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Brush Management Easement 2017-0565026 DOC# 2017-0565026 • IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIllII IIIIIIIIIII1111IIII RECORDING REQUESTED BY:) Dec 05, 2017 10:38 AM ) OFFICIAL RECORDS CITY OF POWAY ) Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER WHEN RECORDED MAIL TO: ) FEES. $27.00 PCOR: NIA PAGES: 5 CITY CLERK CITY OF POWAY ) P O BOX 789 ) POWAY CA 92074-0789 ) ) (This space for Recorder's Use) APN: 321-100-43-00 BRUSH MANAGEMENT EASEMENT This Brush Management Easement is entered into and is effective as of November _30 , 2017, by and between McCenza 8, LLC, a California limited liability company (Grantor) and McCenza 8, LLC, a California limited liability company (Grantee). Whereas, Grantor is the owner of the property located at 15012 Toothrock Road, Poway Ca. 92064 (Grantor's Property), APN 321-100-43-00 and legally described as LOT 1 OF CITY OF POWAY TENTATIVE TRACT MAP TTM 03-02 VIEWPOINT ESTATES, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF 15683, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 16, 2008; and Whereas, Grantee is the owner of property located at 15006 Toothrock Road, Poway, Ca. 92064, APN 321-100-44-00, and legally described as LOT 2 OF CITY OF POWAY TENTATIVE TRACT MAP TTM 03-02 VIEWPOINT ESTATES, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF 15683, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 16, 2008 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 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 (3,200 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: I. 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: iirvenza homas Christ4her McComic Date Manager Director Gd-a, . cCenz r C Thomas Chr opher McComic Date �7 Manager Director 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 County of Con Diejo On (IntIP 'ao .? ail before me, UtiQ 1 i O(! /1;tn I 1 O (t I h ubf ty i C Date Here Insert Name and Title of the Officer personally appeared J IACMC&t Ck%1SC0phPrt 1. 1C-(r)(1,11 Na/ne(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/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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. vVONr;F MAIINION WITNESS my hand and official seal. _ Nota7 pubIr-Ctlro'nle ',�^ i San Diego County Commission r 7701 rte `�,Ml �n My Comm.B:1res tun 18,7071 Signature tlt),L,IP_ 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 Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): 0 Corporate Officer — Title(s): ❑Partner — 0 Limited ❑General 0 Partner — 0 Limited 0 General ❑Individual 0 Attorney in Fact 0 Individual ❑Attomey in Fact ❑Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator ❑Other: 0 Other: Signer Is Representing: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 EXHIBIT A BRUSH MANAGEMENT EASEMENT LEGAL DESCRIPTION FOR APN 321-100-44 ON APN 321-100-43 A PORTION OF LOT 1 OF CITY OF POWAY TRACT MAP 03-02 VIEWPOINT ESTATES. IN THE CITY OF POWAY. COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. ACCORDING TO MAP NO. 15683. FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY. APRIL 16. 2008, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT I THENCE ALONG THE WEST LINE OF SAID LOT I NORTH 20°50'29" WEST. 14.57 FEET TO THE TRUE POINT OF BEGINNING. SAID POINT ALSO BEING THE BEGINNING OF A NONTANGENT 100.00 FEET RADIUS CURVE: TIME RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH 63°46'39" EAST FROM THE CENTER OF SAID CURVE: THENCE COUNTERCLOCK WISE ALONG SAID CURVE THROUGH AN ANGLE OF 43°36'I I", A DISTANCE OF 75.81 FEET: 17°12'50" WEST. 79.92 FEET TO THE BEGINNING OF A 100.00 FEU RADIUS TANGENT CURVE CONCAVE SOUTIIWESI'ERLY: THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 54°31'53". A DISTANCE OF 95.18 FEET TO A POINT ON THE WEST LINE OF SAID LOT I. THENCE SOUTHEASTERLY ALONG SAID WEST LINE SOUTH 20°50'29" EAST. 230.58 FEET TO THE TRUE POINT OF BEGINNING. NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASED ON RECORD DATA ON MAP 15683. 4. 40F E.Slp y. � i�O ytF nm 'L SNo . .1. • \t91F CAM F OoP�`P EPAGE 1 OF 1 EXHIBIT 'B' BRUSH MANAGEMENT EASEMENT FOR APN 321-100-44 ON APN 321-100-43 \ \ i /' ,,-R=100.00' /\ \ DLT=54.31'53" L=95.18' .e/ Zo / / o / - BRUSH MANAGEMENT p EASEMENT FOR do APN 321-100-44 w 2/ c ed.?) , , /1/ - co ``'v1 11 . El ':Z, ° APN 321-100-43 APN 321-100-44 / N" • s. R=100.00' S63 c/://1/ ....... - - DLT=43.36'11" 46.?g. . v/ L=75.81' ,FSR\/ ��\ /-T.P.O.\ ( \ � 7 -... T_O_OTHROCK \ ROA P.O.0- ;?OFE,S/fl / 4111 * EXP NOTE: BOUNDARY BEARINGS AND DISTANCES / r9rf OF CACALICOit ARE BASED ON RECORD DATA ON MAP 15683