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Brush Management Easement 2015-0559391p RECORDING REQUESTED BY �C �1 CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 APN: 321 - 030 -80 -00 APN: 321 - 030 -82 -00 DOC# 2015 - 0559391 1 11111111111 VIII VIII I'II 111111 VIII VIII VIII VIII VIII Ilitl PII IIII Oct 26, 2015 04:55 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $3300 PCOR N/A PAGES. 7 (This space for Recorders use) BRUSH MANAGEMENT EASEMENT This Brush Management Easement is entered into and is effective as of October, 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 14523 Highcrest Court, Poway Ca. 92064, APN 321 - 030 -80-00 (Lot 5) and 14508 Highcrest Court, Poway, Ca. 92064, APN 321- 030 -82- 00 (Lot 7) (Grantor's Properties) and legally described as LOT 5 and 7, 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 14501 Highcrest Court, Poway, Ca. 92064, APN 321 - 030- 81 -00, and legally described as LOT 6, 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 5 (11,325 square feet) and a portion of Lot 7 (7,405 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 $ 1. Grantor does hereby voluntarily grants and conveys to Grantee perpetual brush management easements (Easements), 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. rtw/%t -CC Grantor ��U \�.N MQ CLL/L.r�_L:LJ�2a Pt--C C iLL"-,,z Grantee /p, ZG- tS Date ;69 - Date EXHIBIT A BRUSH MANAGEMENT EXHIBIT APN 321 -030 -81 LEGAL DESCRIPTION ALL THOSE PORTIONS OF LOT 5 AND LOT 7 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: PARCEL 1 BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 5 THENCE SOUTH ALONG THE WESTERLY LINE OF SAID LOT 5 SOUTH 26°29'08" WEST, 203.36 FEET; THENCE LEAVING SAID WESTERLY LINE TO THE BEGINNING OF A NONTANGENT 100.00 FOOT RADIUS CURVE; THE RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH 08 024'26" WEST FROM THE CENTER OF SAID CURVE; THENCE EAST AND NORTHEASTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 84057'17", A DISTANCE OF 148.27 FEET; THENCE TANGENT TO SAID CURVE NORTH 13 °27'09" EAST, 66.68 FEET TO THE BEGINNING OF A 100.00 FOOT RADIUS TANGENT CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH AN ANGLE OF 24 033'01 ", A DISTANCE OF 42.85 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 5, SAID POINT ALSO BEING THE BEGINNING OF A NONTANGENT 40.00 FOOT RADIUS CURVE; THE RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH 29033'16" EAST FROM THE CENTER OF SAID CURVE; THENCE WESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 56 °02'24 ", ADISTANCE OF 39.12 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE NORTHERLY 6 FEET OF PARCEL 1. TOTAL AREA IS 0.26 ACRES, MORE OR LESS. PARCEL 2 BEGINNING AT THE SOUTHERNMOST CORNER OF SAID LOT 7 THENCE WEST ALONG THE SOUTHERLY LINE OF SAID LOT 7 NORTH 82°36'15" WEST, 199.46 FEED; THENCE LEAVING SAID SOURTHERLY LINE TO THE BEGINNING OF A NONTANGENT 100.00 FOOT RADIUS CURVE; THE RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORTH 49027'37" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY AND EASTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 60°27'24 ", A DISTANCE OF 105.52 FEET; THENCE TANGENT TO SAID CURVE SOUTH 79000'13" EAST, 59.92 FEET; THENCE SOUTH 72 °1924" EAST, 37.70 FEET TO THE BEGINNING OF A 100.00 FOOT RADIUS TANGENT CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 14-15'41", A DISTANCE OF 24.89 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 7, SAID POINT ALSO BEING THE BEGINNING OF A NONTANGENT 40.00 FOOT RADIUS CURVE; THE RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORTH 39036'19" WEST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 42 059'56' A DISTANCE OF 30.02 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTHEASTERLY 6 FEET OF PARCEL 2. TOTAL AREA IS 0.17 ACRES, MORE OR LESS. NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASED ON RECORD DATA ON MAP 15793. 0 n 4i J U m EXHIBIT'B' BRUSH MANAGEMENT EASEMENT APN 321 - 030 -80 PARCEL 1 LOT 6 FA I r) -f / P.0.13.� C2 ('b \ at C4 ryry. h� y�0 'l/ PAGE 3 OF 4 LOT a �� - -- hIIGHCREST COURT c 254.14' N84'03 31 E X56. \SSS. Lol 5 \eS � G j Al APN 321- 030-8O I I _ PCL 1 Gy BRUSH MANAGEMENT EASEMENT FOR LOT 6 N89'09'53 427.64' 19.18 LINE AND CURVE DATA NO. DELTA /BEARING LENGTH RADIUS Lt NI3- 27 -09 "E 66.68' — Ct 5917'2" 28.09' 32.00' C2 8743'05" 57.75' 40.00' C3 2358'06" 16.73' 40.00' C4 56'02'24" 39.12' 40.00' C5 84'57'17" 148.27' 100.00' C6 1 2433'01" 42.85' 100.00' NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASED ON RECORD DATA ON MAP 15793 0 II W J Q U �Nm 1 nl ljl n1 r O r 9 ca r I r r nl 31 0 O N M z z I I EXHIBIT'B BRUSH MANAGEMENT EASEMENT APN 321 - 030 -82 PARCEL 2 ftOJ 4-9,5-9 N85'16'45 "W 265.86' FJM y \ caJ J LOT ARN 321-030-32 PCL2 BRUSH MANAGEMENT EASEMENT FOR LOT 6 Li PAGE 4 OF 4 LOT 3 Z O 10 O w r o� 1f 1�7J3 A rn m m w O 0 p F NI M/ zl zl�4 8' �y G7 N82'36'15 "W 799.46' (R) 268.08' — HIGHCREST CT 8 — � 0.13. COURT NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASED ON RECORD DATA ON MAP 15793 LINE AND CURVE DATA NO. DELTA /BEARING LENGTH RADIUS L1 N82'48'33'W 12.66' - L2 NO1'11'58"W 10.05' - L3 N79'00'13"W 59.92' - L4 N72'19'24'W 37.30' - C1 6927'24" 105.52' 100.00' C2 14'15'41" 24.89' 100.00' C3 74'27'35 51.98' 40.00' C4 42'59'56 30.02' 40.00' C5 1 31'27'39" 21.96' 40.00' CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 I ) County of k5y,-tn lam. j ) �, ^ Roca" .r f On IDTZ(_o�15 before me, af-"Z ca AkVut PUW�G Date _ Here Insert Name and Title of the Of#cer personally appeared Names) 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 z � NOTARY PUBLIC- CALIFORNIA SAN DIEGO COUNTY My Comm E.pxes JULY 23 2018 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 A, `""" C'� 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. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: • Corporate Officer — Trtle(s): • Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator F1 Other: Signer Is Representing: Signer's Name: • Corporate Officer — Tide(s): • Partner — ❑ Limited ❑ General • Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ­1 Other: Signer Is Representing: