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Vegetation/Fuel Management Easement 2018-0338960RECORDING REQUESTED BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074.0789 DOC# 2018-0338960 IIIIIIIIIIIIIIIIIIIIIIIIIIIillllllllllllllllllllllllllllllllllllllllll Aug 17, 2018 10:57 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $182.00 (5132 Atkins: $150.00) (This space for Recorder's Use) PAGES:7 APN: 321-270-68 and APN 321-270-78 Project Number: Minor Development Review Application 17-025ylAnJ'�QY k^X Q VEGETATION / FUEL MANAGEMENT EASEMENT This Vegetation Management Easement is entered into and is effective as of -11 C) 1 2018, by and between Thaier Gorial (Grantor) and EGN Holdings LLC (Grantee). Whereas, Grantor is the owner of the property located at 14150 Mural Trails, Poway, CA 92064, APN 321-270-68 (Grantor's property); and Whereas, Grantee is the owner of the property located at 14102 Murel Trails, Poway, CA 92064, APN 321-270-78 (Grantee's property); and Whereas, Grantee requests or is required to modify or remove non -fire resistive or undesirable vegetation surrounding Grantee's residence either pursuant to Section 8.76 of the Poway Municipal Code pertaining to vegetation management, or pursuant to Section 15.05 of the Poway Municipal Code pertaining to Defensible Space Guidelines within 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 Zone will extend into a defined portion of Grantor's Property, as specifically described and delineated on Exhibit "A" and Exhibit "B"; and Whereas, Grantor agrees to convey a Vegetation /Fuel Management Easement allowing Grantee to access said Vegetation Management Zone. 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. 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 Property or any portion of it. 2. Grantor provides to Grantee, and/or assigns, the right to access the Vegetation Management Zone 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. EXHIBIT A FOR APN 321-270-78 ON APN 321-270-68 FUEL MANAGEMENT EASEMENT A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, ALL IN SECTION 8, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED IN THE LAND GRANTED TO THAIER GORIAL, DESCRIBED AS PARCEL 1 OF EXHIBIT A IN THAT DEED RECORDED ON MARCH 28, 2000 IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY AS DOCUMENT NO. 2000-0156127, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 1, SAID POINT OF BEGINNING BEING THE BEGINNING OF A 100.00 FEET RADIUS CURVE CONCAVE SOUTHEASTERLY, THE RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORTH 37°17'51" WEST FROM CENTER OF SAID CURVE; THENCE CLOCKWISE ALONG SAID CURVE THROUGH AN ANGLE OF 21050'18", A DISTANCE OF 38.12 FEET TO THE BEGINNING OF A NONTANGENT 100.00 FEET RADIUS CURVE CONCAVE SOUTHEASTERLY, THE RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORTH 23°31'49" WEST FROM THE CENTER OF SAID CURVE; THENCE CLOCKWISE ALONG SAID CURVE THROUGH AN ANGLE OF 9°02'07", A DISTANCE OF 15.77 FEET TO THE BEGINNING OF A NONTANGENT 100.00 FEET RADIUS CURVE CONCAVE SOUTHERLY, THE RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORTH 27010'40" WEST FROM THE CENTER OF SAID CURVE; THENCE CLOCKWISE ALONG SAID CURVE THROUGH AN ANGLE OF 55005'47", A DISTANCE OF 96.16 FEET TO THE BEGINNING OF A NONTANGENT 100.00 FEET RADIUS CURVE CONCAVE SOUTHWESTERLY, THE RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORTH 10°01'1 I" EAST FROM THE CENTER OF SAID CURVE; THENCE CLOCKWISE ALONG SAID CURVE THROUGH AN ANGLE OF 31038'22", A DISTANCE OF 55.22 FEET TO A POINT ON THE SOUTH LINE OF SAID PARCEL 1; THENCE ALONG SAID SOUTH LINE NORTH 89016'43" WEST, 190.42 FEET TO THE POINT OF BEGINNING. CONTAINS 4,167 SQUARE FEET, MORE OR LESS. NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASED ON RECORD DATA ON RECORD OF SURVEY MAP NO. 16469. PREPARED BY: °w NO3373o ���f� ' �o-*s, cIVIV WILLIAM YED , RCE 33730 SOF COX EXHIBIT 'B' PAGE 1 OF 1 BRUSH MANAGEMENT EASEMENT FOR APN 321-270-78 ON APN 321-270-68 0 \Pl\1 32 J-270-66 w J LAND TO THAIER GORIAL PER DOC# 2000-0156127 O.R. N RECD. 3-28-2005 cQ R=100.00' BRUSH MANAGMENT EASEMENT\ L '- A=55'05'47" FOR APN 321-270-78 011 L=96.16' 1 w / R=100.00' C1)/ L=31'38'22" N L=55.22' 0 c2 1 Z C1 190.42' / N89'16'43"W 626.11' 31 �Igl fit°- \0. MI zI Z N Z r\Pl\J `32J 27rJ�7c3 QaOFESS/0H MC, q� V 2c Z CURVE DATA z NO 33730 z -------------------------- Cl: R=100.00', DLT=21'50'18", L=38.12' C2: R=100.00', DLT=9'02'07", L=15.77' sr�� lvk F��P NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASEDL/'�"���' ON RECORD DATA ON RECORD OF SURVEY MAP NO. 16469 \ENGR\WO1705\MDRA LOT8\FUELMANAGEMENTESMT\GORIALESMT\GORIALFUELESMT.DWG Brush Management Easement Page 2 3. Grantee shall maintain the Easement area in accordance with criteria set forth under the approved vegetation 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. 4. 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 management no longer exists within the Vegetation Management Zone. Said determination shall be evidenced by a duly recorded Notice of Termination. In witness whereof, the undersigned have executed this Agreement. Grantor: Thaier Gorial r Thaier Gorial, Grantor Date: / Grantee: EGN Holdings, LLC, A Limited Liability Company By: Norris Family Trust Its: Member Elwood G. Norris, Trustee Date: 1 ' 14 " t Robeff J. Manid' " \/ Director of Development Services Date: 7,11 I I' / "maj,,'� ftephlanie Ar�ne Norris, Trustee Date: Approved as to Form Office of the City Attorney Alan Fenstermacher City Attorney Date: �l i n 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 SivNJ Dire b } On To q oq —r� before me, 'J Q6 CAJE 6 S,�)1-) NtfF- t 'j P� It -1 'L ere rose neme an a Ieo ice personally appeared I+-IAie4 1SsA Cuern(_ who proved to me on the basis of satisfactory evidence to be the person(64 whose name(s) is/aFe subscribed to the within instrument and acknowledged to me that she/they executed the same i is er/their authorized capacity(i*, and that by I her/their signature(a) on the instrument the person(s), or the entity upon behalf of which the persons 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. 9 ":••: ^ INDERJEET SINGH S COMM. #2240757 a tl Y: NOTARY PUBLIC -CALIFORNIA WITNESS nd and official seal. SAN DIEGO COUNTY My Comm. Expires APRIL 3Q 2022 Notary Public S llin ur (Notary Public Seal) OF THE ATTACHED DOCUMENT (Tde or description of allached document continued) Number of Pages -�-- Document Date oS ) F CAPACITY CLAIMED BY THE SIGNER ,L2" Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version ww .NotaryClasses.com 800-873-9855 INSTRUCTIONS FOR COMPLETING THIS FORM J Thisform complies with current California statutes regarding notary wording and 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 law. • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment • 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 commission followed by a comma and than your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect foams (i.e. hatshaAhey is )ase) or circling the correct forms. 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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 Cali nia County of J On �ra before me,"""�`�v / t Date ) Here Insert Name Titl of the Office personally appeared !/ Names) of Signer(s) /VG-l-nS' 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. JANANE MILLER Notary Public - California c San Diego County Commission S 2186633 z My Comm. Expires Apr 11.2021 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS nd aofficial seal. Signature Signature of Notary Public 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: 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 of Conservator ❑ Other: Signer is Representing: 02017 National Notary Association NumberofPages: Signer's Name: _ ❑ Corporate Officer — ❑ Partner— ❑ Limiter ❑ Individual ❑ Trustee ❑ Other: Title(s): 1 ❑ General ❑ Attorney in Fact ❑ Guardian of Conservator Signer is Representing: 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 San Di On Q ran I before me, Yvonne Mannion Notary Public Date Here Insert Name and Title of the Officer personally appeared T. Xaqi S Names) 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. YVONNE MANNION Notary Public- California € San Diego County£ Commission 0 2201766 My Comm. Expires Jun 18, 2021 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature vOk'„t_ 4^&;,, CPli 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: Signer(s) Other Than Named Above: Capacity(les) 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: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator F] Other: Signer Is Representing: 02016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907