Brush Management Easement 2017-0524385RECORDING REQUESTED BY:)
CITY OF POWAY )
WHEN RECORDED MAIL TO: )
)
CITY CLERK )
CITY OF POWAY )
P O BOX 789 )
POWAY CA 92074-0789 )
APN: 321-030-84-00
DOC# 2017-0524385
Nov 09, 2017 10:39 AM
OFFICIAL RECORDS
Ernest,). Dronenburg,Jr.,
SAN DIEGO COUNTY RECORDER
FEES. $27.00
PAGES.5
(This space for Recorder's Use)
BRUSH MANAGEMENT EASEMENT
This Brush Management Easement is entered into and is effective as of August 2`I , 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 14562 Highcrest Court, Poway Ca.
92064 (Grantor's Property), APN 321-030-85-00 and legally described as LOT 10, 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 14546 Highcrest Court, Poway, Ca. 92064,
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 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: T,hpnas Christoph cComic
for yi ley 8, C
f �/ z
homas Ch' op er cComic Date
Managing Partner
Grantee: h s Christoph M omic
for Hi g 8,
Th as Christopher M omic Date
Managing Partner
CALIFOWAIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
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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 u )
On A c vn� I r7 0l I before me, it/DNNE inqNNio J )OT K, r RIAli�
Date Here Insert Name and Title of the Offic r
personally appeared f hoN tots (h (t ST o Edc & (V) C ('O rU C
Names) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person•(sr whose name(ErY is/art
subscribed to the within instrument and acknowledged to me that he/s4efthey executed the same in
hisfhwA44eir authorized capacity(ies), and that by his/.bsir signature(s) on the instrument the persor1w,
or the entity upon behalf of which the person*acted, executed the instrument.
1 YVONNE MANNION
j Notary Public - California
3 San Diego County
Commission a 2201766
My Comm. Expires Jun 18, 2021
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 n r 0nn;0n)
Signature of Notary Public
Place Notary Seal Above
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 Docupen L�tASh_ iY-)anae(y1P.n It Foisernan ti
Document Date: 6 U 11`1 Number of Pages:
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
I-1 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:
EXHIBIT A
BRUSH MANAGEMENT EASEMENT LEGAL DESCRIPTION
FOR APN 321-030-84 ON APN 321-030-85
A PORTION OF LOT 10 OF CITY OF POWAY TRACT MAP 06-04, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
NO.] 5793, 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 10, THENCE ALONG
THE WESTERLY LINE OF SAID LOT 10 SOUTH 14°55'20" WEST, 64.02 FEET TO THE
TRUE POINT OF BEGINNING, THENCE CONTINUING ALONG SAID WESTERLY LINE
SOUTH 14055'20" WEST, 150.77 FEET TO THE BEGINNING OF A NONTANGENT 100.00
FEET RADIUS CURVE, THE RADIAL LINE TO SAID BEGINNING OF CURVE BEARS
SOUTH 53054'07" EAST FROM THE CENTER OF SAID CURVE; THENCE LEAVING SAID
WESTERLY LINE, AND COUNTERCLOCKWISE ALONG SAID CURVE THROUGH AN
ANGLE OF 5030'00", A DISTANCE OF 9.60 FEET; THENCE TANGENT TO SAID CURVE
NORTH 30035'53" EAST, 13.58 FEET TO THE BEGINNING OF A TANGENT 100.00 FEET
RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE ALONG SAID CURVE
THROUGH AN ANGLE OF 7°07'34", A DISTANCE OF 12.44 FEET TO THE BEGINNING
OF A NON -TANGENT 100.00 FEET RADIUS CURVE, THE RADIAL LINE TO SAID
BEGINNING OF CURVE BEARS SOUTH 54034'02" EAST FROM THE CENTER OF SAID
CURVE; THENCE COUNTERCLOCKWISE ALONG SAID CURVE THROUGH AN ANGLE
OF 4050'05", A DISTANCE OF 8.44 FEET; THENCE TANGENT TO SAID CURVE NORTH
30°35'53" EAST, 2.25 FEET TO THE BEGINNING OF A TANGENT 100.00 FEET RADIUS
CURVE CONCAVE NORTHWESTERLY ;THENCE NORTHEASTERLY ALONG SAID
CURVE THROUGH AN ANGLE OF 4°36'45", A DISTANCE OF 8.05 FEET TO THE
BEGINNING OF A NON -TANGENT 100.00 FEET RADIUS CURVE, THE RADIAL LINE
TO SAID BEGINNING OF CURVE BEARS SOUTH 54°47'21" EAST FROM THE CENTER
OF SAID CURVE; THENCE COUNTERCLOCKWISE ALONG SAID CURVE THROUGH
AN ANGLE OF 4036'45", A DISTANCE OF 8.05 FEET; THENCE TANGENT TO SAID
CURVE NORTH 30035'53" EAST, 2.25 FEET TO THE BEGINNING OF A TANGENT 100.00
FEET RADIUS CURVE CONCAVE WESTERLY; THENCE ALONG SAID CURVE
THROUGH AN ANGLE OF 53°41'16", A DISTANCE OF 93.70 FEET TO THE TRUE POINT
OF BEGINNING.
NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASED ON RECORD DATA ON
MAP 15793.
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F OF CALIF
EXHIBIT 'B'
BRUSH MANAGEMENT EASEMENT
FOR APN 321-030-84 ON APN 321-030-85
CURVE DATA
Cl: R=100.00', DLT=4'36'45", L=8.05'
C2: R=100.00', DLT=4'50'05", L=8.44'
Cl R=100.00', DLT=7'07'34", L=12.44
C4: R=100.00', DLT=5'30'00", L=9.60'
AFF 321-030-84
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S59'24'07"E(R)
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APN 321-080-0-5
R:100.00'
DLT:53'41' 16"
L:93.70'
_ — BRUSH MANAGEMENT
EASEMENT FOR
APN 321-030-84
`N30'35'53"E 2.25'
N3935'53"E 2.25'
Xy c
NOTE: BOUNDARY BEARINGS AND DISTANCES
ARE BASED ON RECORD DATA ON MAP 15793
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