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Brush Management Easement 2015-0559390uC� RECORDING REQUESTED BY: l l� CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 APN: 321 -030- DOC# 2015 - 0559390 111111 VIII VIII IIII IIII 111111 VIII VIII VIII VIII VIII IIII IIII IIII 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 Ilse) BRUSH MANAGEMENT EASEMENT This Brush Management Easement is entered into and is effective as of October2 (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 property located at 14553 Highcrest Court, Poway Ca. 92064 (Grantor's Property), APN 321 - 030 -78-00 and legally described as LOT 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; and Whereas, Grantee is the owner of property located at 14535 Highcrest Court, Poway, Ca. 92064, 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 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 Grantee's 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 (3,200 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 $ 0 (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. -2L- �S n Grantor JCpAk.,%.etvt tAec{, jvi 3 Date IC CL: IO Id Grantee Date I � IIC BRUSH MANAGEMENT EXHIBIT FOR APN 321 -030 -79 LEGAL DESCRIPTION A PORTION OF 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: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 3 THENCE SOUTH ALONG THE WESTERLY LINE OF SAID LOT 3 SOUTH 02°33'22" EAST, 16.83 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE BEGINNING OF A NONTANGENT 100.00 FOOT RADIUS CURVE; THE RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORTH 38 016'38" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHERLY ALONG SAID CURVE THROUGH AN ANGLE OF 65003'16" ' A DISTANCE OF 113.54 FEET; THENCE TANGENT TO SAID CURVE SOUTH 13 019'54" WEST, 74.88 FEET TO THE BEGINNING OF A 100.00 FOOT RADIUS TANGENT CURVE CONCAVE NORTHWESTERLY, THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 14 °55'35 ", ADISTANCE OF 26.05 FEET TO APOINT ON THE WESTERLY LINE OF SAID LOT 3, THENCE NORTH ALONG SAID LINE NORTH 02 °33'22" WEST, 198.90 FEET TO THE TRUE POINT OF BEGINNING. TOTAL AREA IS 0.10 ACRES, MORE OR LESS. NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASED ON RECORD DATA ON MAP 15793. i''Wrylll'IIII'IIIIVI, {I FWWORDA C PAGE 2 OF 2 BRUSH MANAGEMENT EASEMENT APN 321 - 030 -78 LOT 10 L_- r P.O.C. i L1 �I eW Mme/�o 0 m M m m 3 N N M M LV 0 Z n / / LOT 2 OS• _BRUSH MANAGEMENT EASEMENT FOR LOT4 14770'­D6"'N 6 P � • O _M n 2 N> LOT ` UN �4p. '% e \kR '4 Y Y. O PCL LINE AND CURVE DATA NO. BEARING /DELTA LENGTHI RADIUS L1 N84'03'31 "E 69.66' - C1 65'03'16" 113.54' 100.00' C2 14'55'35" 26.05' 100.00' C3 36'17'40" 126.69' 200.00' NOTE! BOUNDARY BEARINGS AND DISTANCES ARE BASED ON RECORD DATA ON MAP 15793 I AP I 32-1-030-70 i7 N m LOT 3 3 m 0 01, z N89'09'53 "W 319.73' — 179 1'r PCL 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 c•.r< �<.r..r .r r..r .r:.r .r .rf .r<.r<m .a..r..r..� �<.re.r, n :.a✓ rc.�<./- .�..�.:r... .L� <.rc..c:.� <r...< � a� : rc.. 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 �(_r On �2(o f ly before me, WYiZ a �� O&NI f okkYN B!W Date Here Insert Name and Title of the -00oer personally appeared n Name(s) of 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 /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 Commission No 2120463 i' Y NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY ��'r My COOMi Expires JULY 23. 20% 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 l . 1 V' / Lt&_4 ce t Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. 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