Brush Management Easement 2017-0524386RECORDING REQUESTED BY:)
CITY OF POWAY )
WHEN RECORDED MAIL TO: )
)
CITY CLERK )
CITY OF POWAY )
P O BOX 789 )
POWAY CA 92074-0789 )
)
APN: 321-030-83-00
DOC# 2017-0524386
Nov 09, 2017 10:39 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $27.00
PAGES:5
(This space for Recorder's Use)
BRUSH MANAGEMENT EASEMENT
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This Brush Management Easement is entered into and is effective as of Augusts , 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 14546 Highcrest Court, Poway Ca.
92064 (Grantor's Property), APN 321-030-84-00 and legally described as LOT 9, 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 14516 Highcrest Court, Poway, Ca. 92064,
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 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.
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.
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: Thdmas Chris p r McComic
for High
He 8
homas Chnstophe McComic
Managing Partner
McComic
for
/141t -
i nomas unnstopr
Managing Partner
Date
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 SA rJ ?i ECTO
On ttt4GiN1t c,)Cl , aotI before me, IVnniNF I I nNr\) o J 1
Here Insert Name and Titleof the—
personally appeared � l H 10M riS r if Qin -To Ptfi R vl.A r Co M i G
Names) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persorl(a'I whose name(s) Wave
subscribed to the within instrument and acknowledged to me that he/awthey executed the same in
his/leer/tyeir authorized capacity(ies), and that by his/her/tFjeirsignature(s) on the instrument the person(*,
or the entity upon behalf of which the person(s) acted, executed the instrument.
YVDNNE MANNIDN
Notary Public-Cali(orMa
San Diego County
Commission M 2201756
My Comm, Expires/un 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 It 17hnit 4 Ic�,, i a J
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 I
Document Date:
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:
Number of Pages:
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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EXHIBIT A
BRUSH MANAGEMENT EASEMENT LEGAL DESCRIPTION
FOR APN 321-030-83 ON APN 321-030-84
A PORTION OF LOT 9 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 SOUTHWEST CORNER OF SAID LOT 9 THENCE ALONG THE
WEST LINE OF SAID LOT 9 NORTH 701 I'10" EAST, 24.64 FEET TO THE TRUE POINT OF
BEGINNING, THENCE CONTINUING ALONG SAID WEST LINE NORTH 7°11'10" EAST,
252.53 FEET TO THE BEGINNING OF A NONTANGENT 100.00 FEET RADIUS CURVE,
THE RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORTH 35°45'19" EAST
FROM THE CENTER OF SAID CURVE; THENCE LEAVING SAID WEST LINE, AND
CLOCKWISE ALONG SAID CURVE THROUGH AN ANGLE OF 58016'15", A DISTANCE
OF 101.70 FEET; THENCE TANGENT TO SAID CURVE SOUTH 4°01'35" WEST, 74.88
FEET TO THE BEGINNING OF A TANGENT 100.00 FEET RADIUS CURVE CONCAVE
NORTHWESTERLY; THENCE ALONG SAID CURVE THROUGH AN ANGLE OF
67015'03". A DISTANCE OF 117.37 FEET TO THE TRUE POINT OF BEGINNING.
NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASED ON RECORD DATA ON
MAP 15793.
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EXHIBIT 'B' PAGE 1 OF 1
BRUSH MANAGEMENT EASEMENT
FOR APN 321-030-83 ON APN 321-030-84 _
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BRUSH MANAGEMENT
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NOTE: BOUNDARY BEARINGS AND DISTANCES
ARE BASED ON RECORD DATA ON MAP 15793