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Covenant to Grant of Easement 2018-0175329 DOC# p2018-0175329 RECORDING REQUESTED BY: 1III0IIIIIIIIIIIIIIIIII11IIIIIIIIIIIIIIIIIIIIIIIIIII 1111(11101111 CITY OF POWAY May 02, 2018 11:06 AM OFFICIAL RECORDS AND WHEN RECORDED MAIL TO: Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER CITY CLERK FEES: 5176.00 (SB2 Atkins: 5150.00) CITY OF POWAY PAGES: 5 P.O. BOX 789 POWAY CA 92074 (This space for Recorder's Use) APN: 321-270-72 & 71 COVENANT TO GRANT AN EASEMENT WHEREAS, EGN Holdings, LLC, a California limited liability company, is the owner of the real property described as Lot 1 and Lot 2 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 1 , in benefit of Lot 2, 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 1 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 2, EGN Holdings, LLC shall grant to the new owner of said Lot 2, an access and utility easement along with a brush management easement over said Lot 1. If EGN Holdings, LLC sells said Lot 1 prior to sale of said Lot 2, EGN shall reserve an access and utility easement along with a brush management easement over said Lot 1 in favor of said Lot 2, and shall concurrently with grant of said Lot 2 to a new owner, grant the reserved access and utility easement along with a brush management to said Lot 2. The easement shall be over all that portion of Lot 1 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 1 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. 11 IN WITNESS WHEREOF, the undersigned has executed this instrument this wt day of Ark) 2018. OWNER: EGN Holdings, LLC, A California limited liability company By: The Norris Family Trust 11-05-97 Managing Member ElwoodVNorris, Trustee AkA-. CtUJCM 4yapr 1 Or(ls Stephanie A. Norris, Trustee' aj n. i },n;L z N 01(65 (signatures must be notarized) ACKNOWLEDGED BY CITY OF POWAY: pheYi. o ert J. Manis Di ctor of Development Service CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 geti Nrste`ree.C,.f-K'wY',M,fhrltre,.MINWIfi .,f:O,i'IN't`e`.iK'.CC.K',frM.�$C,<• Y�f'Q lt,LY`rert--M.CCIMS Z,CrrrtM..i re,4 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 Apr; I 22 oto I y before me, Yvonne Mannion Notary Public Date Here Insert Name and Title of the Officer personally appeared ELinnd (.Trant nor and Name(s) of Signer(s) Stephwl:P Anne Howls who proved to me on the basis of satisfactory evidence to be the person s) whose name s° is/Q9 subscribed to the within instrument and acknowledged to me that he/she/ he executed the same in his/her/S authorized capacity(ies), and that by his/her/ el signature(Don the instrument the person(sy, or the entity upon behalf of which the persoaacted, 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 MANNION WITNESS my hand and official seal. _ Notary Public-California t-r • San Diego County oy commissbn i 2201766 ••-ns" My Comm.Expires lun 18.2021 Signature s•Oar.2i— ail/1;a r-) Illffli Signature o 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: Cooenwtt Ici &-fltt .t A"- Ec>,5empnf Document Date: Apel d-3 , 7r,l3 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): ❑Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Partner — 0 Limited 0 General ❑ Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: ❑ Other: Signer Is Representing: Signer Is Representing: .C4..'4V't:.,Saevic:'tis;'4e:sw`�:•c:'piemin`4eas.cwFY�[•'kb`sce94M'�.c't:•c:'�.ec:'tiiatske:`fitvA:saZ:e44Y.o7.caF.s.'L4iN:r.sw:.'4c.'Yt.vcxc:sct5.;stwtw`u:e.•4.c-s�t:! ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 EXHIBIT A BRUSH MANAGEMENT EASEMENT LIGA1. DESCRIPTION FOR AI'N 321-270-72 ON APN 321-270-71 A PORTION OF LOT 1 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 SOUTHEAST CORNER OF SAID LOT I THENCE ALONG THE EAST LINE OF SAID LOT I NORII-I 7°49'20" EAST. 247A2 FEET TO THE TRUE POINT OF BEGINNING. SAID TRIJE POINT OF BEGINNING ALSO BEING THE BEGINNING OF A 100.00 FEET RADIUS CURVE, THE RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH 56°31'26" WEST FROM THE CENTER OF SAID CURVE: THENCE LEAVING SAID EAST LINE. AND CLOCKWISE ALONG SAID CURVE THROUGH AN ANGLE OF 17°04'35", A DISTANCE OF 29.80 FEET TO THE BEGINNING OF A NONTANGENT 100.00 FEET RADIUS. THE RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH 73°3601" WEST FROM THE CENTER R OF SAID CURVE: THENCE CLOCKWISE ALONG SAID CURVE TI-(ROUGH AN ANGLE OF 33°41'14", A DISTANCE OF 58.80 FEEL THENCE TANGENT TO SAID CURVE NORTH 2°49'42" WEST-. 32.03 FEET TO THE BEGINNING OF A TANGENT 100.00 FEU RADIUS CURVE CONCAVE WESTERLY: THENCE CLOCKWISE ALONG SAID CURVE THROUGH AN ANGLE OF 40°56'54". A DISTANCE OF 71.47 FEET TO THE BEGINNING OF A NONTANGENT 100.00 FEET RADIUS. THE RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NOR"I'1I 75°37'57" WEST FROM THE CENTER R OF SAID CURVE: THENCE CLOCKWISE ALONG SAID CURVE THROUGH AN ANGLE OF 36°45'14". A DISTANCE OF 64.15 FEET TO THE BEGINNING OF A NONTANGENT 100.00 FEET RADIUS. THE RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORTH 56°46'40" WEST FROM THE CENTER OF SAID CURVE: THENCE CLOCKWISE ALONG SAID CURVE THROUGH AN ANGLE OF I I°22'33". A DISTANCE OF 19.85 FEET TO A PAN"!'ON 'ME BAST LINE OF SAID LOT I: THENCE ALONG SAID EAST LINE SOUTH 7°49'20" WEST, 250.94 FEET TO THE TRUE POINT OF BEGINNING. NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASET) ON RECORD DATA ON MAP 14940. 00 ES S/pn,, 4/11111"-.47- ct N0 33730 OE CIV \ est OE ° OF CO