Covenant to Grant an Easement 2017-0585984COVENANT TO GRANT AN EASEMENT
WHEREAS, EGN Holdings, LLC, a California limited liability company, is the owner of the
real property described as Lot 3 and Lot 5 of Map 14940 recorded in the Office of the
County Recorder of San Diego County on December 29, 2004 as File No. 2004-1223604.
WHEREAS, a Boundary Adjustment is proposed between Lot 3 and Lot 5 of Map 14940
which will change the ownership of the private road, Murel Trails, and in lieu of
immediately granting an easement for driveway and utility purposes over that segment of
Murel Trails that will be within Lot 3, in benefit of Lot 5, it is the desire of and intention of
the owner to impose upon the properties described above, these covenants for future
granting of said easement.
NOW THEREFORE, the owner hereby declares that Lot 3 and Lot 5 described above are
held and shall be held, conveyed, hypothecated, leased, rented, used, occupied, and
improved subject to the following covenants, which shall run with the land and shall be
binding on all parties having or acquiring any right, title or interest in the described land or
any part thereof:
Upon the execution of said Boundary Adjustment and the sale of said Lot 5, EGN
Holdings, LLC shall grant to the new owner of said Lot 5, an access and utility
easement over said Lot 3. If EGN Holdings, LLC sells said Lot 3 prior to the sale of
said Lot 5, EGN Holdings, LLC shall reserve an access and utility easement over
said Lot 3 in favor of said Lot 5, and shall concurrently with grant of said Lot 3 to a
new owner, grant the reserved access and utility easement to said Lot 5. The
easement shall be over those portions of Lot 5 described as follows:
Beginning at the northwest corner of Lot 5 of City of Poway Tract 01-03, in the City
of Poway, County of San Diego, State of California, according to Map No. 14940,
filed in the Office of the County Recorder of San Diego County, December 29, 2004;
thence along the north line of said Lot 5 South 89°02'55" East, 60.00' to a point on a
line parallel with and 60.00 feet measuring at right angles east of the westerly line of
said Lot 5; thence along said parallel line South 1000'10" West 65.68 feet; thence
leaving said parallel line North 87°23'01" West, 60.02 feet to a point on the west line
DOC# 2017-0585984
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Dec 14, 2017 04:57 PM
OFFICIAL RECORDS
RECORDING REQUESTED BY:
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
CITY OF POWAY
FEES: $21.00
AND WHEN RECORDED MAIL TO:
PAGES: 3
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
(This space for Recorders Use)
APN: 321-270-75 & 87
COVENANT TO GRANT AN EASEMENT
WHEREAS, EGN Holdings, LLC, a California limited liability company, is the owner of the
real property described as Lot 3 and Lot 5 of Map 14940 recorded in the Office of the
County Recorder of San Diego County on December 29, 2004 as File No. 2004-1223604.
WHEREAS, a Boundary Adjustment is proposed between Lot 3 and Lot 5 of Map 14940
which will change the ownership of the private road, Murel Trails, and in lieu of
immediately granting an easement for driveway and utility purposes over that segment of
Murel Trails that will be within Lot 3, in benefit of Lot 5, it is the desire of and intention of
the owner to impose upon the properties described above, these covenants for future
granting of said easement.
NOW THEREFORE, the owner hereby declares that Lot 3 and Lot 5 described above are
held and shall be held, conveyed, hypothecated, leased, rented, used, occupied, and
improved subject to the following covenants, which shall run with the land and shall be
binding on all parties having or acquiring any right, title or interest in the described land or
any part thereof:
Upon the execution of said Boundary Adjustment and the sale of said Lot 5, EGN
Holdings, LLC shall grant to the new owner of said Lot 5, an access and utility
easement over said Lot 3. If EGN Holdings, LLC sells said Lot 3 prior to the sale of
said Lot 5, EGN Holdings, LLC shall reserve an access and utility easement over
said Lot 3 in favor of said Lot 5, and shall concurrently with grant of said Lot 3 to a
new owner, grant the reserved access and utility easement to said Lot 5. The
easement shall be over those portions of Lot 5 described as follows:
Beginning at the northwest corner of Lot 5 of City of Poway Tract 01-03, in the City
of Poway, County of San Diego, State of California, according to Map No. 14940,
filed in the Office of the County Recorder of San Diego County, December 29, 2004;
thence along the north line of said Lot 5 South 89°02'55" East, 60.00' to a point on a
line parallel with and 60.00 feet measuring at right angles east of the westerly line of
said Lot 5; thence along said parallel line South 1000'10" West 65.68 feet; thence
leaving said parallel line North 87°23'01" West, 60.02 feet to a point on the west line
Easement
Page 2
of said Lot 5; thence along said west line North 1000'10" East, 63.94 feet to the
point of beginning.
Together with
All that portion of Lot 5 of City of Poway Tract 01-03, in the City of Poway, County of
San Diego, State of California, according to Map No. 14940, filed in the Office of the
County Recorder of San Diego County, December 29, 2004 delineated and
designated as "Driveway and Utility Easement for Lots 4 and 6 Reserved hereon"
on said Map No. 14940.
2. EGN Holdings, LLC and all parties having or acquiring any right, title or interest in
the property described as Lot 3 of Map 14940 recorded in the Office of the County
Recorder of San Diego County agree to refer to and incorporate by reference, this
Covenant to Grant an Easement in all instruments of conveyance of all or any
portion of said real property until a release of all covenants contained herein has
been properly executed and recorded.
A release shall be given by the City of Poway upon satisfactory completion of the
requirement of Paragraph 1 hereof.
IN *WITNESS WHEREOF, the undersigned has executed this instrument this day
of lle0,P-V )Vr 2017.
OWNER: EGN Holdings, LLC, A California limited liability company
By: The Norris Family Trust 11-05-97
Managing Member
Elwoodf{. Norris, Trust6e
C -e-
Stephanie A. Norris, Truste
(signatures must be notarized)
ACKNOWLEDGED BY CITY OF POWAY:
Rbldert J. Manis 6 '
Director of Development
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 QF )
S --
On i2---T`ki before me, ll(�
Date �(( Mpere Insert Name and Title o the Officer
personally appeared Cil t l��� moos
of
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.
VICKI FOflEMAN
•� Commission # 2063478 Ill
Notary Public •California
San Diego County
' My Comm. Expires Apr 5, 2018
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 mV hrand and official seal.
of Notary Public
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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:
Number of Pages:
Document Date:
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
❑ 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:
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