Vegetation Management Easement 2018-0403649RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P 0 BOX 789
POWAY CA 92074-0789
APN: 321-270-78 and APN 321-270-77
Project Number: Minor Development Review Application 17-016
DOC# 2018-0403649
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Sep 27, 2018 01:07 PM
OFFICIAL RECORDS
Ernest J. Dronenburg,Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $179.00 (SB2 Atkins: $150.00)
PAGES: 6
(This space for Recorder's Use)
VEGETATION MANAGEMENT EASEMENT
-t('AnsFer TRX )S ..au
This Veget tion Management Easement is entered into and is effective as of
%i'41Ls� I V , 2018, by and between EGN Holdings LLC (Grantor) and Frank E.
Rafail ar6d Diane Rafail (Grantee).
Whereas, Grantor is the owner of the property located at 14102 Murel Trails, Poway, CA 92064,
APN 321-270-78 and legally described as Lot 8 of City of Poway Tract 01-03, in the City of Poway,
County of San Diego, State of California, according to Map thereof No. 1940, filed in the office of the
County Recorder of San Diego County, December 29, 2004, (Grantor's property); and
Whereas, Grantee is the owner of the property located at 14126 Mural Trails, Poway, CA 92064,
APN 321-270-77 and legally described as Lot 7 of City of Poway Tract 01-03, in the City of Poway.
County of San Diego, State of California, according to Map thereof No. 1940, filed in the office of the
County Recorder of San Diego County, December 29, 2004, (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 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 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 hereby grants 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
Page 2
City of Poway Safety Services Department to protect Grantees residence, ancillary
structures, and other improvements from potential fires.
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: EGN Holdings, LLC, A Limited Liability Company
By: Norris Family Trust
Its: Member
sao QT' Nv t eRr
Elwood G. Norris, Trustee
Date: 3— 14-^ I
Grantee: Frank E. Rafail and Diane Rafail
Rafail, Grantee
Date:
1�
� � aft �'L� .I rV
Date: -4
Leak Q
Diane Rafail, Gra tee
Date: T—N-1 Y
Approved as to Form
Office of the City Attorney
Alan Fenstermacher
City Attorney
Date: `6"21'
CALIFORAIA ALL-PIRPOSE 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 Diego
On Hu60t.(: t,a.o l& before me, Yvonne Mannion Notary Public
Date Here Insert Name and Title of the Officer
personally appeared LLAxs d 6� nprriS - n.Ad CUeO%v6ln'2 Opne OorriS
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(sDwhose name(s) is are
subscrib,ekto the within instrument and acknowledged to me that he/she4j executed the same In
his/her/ ei uthorized capacity(ies), and that by his/her hei signaturefoon the instrument the persoll(_js
or the entity upon behalf of which the person(s) acted, executed the instrument.
YVONNE MANNION
Notary Public - California
San Diego County
Commission F 2201766
My Comm. Expires Jun 18, 2021
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 my hand and official seal.
Signature m : J,.
Signature of Notary Public
CN3/C0Id/T111
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(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:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
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 San Diego )
On TuIgWSt- 14 Ao I t before me, Yvonne Mannion Notary Public
Date Here Insert Name and Title of the Officer
personally appeared T(AnIC E. ZAFA:L AAd DiAl1B 12AFa;L
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the perso s whose name(gpis are
subscribed to the within instrume t and acknowledged to me that he/she/0g >xecuted the same in
his/her/ ei authorized capacit ies , and that by his/her/f)_ie�signature(oon the instrument the person&
or the e-nVry upon behalf of which the perso (s) cted, executed the instrument.
YVONNE MANNION
Notary Public - California
San Diego County
Commission t 2201766
My Comm. Expires Jun 18. 2021
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 my hand and official seal.
Signature oL m n: o.J
Signature of Notary Public
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(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:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02016 National Notary Association - www.Nationa]Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
EXHIBIT A
BRUSH MANAGEMENT EASEMENT LEGAL DESCRIPTION
FOR APN 321-270-77 ON APN 321-270-78
A PORTION OF LOT 8 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:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 8; THENCE ALONG THE
EAST LINE OF SAID LOT 8 SOUTH 7008'50" WEST, 58.73 FEET TO THE BEGINNING OF
A NONTANGENT 100.00 FEET RADIUS CURVE CONCAVE NORTHEASTERLY, THE
RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH 80°21'34" WEST FROM
THE CENTER OF SAID CURVE; THENCE LEAVING SAID EAST LINE, AND
CLOCKWISE ALONG SAID CURVE THROUGH AN ANGLE OF 7041'09", A DISTANCE
OF 13.41 FEET; THENCE TANGENT TO SAID CURVE NORTH 1°57'16" WEST, 10.00
FEET TO THE BEGINNING OF A TANGENT 100.00 FEET RADIUS CURVE CONCAVE
EASTERLY; THENCE CLOCKWISE ALONG SAID CURVE THROUGH AN ANGLE OF
20°20'28", A DISTANCE OF 35.50 FEET TO A POINT ON THE NORTH LINE OF SAID LOT
8; THENCE ALONG SAID NORTH LINE SOUTH 89°49'03" EAST, 3.96 FEET TO THE
POINT OF BEGINNING.
CONTAINS: 247 SQUARE FEET, MORE OR LESS.
NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASED ON RECORD DATA ON
MAP NO. 14940.
EXHIBIT'B'
BRUSH MANAGEMENT EASEMENT
FOR APN 321-270-77 ON APN 321-270-78
0
N
II
W
J
Q
U
V) L2 P.O.B
--- �v
R=100.00'
A=20'20'28
L=35.50'
BRUSH MANAGEMENT -
EASEMENT FOR
APN 321-270-77
r
R=100.00'
A=7'41'09"
LOT 8 L=13.41'
IIT, /_1,no] mMORI]
APN 321-270-78
I
P
ROFESS1pN
\P�
NO 33730
M
n
13
588'02'44"W(R)
00------
0
r�
1580'21' 34"w(R)
LOT 7
MAP NO. 14940
APN 32-1-.270-77
LINE DATA
---------------
L1: N1'57'16"W 10.00'
1-2: S89'49'03"E 3.96'
PAGE 1 OF 1
NOTE: BOUNDARY BEARINGS AND DISTANCES
ARE BASED ON RECORD DATA ON MAP NO. 14940