONG SAID CURVE THROUGH AN ANGLE OF 87°49'06'; A DISTANCE OF 153.27
FEET TO A POINT LABELED B' ON THE WESTERLY LINE OF SAID LOT 2, POINT B'
BEING THE END OF THE DESCRIBED LINE.
EXCEPTING THERE FROM THE NORWESTERLY 6 FEET OF PARCEL 2.
TOTAL AREA IS 0.13 ACRES, MORE OR LESS.
PARCELS
BEGINNING AT THE NORTHERN MOST CORNER OF SAID LOT 3 THENCE
SOUTHEAST ALONG THE NORTHWESTERLY LINE OF SAID LOT 3 SOUTH 37 011'22"
EAST, 38.77 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE TO THE
BEGINNING OF A NONTANGENT 100.00 FOOT RADIUS CURVE; THE RADIAL LINE
TO SAID BEGINNING OF CURVE BEARS SOUTH 18009'08" EAST FROM THE CENTER
OF SAID CURVE; THENCE WESTERLY ALONG SAID CURVE THROUGH AN ANGLE
OF 04 °47'31 ", A DISTANCE OF 8.36 FEET TO THE BEGINNING OF A NONTANGENT
100.00 FOOT RADIUS CURVE; THE RADIAL LINE TO SAID BEGINNING OF CURVE
BEARS SOUTH 28°00'30" EAST FROM THE CENTER OF SAID CURVE; THENCE
WESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 47 013'56 ", ADISTANCE
OF 82.44 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 3; THENCE
NORTHEAST ALONG SAID LOT LINE ALONG A NONTANGENT 200.00 FOOT RADIUS
CURVE; THE RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH 20°28'08"
EAST FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY ALONG
SAID LINE THROUGH AN ANGLE OF 21 046'00 ", A DISTANCE OF 75.98 FEET TO THE
POINT OF BEGINNING.
EXCEPTING THEREFROM THE NORTHRLY 6 FEET OF PARCEL 3.
TOTAL AREA IS 0.03 ACRES, MORE OR LESS.
NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASED ON RECORD DATA ON
MAP 15793.
PAGE 3 OF 6
EXHIBIT'B'
BRUSH MANAGEMENT EASEMENT
HIGH VALLEY RD
o
n
LOT J
LOT 10 �'� PCL 1 SEE
—PAGE 4
V� LOT 1
API\I 321- 030 -76
Z
Pi�il ♦ 1�7J3
PCL 2 SEE
PAGE 5
— — PCL 3 SEE
PAGE 6
I oT 7
APN 321- 030 -73 _ _
APl\I 321- 03U- //
I
LOT 3
PAGE 4 OF 6
EXHIBIT'B'
BRUSH MANAGEMENT EASEMENT
APN 321 - 030 -76
PARCEL1
i
Ici-r10 i
PNJ
a
5.78' i LOT "1
N =48,5 W�tL �, i
P7\\ G� s• N59 PCL1
/ BRUSH MANAGEMENT
EASMENT FOR LOT 10
j NS\•2p 5` W R�
<', �N6j'3g�52,w(R) A,FI\J 321 - 030 -76
NOTE: BOUNDARY BEARINGS AND DISTANCE ARE
BASED ON RECORD DATA ON MAP 15793
LINE AND CURVE DATA
NO.
BEARING /DELTA I
LENGTH
RADIUS
Li
N42 "05'38 'W
284.56'
-
C1
23.32'02"
35.32'
86.00'
C2
28'20'58"
49.48'
1100.00.
EXHIBIT'B'
BRUSH MANAGEMENT EASEMENT
APN 321 - 030 -77
PARCEL2
N5720'5# P.O.C.
N62'57'3 "WUURR POINT 'A'
89./`2 LOT '1
a LOT -10 J�
a
Zy\
fo \CA
LOT 2
`M
.O
PCL2
BRUSH MANAGEMENT
fit EASEMENT FOR LOT 10
�p�POIN7 'B'
LOT 3 '\ APN 321--030 -77
LINE AND CURVE DATA
NO.
BEARING /DELTA
LENGTH
RADIUS
Li
N2702'27 "E
59.54'
-
L2
N42'05'38 "W
284.56'
-
L3
N37'1 1'12 "W
190.85'
-
C1
05'36'39"
8.42'
86.00'
C2
20'43'25"
72.34'
200.00'
C3
8749'06"
153.27
100.00'
C4
04' 19'21 "
7.54'
100.00'
PAGE 5 OF 6
NOTE: BOUNDARY BEARINGS AND
DISTANCE ARE BASED ON RECORD
DATA ON MAP 15793
PAGE 6 OF 6
EXHIBIT'B'
BRUSH MANAGEMENT EASEMENT
APN 321 - 030 -78
PARCELS
Flail
oT 10 \2N / ��s P.O.B.
Z N N Jr
E
U; O
J 3-
3?13 R '
v
HIGHCREST COURT C3 /NZeoo
_ 1v�
y�q N84V03'31 °E 69.66'- PCL 3 G4
1LV " BRUSH MANAGEMENT �z\
L J JT 3 EASEMENT FOR LOT 10
i APN 32- 1- 030 -13
NOTE: BOUNDARY BEARINGS AND
DISTANCE ARE BASED ON RECORD DATA
ON MAP 15793
LINE AND CURVE DATA
NO.
BEARING /DELTA
LENGTH
RADIUS
L1
N37'1 1'22"W
190.85'
-
L2
NO2'33'22 "W
296.31'
-
C 1
36'17'40"
126.69'
200.00'
C2
21'46'00"
75.98'
200.00'
C3
14'31'40"
50.71'
200.00'
C4
4713'56"
82.44'
100.00'
C5
04'47'31"
8.36'
100.00'
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of Californiac- )
County of y-Xin
On 2Co IrlS before me,
Date Here Insert Name and Title of the 00oar
personally appeared l 4 n,. j L;e�
Name(s) of Signer(s
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/herAheir authorized capacity(ies), and that by hWher/their signature(s) on the instrument the pemon(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of Calffomia that the foregoing paragraph
is true and correct.
ANA MARIE ALARCONJ WITNESS my hand and official seal.
h5Y OTARY SULK- 0.2120463 r NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY Signature Wo My Comm E.p.el JULY 23. 2058 Signature of Notary Public
Place Notary Seal Above
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Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — __1 Limited ❑ General
❑ Individual ❑ Attorney in Fact
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❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing
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