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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 <x�L wL.a._.<�<.a. _n _ .aGa _ .c�L.a .<i .@ .� ,c�Q,c� sLca .c. ,off .n .aQ.o•.a�L_a _<i _r .n ,cam .a _n .a. 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. w NO 33730 sr�T... CIVIL�F 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 P.O.C.- IN I.I. wI ^N W NI r `.I Lo �I "t of n O I N I V, NI NII Z V) S59'24'07"E(R:) S59'24'07"E(R) S54'34'02"E(R) S66'31'41"E(R) \ �\ S59'24'07"E(R) G� S59'24'07"E(R) \ cM S53'54'07"E(R) \I� N30'35'53"E 13.58' �V v 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 PAGE 1 OF 1 0 M L U N