Brush Management Easement 2015-0559389RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED MAIL TO
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
APN: 321 - 030 -79 -00
DOC# 2015 - 0559389
11111111111 IIII I II II I I III 11111111111 I III I VIII I III I VII I VII I I III I I II
Oct 26, 2015 04:55 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $27.00
PCOR: N/A
PAGES: 5
(This space for Recorder's Use)
BRUSH MANAGEMENT EASEMENT
This Brush Management Easement is entered into and is effective as of October Z10 , 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 property located at 14535 Highcrest Court, Poway Ca.
92064 (Grantor's Property), APN 321 - 030 -79-00 and legally described as LOT 4, 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; and
Whereas, Grantee is the owner of property located at 14523 Highcrest Court, Poway, Ca.
92064, APN 321 - 030- 80 -00, and legally described as LOT 5, 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 and located adjacent to Grantor's
Property; and
Whereas, the City has determined that a defined portion of Grantor's property (Subject
Property) 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 Grantor's property 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 Subject Property (5,665
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:
Grantor does hereby voluntarily grants and conveys to Grantee a perpetual brush
management easement (Easement), upon, over, and across Subject Property and more
particularly described as follows:
DOCUMENTARY TRANSFER TAX$
(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. This Easement shall run with the land and be binding on Grantor's heirs, successors,
administrators, assigns, lessees, and other occupiers or users of the Subject Property or any
portion of it.
3. Grantor provides to Grantee, and/or assigns, the right to access the Easement area 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 area 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.
Grantor L 0.—AA >zh ^ge�iA ioKy Date
Grantee
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Date
EXHIBIT A
BRUSH MANAGEMENT EXHIBIT
APN 321 -030 -80
LEGAL DESCRIPTION
A PORTION OF LOT 4 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:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 4 THENCE SOUTH
ALONG THE WESTERLY LINE OF SAID LOT 4 SOUTH 00 015'47" EAST, 53.20 FEET TO
THE TRUE POINT OF BEGINNING, THENCE LEAVING SAID WESTERLY LINE SOUTH
37°2799" EAST, 43.52 FEET TO THE BEGINNING OF A 100.00 FOOT RADIUS TANGENT
CURVE CONCAVE WESTERLY; THENCE SOUTHEASTERLY, SOUTHERLY AND
SOUTHWESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 90 000'00 ", A
DISTANCE OF 157.08 FEET THENCE TANGENT TO SAID CURVE SOUTH 52032'21"
WEST, 8.93 FEET TO APOINT ON THE WESTERLY LINE OF SAID LOT 4, THENCE
NORTH ALONG SAID LINE NORTH 00 015'47" WEST, 180.18 FEET TO THE TRUE POINT
OF BEGINNING.
TOTAL AREA IS 0.13 ACRES, MORE OR LESS.
NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASED ON RECORD DATA ON
MAP 15793.
PAGE :' O� 7
EXHIBIT'B'
BRUSH MANAGEMENT EASEMENT
AP N 321 - 030 -79
I OJT `J --
L0 -r _ _ _ ST COURT
- -� — HIGHCRE _
-� P.O.C. N84'03'31 "E 309.3 -
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o �T.P.O.B. Nj 6,E� I 1
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w BRUSH MANAGEMENT
i ~EASEMENT FOR LOT 5 N
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13
CA N APN 321 - 030 -79 I N
co
—1 (V
Lo ON LOT 4 Z
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2
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N37'27'39 "W(R) colt
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-25.96
- N89'09'53 "W 319.73' -
PCL 1 Phil -170-14 PCI 2
NOTE: BOUNDARY BEARINGS AND DISTANCES
ARE BASED ON RECORD DATA ON MAP 15793
UNE AND CURVE DATA
NO.
DELTA BEARING
LENGTH
L1
N37'27'39 "W
43.52'
L2
N52'32'21 "E
8.93'
JRAIDI
C1
90'00'00"
157.08'
CALIFORNIA ALL-• 1 1 CODE
t KIM
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 California_ )
County of Zin J
On IQ1 -2 S before me, "'�(�2 ��Colrt, AV4 Bjw L.
Date Here Insert Name and Title of the 00car
personally appeared
Name(s) of
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his /her/their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
ANA MARIE ALARCON
a Commission No. 2120463
L r s
i�,� NOTARY PUBLIC- CALIFORNIA
SAN DIEGO COUNTY
My Comm E.p•es JULY 23. 2019
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public
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Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
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 — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
Fl Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
• individual ❑ Attorney in Fact
• Trustee ❑ Guardian or Conservator
fl Other:
Signer Is Representing:
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