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Brush Management Easement 2017-0524387RECORDING REQUESTED BY:) CITY OF POWAY ) ) WHEN RECORDED MAIL TO: ) ) CITY CLERK ) CITY OF POWAY ) P O BOX 789 ) POWAY CA 92074-0789 ) APN: 321-030-82-00 DOC# 2017-0524387 Nov 09, 2017 10:39 AM OFFICIAL RECORDS Ernest J. Dronenburg,Jr., SAN DIEGO COUNTY RECORDER FEES: 530.00 PAGES.6 (This space for Recorder's Use) BRUSH MANAGEMENT EASEMENT r��cutll�nt-or><}"I—ir�ns(-�r-t�u 1�0 This Brush Management Easement is entered into and is effective as of August 29 , 2017, by and between High Valley 8, LLC, a California limited liability company (Grantor) and High Valley 8, LLC, a California limited liability company (Grantee). Whereas, Grantor is the owner of the property located at 14516 Highcrest Court, Poway Ca. 92064 (Grantor's Property), APN 321-030-83-00 and legally described as LOT 8, 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 14508 Highcrest Court, Poway, Ca. 92064, APN 321-030-82-00, and legally described as LOT 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 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 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: (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: for H[oK Managing Grantee: Tho dsChrisippherMcComic for High V I y 8, Th mas Christoph r McComic Managing Partner Date 2� Date 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 California County of SAcJ Di tG—O On Z 1c2l� I I 'I before me, l )onYJE i)i� Flsv Ni u J iyeTfiJZt 1N 23�'� Date Here Insert Name and Title of the Officer personally appeared ) )AunnAs rHZLP Eofi+EK Alc (o iC, 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/sWtbey-executed the same in his/hLsr/their authorized capacity(ies), and that by his/per/igeir signature(sYbn the instrument the person(e), or the entity upon behalf of which the person(s) acted, executed the instrument. YVONNE MANNION Notary Public - California San Diego County Commission N 2201766 My Comm. Expires Jun 18, 2021 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 _ lOn : a�) 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: Acid h W AA orYlert.f: to temPA_t Document Date: $ 1,1') 11 :1 Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ 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: 0 1 v• • • • • • • • :11 • :11 •1 EXHIBIT A BRUSH MANAGEMENT EASEMENT LEGAL DESCRIPTION FOR APN 321-030-82 ON APN 321-030-83 THOSE PORTIONS OF LOT 8 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 A BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 8; THENCE ALONG THE NORTH LINE OF SAID LOT 8 NORTH 82052'49" EAST, 1.59 FEET TO THE BEGINNING OF A 100.00 FEET RADIUS CURVE, THE RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORTH 69009'43" EAST FROM THE CENTER OF SAID CURVE; THENCE LEAVING SAID NORTH LINE AND CLOCKWISE ALONG SAID CURVE THROUGH AN ANGLE OF 1602 PI 0", A DISTANCE OF 28.54 FEET TO THE BEGINNING OF A NONTANGENT 100 FEET RADIUS CURVE, THE RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORTH 70052'00" EAST FROM THE CENTER OF SAID CURVE; THENCE CLOCKWISE ALONG SAID CURVE THROUGH AN ANGLE OF 32°21'50", A DISTANCE OF 56.49 FEET TO A POINT ON THE WEST LINE OF SAID LOT 8; THENCE ALONG SAID WEST LIE NORTH 8008'40" WEST, 73.91 FEET TO AN ANGLE POINT THEREOF; THENCE CONTINUING ALONG SAID WEST LINE NORTH 1 ° 11'58" WEST, 10.05 FEET TO THE POINT OF BEGINNING. PARCEL B COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 8 THENCE ALONG THE WEST LINE OF SAID LOT 8 NORTH 8008'40" WEST, 31.36 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING ALONG SAID WEST LINE NORTH 8008'40" WEST, 81.97 FEET; THENCE LEAVING SAID WEST LINE SOUTH 18°44'47" EAST, 12.53 FEET TO THE BEGINNING OF A TANGENT 70.00 FEET RADIUS CURVE CONCAVE WESTERLY; THENCE ALONG SAID CURVE THROUGH AN ANGLE OF 10°36'07", A DISTANCE OF 12.95 FEET; THENCE TANGENT TO SAID CURVE SOUTH 8°08'40" EAST, 34.92 FEET TO THE BEGINNING OF A TANGENT 70.00 FEET RADIUS CURVE CONCAVE WESTERLY; THENCE ALONG SAID CURVE THROUGH AN ANGLE OF 18-11-42", A DISTANCE OF 22.23 FEET TO THE TRUE POINT OF BEGINNING. NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASED ON RECORD DATA ON MAP 15793. \FM C. Y i w NO 33730 m z sr cm\- 3 <F OF C AUFO/ EXHIBIT 'B' PAGE 1 OF 2 BRUSH MANAGEMENT EASEMENT FOR APN 321-030-82 ON APN 321-030-83 I 0 N N82'52'49'E 1.59 P.O.B.— ��� _ —� W Q U / 569'09'43„w(R) n R=100.00' L �— DLT=16'21'10” I N1'11'58"W 10.05' L=28.54' S85'30'53'N��_----� BRUSH MANAGEMENT EASEMENT PARCEL A FOR APN 321-030-82 CD 0 APN 321-030-62 R=100.00' C4 DLT=32'21'50" L=56.49' APN 321-030-33 N76.4 6'iVto( I I I QROF ESS/ON \PM c. s� �Z t w NO 33730 m � A I 1 s, C1V1\- a.P I qrF OFC AC�FOP- NOTE: BOUNDARY BEARINGS AND DISTANCES��"�/�� ARE BASED ON RECORD DATA ON MAP 15793 / EXHIBIT'S' FOR APN 321-030-82 ON APN 321-030-83 BRUSH MANAGEMENT EASEMENT PARCEL B - - FOR APN 321-030-82 Z J CO. 4P.N 321-030-62 S 0 S81'51'20"WAR) � - w w N7g•5g'S8"yy�R) � -r N18.44'47"W 12.53' W O 1 � Ri w A AN P.O.C. 1� R=70.00' DLT=10.36'07" L=12.95' ,\PN 32-J-030-83 R=70.00' DLT= 18'11'42" L=22.23' PAGE 2OF2 0 N II J Q U N / w NO 33730 qTF OF C HIGHCREST COURT NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASED ON RECORD DATA ON MAP 15793