Loading...
Vegetation Management Easement 2018-0091849 DOC# p20 111 8-0091849 RECORDING REQUESTED BY: ) IIIIlIIlIIIIIIIIIIIIIIIIIIIIIIIIIDIIIIIIII IIOIIIIIIIIIIIIIIIIIIIII Mar 08, 2018 01:23 PM CITY OF POWAY ) OFFICIAL RECORDS Ernest J. Dronenburg, Jr., WHEN RECORDED MAIL TO: ) SAN DIEGO COUNTY RECORDER FEES: $110.00 (SB2 Atkins: $75.00) CITY CLERK PCOR: N/A PAGES: 8 CITY OF POWAY POBOX 789 POWAY CA 92074-0789 ) ) (This space for Recorders Use) APN: 321-270-74-00 MDRA: 17-019 . VEGETATION MANAGEMENT EASEMENT This Vegetation Management Easement is entered into and is effective as of January 12, 2018, by and between EGN Holdings, LLC (Grantor) and 1996 Davis Family Trust Dated May 13, 1996 (Grantee) and the City of Poway. Whereas, Grantor is the owner of the property located at 14009 Murel Trail, Poway, CA 92064, APN 321-270-75-00, and legally described as Lot 5 OF CITY OF POWAY TRACT NO. 01-03, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14940, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, DECEMBER 29, 2004 (Grantor's Property); and • Whereas, Grantee is the owner of the property located at 14015 Murel Trail, Poway, CA 92064, APN 321-270-74-00, and legally described as Lot 4 OF CITY OF POWAY TRACT NO. 01-03, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14940, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, DECEMBER 29, 2004 (Grantee's Property) and located adjacent to Grantor's Property; and Whereas, Grantee is required to modify or remove non-fire resistive or undesirable vegetation surrounding Grantee's residence, pursuant to Sections 15.05.190 and 15.05.200 of the Poway Municipal Code pertaining to vegetation fuel modification and maintenance within the Defensible Space Area and the Wildland Urban Interface area, or pursuant to the City of Poway's Landscape Requirements titled Vegetative Fuel Management at the Development— Wildland Interface; and Whereas, Grantee's proposed vegetation fuel management plan will extend into a defined portion of Grantor's Property (Subject Property); and Whereas, Grantor agrees to convey an easement over and across Subject Property for vegetation fuel management purposes in exchange for the Grantee's promise to maintain Subject Property as more fully set forth below. 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. Subject to the obligations of Grantee to Grantor provided in that certain Brush Management Easement Agreement between Grantor and Grantee recorded in the Official Records of the San Diego County Recorder on August 16, 2017 as Document No. 2017-0371774, which Brush Management Easement Page 2 obligations are incorporated herein by reference, Grantor does hereby grant unto Grantee a perpetual Vegetation 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. Subject to the obligations of Grantee to Grantor provided in that certain Brush Management Easement Agreement between Grantor and Grantee recorded in the Official Records of the San Diego County Recorder on August 16, 2017 as Document No. 2017-0371774, which obligations are incorporated herein by reference, Grantor provides to Grantee, and/or assigns, the right to access the Easement area for the purpose of planting, maintaining, or removing brush and landscaping, installing and maintaining irrigation, and otherwise performing preventive measures required by the City of Poway Safety Services Department to protect Grantees residence, ancillary structures, and other improvements from potential fires. 4. Grantee shall maintain the Easement area in accordance with criteria set forth under the approved vegetation fuel management plan on file at the City of Poway at the sole cost, risk, and responsibility of the respective Grantee and any of Grantee's successors in interest. 5. This Easement can be terminated only by the City of Poway, when the City of Poway Development Services Department, upon consultation with the City of Poway Safety Services Department, determines that the need for vegetation fuel management no longer exists within the Easement area. Said determination shall be evidenced by a duly recorded Notice of Termination at the expense of the Grantee. In witness whereof, the undersigned have executed this Agreement. Grantor: EGN Holdings, LLC, A California Limited Liability Company By: Norris Family 1997 Trust Its: Member AA 17e;:--b1 ✓ Cs- a IAS .L 231e ,lU. , ,l �. l.�! _./I.& 3 /�' Elwood G. Norris, Trustee Da ISte•hanie Anne Norris, Trustee Date Grantor 199.66 Davis/Family Trusty 1Dyatted May , 996 ^ ,• ,� /i�e�42R4_- s( C°1Ln -212e1/Y , 11. Ott ♦ _ _�� W.t1sd�- -� Michael Neil Davis, Co-Trustee Date •amela Ann Davis, Co-Trustee Date 2.. 20. 1€ Approved as to Form Brush Management Easement Page 3 Approved as to Form t �� Office of the City Attorney 5/0/ at tA4 3l Robe J. Manis Date Alan Fenstermacher Date Director of Development Se ces City Attorney 1 EXHIBIT A BRUSH MANAGEMENT EASEMENT LEGAL DESCRIPTION • FOR APN 321-270-74 ON APN 321-270-75 A PORTION OF LOT 5 OF CITY OF POWAY TRACT MAP 01-03, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 14940, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 29,2004 AS FILE NO.2004-1223604 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 5 THENCE ALONG THE EAST LINE OF SAID LOT 5 SOUTH 15°1T44" EAST, 106.96 FEET TO THE TRUE POINT OF BEGINNING, SAID TRUE POINT OF BEGINNING ALSO BEING THE BEGINNING OF A 100.00 FEET RADIUS CURVE,THE RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORTH 58°05'OI" WEST FROM THE CENTER OF SAID CURVE;THENCE LEAVING SAID EAST LINE,AND COUNTERCLOCKWISE ALONG SAID CURVE THROUGI•I AN ANGLE OF 30°I2'30",A DISTANCE OF 5232 FEET;THENCE TANGENT TO SAID CURVE SOUTH 1°42'29" WEST,48.00 FEET TO THE BEGINNING OF A TANGENT 100.00 FEET RADIUS CURVE CONCAVE EASTERLY;THENCE COUNTERCLOCKWISE ALONG SAID CURVE THROUGH AN ANGLE OF 37°49'31",A DISTANCE OF 66.02 FEET TO THE BEGINNING OF A NONTANGENT 100.00 FEET RADIUS CURVE,THE RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH , . . 62°09'12" WEST FROM THE CENTER OF SAID CURVE;THENCE . COUNTERCLOCKWISE ALONG SAID CURVE THROUGH A ANGLE OF 41°45'19",A ..• DISTANCE OF 72.88 FEET TO A POINT ON THE EAST LINE OF SAID LOT 5;THENCE ALONG SAID EAST LINE NORTH 15°12'44" WEST,214.32 FEET•TO THE TRUE POINT•a. . •: •• • • ••• OF BEGINNING. . . • • • NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASED ON RECORD DATA ON• ' • • •• • •. MAP 14940. • • • • ,.:aen FrA S .... _ . . PAGE 1 OF 1 EXHIBIT 'B' BRUSH MANAGEMENT EASEMENT • FOR APN 321-270-74 ON APN 321-270-75 Q Q'- 1 II J Q l—T.P.O.B. V R:100' 1 sS9.OS 11�J L 52. 12'30"� 7 N APN 321-270-75 \ 568'17'31"E(R) • W / j • N $ �. APN 321-270-74' • z • • S88'17'31"E(R) Or BRUSH MANAGEMENT-— "'- EASEMENT FOR N53'52'58"E(R) APN 321-270-74 7 • N62'09'12"E(R) R:100' i r 0LT:37'49'31" J stet L: 66.02' 07/ A)/ R:100' / �/ /I DLT:41'45'19" •I� , L:72.88' 4 • • NOTE; BOUNDARY BEARINGS AND DISTANCES _ ARE BASED ON RECORD DATA ON MAP 14940 .c�.oa>e:w>^>xaxwwa vat76:4Mr:xas:sxter•w,.^.y���.rx.n:.r«:Idarag :x erecta mmw�az.«,.a>r,.x..r..,,,. CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 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 San Diego } On February 28, 2018 before me, Jasmine L. Pemicano, Notary Public (Hem amen name era Lees Me after) personally appeared Michael Neil Davis and Pamela Ann Davis who proved to me on the basis of satisfactory evidence to be the person®whose name®is re subscribed to the within instrument and acknowledged to me that he/shel4TeOexecuted the same in his/he '(jt=uthorized capacity •m, and that by his/her el signature® on the instrument the persons , or the entity upon behalf of which the person®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. Iy. .;\ JASMINE L. PERNICANO WITNESS my and and official seal. u 111 � r \ ion No. 2195589 C) vis{! t:. O MCommission r) NOTARY PURLIC.CALIFORNIA A t' SAN 100 COUNTY Comm E•Oaef 01MAY e.C2002 v. No Public S. n uie (Notary Public Seal) • • ADDITIONAL OPTIONAL INFORMATION _ INSTRUCTIONS FOR COMPLETING THIS FORM . Ths form complies with current California statutes regarding notary wording and. DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary lair. (Title or desaiption of attached document) • State and County information must be the State and County where the document signers)personally appeared before the notary public for acknowledgment. (Tide a desuiptim of etlaChed document candnued) • • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). • Print the names) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. 0 Individual(s) be/she/theft is dere)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-scal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact . Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document,number of pages and date. ❑ C. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO.CFO,Secretary). www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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 i ) County ofe ?? 2.-Ot On CQ-023- before me, __I e. I_ ./ �� ,e [Date I [Name of Notary Public] Notary Public, personally appeared, C//Don C7 . A .t✓1'� `/t 9r [Name(s)of si00(s)I S -e_p c ae ta6,4Ap Ajohtils 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(ties), and that by his/her/their signatures(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 PERJURYnder-Atclsws of the State of California that the foregoing paragraph is true and correct. (/ WI ESS-ma hand and offici seal. JANADEE MILER Notary Pubic-CaJ.brrea � / \• . 1 NotSan Digo County m gn o •otnry Public Commission A 2186633 ` My Comm.Expires*11.2021 (seal) sssss * ssssssssss * OPTIONAL INFORMAIION • THE INFORMATION PROVIDED BELOW IS NOT REQUIRED BY LAW CHARACTER OR TITLE OF DOCUMENT NUMBER OF PACES DOCUMENT DATE SIGNER(S)OF THE DOCUMENT OTHER THAN THOSE NAMED ABOVE: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 N.w.wd .w.w .,n.w .w.wNw .w... .e .w.w.x.w.w.o .w .S,..v..w. ..h s{ .v..n.w.w.w s{.w .w.w.a{Nw..w.w .w .w.w.w.w .AKs• . 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 San Diego On InskDh b 1 201 W before me, Yvonne Mannion Notary Public Date L Here Insert Name and Title of the Officer personally appeared 12Oheiz� J - ,yiAa t Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose nameesi is/are subscribed to the within instrument and acknowledged to me that he/she/ffyey executed the same in his/her/tlieir authorized capacity(ies), and that by his/her/their signature(%)on the instrument the personts), 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 YVDNNEMANNION is true and correct. Notary Public-California WITNESS my hand and official seal. g}'' San Diego County j +L�yrj/ Commission 2201766 E 'J My Comm.Eipires Jun 18.2021 Signature tA,d- adaAa%aA) 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: 1/QC,Q.Cch n an inOcki4424-itt k e4GMC(Ik Document Date: J `/ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: O Corporate Officer — Title(s): 0 Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Individual 0 Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee 0 Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: „„ -„ „„.„ ry „„ -„ „ x w { ry — - ---n -F-NM 'w ry r x r v ei rvwrvNry .ry ry ry ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907