Covenant to Grant an Easement 2017-0585985COVENANT TO GRANT AN EASEMENT
WHEREAS, EGN Holdings, LLC, a California limited liability company, is the owner of the
real property described as Lot 7 and Lot 8 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, in lieu of immediately granting an easement for driveway and utility purposes
along with a brush management easement over a portion of Lot 7, in benefit of Lot 8,
which easement is more particularly described in Exhibit A, and by plat in Exhibit B, both of
which are attached hereto and incorporated herein by this reference, It is the desire of and
intention of the owner to impose upon the property described above, these covenants for
future granting of said easement.
NOW THEREFORE, the owner hereby declares that Lot 7 described above is 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:
1. Upon sale of said Lot 8, EGN Holdings, LLC shall grant to the new owner of said Lot
8, an access and utility easement along with a brush management easement over
said Lot 7. If EGN Holdings, LLC sells said Lot 7 prior to sale of said Lot 8, EGN
shall reserve an access and utility easement along with a brush management
easement over said Lot 7 in favor of said Lot 8, and shall concurrently with grant of
said Lot 8 to a new owner, grant the reserved access and utility easement along
with a brush management to said Lot 8. The easement shall be over all that portion
of Lot 7 described in Exhibit A and by plat in Exhibit B.
2. The owner and all parties having or acquiring any right, title or interest in the
property described as Lot 7 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.
DOC# 2017-0585985
�'�
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Dec 14, 2017 04:57 PM
RECORDING REQUESTED BY:
OFFICIAL RECORDS
Ernest J. Dronenburg,Jr-
CITY OF POWAY
SAN DIEGO COUNTY RECORDER
FEES. $30.00
AND WHEN RECORDED MAIL TO:
PAGES: 6
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
(This space for Recorder's Use)
APN: 321-270-77 & 78
COVENANT TO GRANT AN EASEMENT
WHEREAS, EGN Holdings, LLC, a California limited liability company, is the owner of the
real property described as Lot 7 and Lot 8 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, in lieu of immediately granting an easement for driveway and utility purposes
along with a brush management easement over a portion of Lot 7, in benefit of Lot 8,
which easement is more particularly described in Exhibit A, and by plat in Exhibit B, both of
which are attached hereto and incorporated herein by this reference, It is the desire of and
intention of the owner to impose upon the property described above, these covenants for
future granting of said easement.
NOW THEREFORE, the owner hereby declares that Lot 7 described above is 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:
1. Upon sale of said Lot 8, EGN Holdings, LLC shall grant to the new owner of said Lot
8, an access and utility easement along with a brush management easement over
said Lot 7. If EGN Holdings, LLC sells said Lot 7 prior to sale of said Lot 8, EGN
shall reserve an access and utility easement along with a brush management
easement over said Lot 7 in favor of said Lot 8, and shall concurrently with grant of
said Lot 8 to a new owner, grant the reserved access and utility easement along
with a brush management to said Lot 8. The easement shall be over all that portion
of Lot 7 described in Exhibit A and by plat in Exhibit B.
2. The owner and all parties having or acquiring any right, title or interest in the
property described as Lot 7 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.
Easement
Page 2
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 jbC 2017.
OWNER: EGN Holdings, LLC, A California limited liability company
By: The Norris Family Trust 11-05-97
Managingl Member pp
cElwoodNorris, Trustee
sE+
PO
a-2�
Stephanie A. Norris, Truste
(signatures must be notarized)
ACKNOWLEDGED BY CITY OF POWAY:
J. Mani§ 6 - 6
r of Development
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1 1M
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 Save
On 12 �`�� before me, �((J
Date r are Insert Name and Title d the Officer
personally appeared Ll� LiQn(�S
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 FOREMAN
Commission # 2063476
a "46 - Notary Public - California >
Z :P.y� a: �e
San Diego County
,1, My Comm. Expires Apr 5, 2018
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
[MIA
seal.
of /Totary 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:
Number of Pages: Signer(s) Other Than Named Above:
Document Date:
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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EXHIBIT 'A'
PARCEL A
AN EASEMENT FOR ACCESS AND UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS
A 20 FEET WIDE STRIP OF LAND IN LOT 7 OF MAP NO. 14940, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO, DECEMBER 29, 2004 AS FILE NO. 2004-1223604 OF OFFICIAL
RECORDS. THE CENTER OF WHICH IS DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 7; THENCE ALONG THE WEST
LINE OF SAID LOT 7, SOUTH 7°08'50" WEST 227.88 FEET TO THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID WEST LINE SOUTH 58°01'59" EAST, 20.32 FEET TO THE
BEGINNING OF A TANGENT 100 -FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE
ALONG SAID 100 -FOOT RADIUS CURVE THROUGH AN ANGLE OF 31°58'01", A DISTANCE
OF 55.79 FEET; THENCE TANGENT TO SAID 100 -FOOT RADIUS CURVE NORTH 90°00'00"
EAST 37.43 FEET TO THE BEGINNING OF A TANGENT 100 FEET RADIUS CURVE CONCAVE
NORTHERLY; THENCE ALONG SAID 100 -FOOT RADIUS CURVE THROUGH A ANGLE OF
5°39'28", A DISTANCE OF 9.87 FEET; THENCE TANGENT TO SAID 100 -FOOT RADIUS CURVE
NORTH 84020'32" EAST, 108.50 FEET TO THE BEGINNING OF A 100 FEET RADIUS CURVE
CONCAVE NORTHWESTERLY; THENCE ALONG SAID 100 -FOOT RADIUS CURVE THROUGH
AN ANGLE OF 9024'03" A DISTANCE OF 16.41 FEET; THENCE TANGENT TO SAID 100 -FOOT
RADIUS CURVE NORTH 74056'28" EAST 30.33 FEET TO THE BEGINNING OF A 100 FEET
RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE ALONG SAID 100 -FOOT RADIUS
CURVE THROUGH AN ANGLE OF 29023'11 " A DISTANCE OF 51.29 FEET; THENCE TANGENT
TO SAID 100 -FOOT RADIUS CURVE NORTH 45033'17" EAST, 11.98 FEET TO THE BEGINNING
OF A 50 FEET RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE ALONG SAID 50 -FOOT
RADIUS CURVE THROUGH AN ANGLE OF 6018'56", A DISTANCE OF 5.51 FEET; THENCE
TANGENT TO SAID 50 -FOOT RADIUS CURVE NORTH 51052'13" EAST, 10.44 FEET TO A POINT
ON THE WEST LINE OF EASTERLY 30 FEET OF SAID LOT 7.
THE SIDE LINES OF SAID 20 FEET WIDE STRIP OF LAND TO BE EXTENDED OR SHORTENED
TO TERMINATE WESTERLY ON THE WEST LINE OF SAID LOT 7, AND EASTERLY ON THE
WEST LINE OF THE EASTERLY 30 FEET OF SAID LOT 7.
PARCEL B:
AN EASEMENT FOR BRUSH CLEARING PURPOSES OVER, ALONG AND ACROSS AN 10 FEET
WIDE STRIP OF LAND IN LOT 7 OF MAP NO. 14940, THE SOUTHERLY LINE OF WHICH IS
THE NORTHERLY LINE OF THE 20 FEET WIDE STRIP OF LAND DESCRIBED IN PARCEL A
ABOVE.
THE NORTHERLY SIDE LINE OF SAID 10 FEET WIDE STRIP OF LAND TO BE EXTENDED TO
TERMINATE WESTERLY ON THE WEST LINE OF SAID LOT 7, AND EASTERLY ON THE
WEST LINE OF THE EASTERLY 30 FEET OF SAID LOT 7.
PARCEL C:
AN EASEMENT FOR BRUSH CLEARING PURPOSES OVER, ALONG AND ACROSS AN 10 FEET
WIDE STRIP OF LAND IN LOT 7 OF MAP NO. 14940, THE NORTHERLY LINE OF WHICH IS
Page 1 of 2
THE SOUTHERLY LINE OF THE 20 FEET WIDE STRIP OF LAND DESCRIBED IN PARCEL A
ABOVE.
THE SOUTHERLY SIDE LINE OF SAID 10 FEET WIDE STRIP OF LAND TO BE SHORTENED TO
TERMINATE WESTERLY ON THE WEST LINE OF SAID LOT 7, AND EASTERLY ON THE
WEST LINE OF THE EASTERLY 30 FEET OF SAID LOT 7.
PREPARED BY:
N M C.
11/1$/2017� N033730
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WILLIAM C. YE114 RCE 33730
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Page 2 of 2
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LOT 7
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TAPS 14040 NOTE#1: DRIVEWAY AND UTILITY I N
EASEMENT FOR LOT 8
NOTE#2: BRUSH MANAGEMENT ZONE U)
EASEMENT FOR LOT 8 100
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EXISTING RESERVATION OF
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FOR LOT 8 IN MAP NO. 14940 \41
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CENTER LINE OF J
DRIVEWAY & UTILITY
EASEMENT
LINE DATA:
L1: N58'01'59"W, 20.32'
1-2: N90'00'00"E, 37.43'
1-3: N84'20'32"E, 108.50'
1-4: N74'56'28"E, 30.33'
1-5: N45'33'17"E, 11.98'
1-6: N51'52'13"E, 10.44'
CURVE DATA:
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30' EXISTING ROAD, DRAINAGE &
PIPELINE EASEMENT PER
MAP NO. 14940
Cl: R=100.00', DLT=31'58'01", L=55.79'
C2: R=100.00', DLT=5'39'28", L=9.87'
Cl R=100.00' DLT=9'24'03", L=16.41'
C4: R=100.00', DLT=29'23'11", L=51.29'
C5: R=50.00', DLT=6'18'56", L=5.51'
NO 33730
\ENGR\WO1705\CERTIFICATE OF CORRECTION\PLINELOT7 FOR COVENANT.DWG W01705