Brush Management Easement 2017-0565024 DOC# 2017-0565024
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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: 527.00
PCOR: N/A
PAGES: 5
CITY CLERK )
CITY OF POWAY )
P O BOX 789 )
POWAY CA 92074-0789 )
(This space for Recorder's Use)
APN: 321-100-45-00
BRUSH MANAGEMENT EASEMENT
This Brush Management Easement is entered into and is effective as of November ?A() , 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 15003 Toothrock Road, Poway Ca.
92064 (Grantor's Property), APN 321-100-45-00 and legally described as LOT 3 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:
1. 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: •nza 8, er
homas ristophe McComic Date
Manager Director
Gran --: cCen - 8 C
homas ristopher McComic Date
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 cShn . ;(26
On'()Vile Al bee a on before me, `1 UO(1(1? ! 4/1/1 , I I otolcL
Date Here Insert Name and Title of the Off, er
personally appeared 114°N10i .S C h(i \t fl pha it (Yl C
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/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.
YVONNE MANNWN WITNESS my hand and official seal.
_ Notary Public-California ..
San Diego COlmty _ //
�` ,.al Commission•2201766 [6 Signature i4.34.— IU/62nn ! -)r..)
."4.1.1."4.1.1e My Comm.Expires Jun 18.2021 \
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 0 General 0 Partner — 0 Limited 0 General
❑Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact
❑Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator
❑Other: 0 Other:
Signer Is Representing: Signer Is Representing:
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02016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item (15907
EXHIBIT A
BRUSH MANAGEMENT EASEMENT LEGAL DESCRIPTION
FOR APN 321-100-44 ON APN 321-100-45
A PORTION OF LOT 3 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 AN ANGLE POINT ON THE NORTHERLY LINE OF SAID LOT 3:
SAID POINT BEARS SOUP- 89°30'33" WEST. 53.03 FEET FROM THE MOST EASTERLY
NORTHEAST CORNER OF SAID LOT 3; THENCE ALONG THE NORTH WESTERLY
LINE OF SAID LOT 3 SOUTH 58°51'57" WEST, 34.30 FEET TO THE TRUE POINT OF
BEGINNING: THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE SOUTH
58°51'57" WEST. 34.07 FEET TO THE BEGINNING OF A NONTANGENT 100.00 FEET
RADIUS CURVE; THE RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH
21°19'32" EAST FROM THE CENTER OF SAID CURVE: TTIENCE
COUNTERCLOCKWISE ALONG SAID CURVE THROUGH AN ANGLE OF 19°3102". A
DISTANCE OF 34.24 FEIN r TO THE TRUE POINT OF BEGINNING.
NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASED ON RECORD DATA ON
MAP 15683.
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I' �• EXHIBITPAGE 1 OF 1
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BRUSH MANAGEMENT EASEMENT
FOR APN 321-100-44 ON APN 321-100-45
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NOTE: BOUNDARY BEARINGS AND DISTANCES W IP"
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ARE BASED ON RECORD DATA ON MAP 15683 /o--/7-// OF OAU,