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Vegetation Management Easement 2020-0123279DOC# 2020-0123279 RECORDING REQUESTED BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074-0789 III I IIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIII III Mar 10, 2020 12:02 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $188.00 (SB2 Atkins: $150.00) PAGES: 9 (This space for Recorder's Use) APN: 321-270-95 M D RA: 18-035 VEGETATION MANAGEMENT EASEMENT A r SFAQ - rA a s O This Vegetation Management Easement is entered into and is effective as of ? '�� �... w , by and between EGN Holdings, LLC (Grantor) and Sasson Brumond (Grantee) and the City of Poway. Whereas, Grantor is the owner of the property located at 14091 Murel Trail, Poway, CA 92064, APN 321-270-95 , and legally described as Lot 1 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 14095 Murel Trail, Poway, CA 92064, APN 321-270-93, and legally described as Lot 2 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 Covenant To Grant An Easement between Grantor and Grantee recorded in the Official Records of the San Diego County Recorder on May 2, 2018 as Document No. 2018-0175329, which obligations are Vegetation Management Easement Page 2 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 Covenant To Grant An Easement between Grantor and Grantee recorded in the Official Records of the San Diego County Recorder on May 2, 2018 as Document No. 2018-0175329, 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: Its: Norris Family 1997 Trust Member N1() 9,C('V5 Elwood G. Norris, Trustee ) Date Grantee: Sasson Brumond v 2-,3 z.L.A. Sasson Bru , dnd Date 9 /04 phanie Anne Norris, Trustee Date (Signatures must me notarized) 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 Diego On February 13, 2020 before me, Date personally appeared Yvonne Mannion Notary Public Here Insert Name and Title of the Officer Elwood G.-Norris and Stephanie Anne Norris Name(s) 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. z YVONNE MANNION Notary Public - California San Diego County Commission # 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 OPTIONAL 147 Ajavvyi Signature of Notary Public 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: Vegetation Management Easement MDRA18-035 Document Date: 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): ❑ Partner — ❑ Limited ❑ General 0 Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: •vr,:ra�:crwr�urvrcvr ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ 'Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 i 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 Diego On February 13, 2020 before me, Yvonne Mannion Notary Public Date Here Insert Name and Title of the Officer personally appeared Sasson Brumond Name(s) 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. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. YVONNE MANNION Notary Public - California San Diego County Commission # 2201766 My Comm. Expires Jun 18, 2021 Place Notary Seal Above WITNESS my hand andofficial seal. Signature � 5/�n.a� k' ansa;u a3 OPTIONAL Signature of Notary Public 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: Vegetation Management Easement MDRA18-035 Document Date: Number of Pages: 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: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Vegetation Management Easement Page 2 City of Poway Rob:: rt J. Mani Director of Development Se es Approved as to Form Office othe City Attorney Alan Fenstermacher City Attorney 0 Date Z /(s,'2o Date z 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 Diego On February 13, 2020 before me, Yvonne Mannion Notary Public Date Here Insert Name and Title of the Officer personally appeared Robert J. Manis Name(s) 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. YVONNE MANNION Notary Public - California San Diego County Commission # 2201766 My Comm. Expires Jun 18, 2021 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL &VA Signature of Notary Public 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: Vegetation Management Easement - MDRA18-035 Document Date: Number of Pages: 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: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" LEGAL DESCRIPTION FOR APN 321-270-93-00 ON APN 321-270-95-00 THAT PORTION OF LOT 1 OF CITY OF POWAY TRACT 01-03, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 14940, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 29, 2004, AS FILE NO. 2004-1223604 OF OFFICIAL RECORDS, MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1, THENCE ALONG THE EAST LINE OF SAID LOT 1, NORTH 7° 49' 20" EAST 257.30 FEET TO THE TRUE POINT OF BEGINNING, ALSO BEING THE BEGINNING OFA NON -TANGENT 100.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, THE RADIAL LINE BEING TO SAID BEGINNING OF CURVE BEARS SOUTH 55° 19' 54" WEST FROM THE CENTER OF SAID CURVE; THENCE LEAVING SAID EAST LINE AND CLOCKWISE ALONG SAID CURVE THROUGH AN ANGLE OF 25° 15' 49", AN ARC DISTANCE OF 44.09 FEET, TO THE BEGINNING OF A NON -TANGENT 100.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, THE RADIAL LINE BEING TO SAID BEGINNING OF CURVE BEARS SOUTH 69° 24' 17" WEST FROM THE CENTER OF SAID CURVE; THENCE CLOCKWISE ALONG SAID CURVE THROUGH AN ANGLE OF 4° 05' 48", AN ARC DISTANCE OF 7.15 FEET, TO THE BEGINNING OF A NON -TANGENT 100.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, THE RADIAL LINE BEING TO SAID BEGINNING OF CURVE BEARS SOUTH 49° 46' 42" WEST FROM THE CENTER OF SAID CURVE; THENCE CLOCKWISE ALONG SAID CURVE THROUGH AN ANGLE OF 34° 32' 06", AN ARC DISTANCE OF 60.28 FEET, TO THE BEGINNING OF A NON - TANGENT 100.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, THE RADIAL LINE BEING TO SAID BEGINNING OF CURVE BEARS SOUTH 65° 41' 11" WEST FROM THE CENTER OF SAID CURVE; THENCE CLOCKWISE ALONG SAID CURVE THROUGH AN ANGLE OF 105° 04' 09", AN ARC DISTANCE OF 183.38 FEET TO A POINT ON SAID EAST LINE OF LOT 1, THENCE, 244.14 FEET TO THE TRUE POINT OF BEGINNING. ATTACHED HERETO IS A DRAWING LABELED EXHIBIT "B" AND BY THIS REFERENCE MADE A PART HEREOF. THE ABOVE DESCRIBED AREA CONTAINS 11,317.7 SQU E FET (0.260 ACRES) MORE OR LESS. \ \e/AD) vrf/190904 1 ` GRAPHIC g�CALE 120 ( IN FEET 1 inch = 60 ft R=100.00' DELTA: 10504'9" L=183.38' R=100.00' DELTA: 34'32'06" .35'43"w(R) ''� L=60.2 S80 te(Pq; R=100.00' Sb`gr S8418'48"W(R '1'\"\N° S65;tt DELTA: 4'05'48" S‘, optk R=100.00' c-)/5i DELTA: 25'15'49" L=44.09' SE COR LOT 1 EXHIBIT 'B' BRUSH MANAGEMENT EASEMENT FOR APN 321-270-93 ON APN 321-270-95 APN 321 -270---95 MAP 14940 LOT 1 of I 0 I C\2 M 0. M0 N N NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASED ON RECORD DATA PER MAP 14940 w V 0 190902A BrumandTraverseReportvRF.txt VICTOR RODRIGUEZ-FERNANDEZ, PE engineervictorrf@aol.com PH: (760) 357-2434 TRAVERSE REPORT OF APN 321-270-95 09/02/2019 North: 3267.3398' East: 56709.1338' Segment #1 : Line Course: S07° 49' 20"w Length: 244.14' North: 3025.4755' East: 56675.9066' Segment #2 : Curve Length: 44.09' Radius: 100.00' Delta: 25° 15' 49" Tangent: 22.41' Chord: 43.74' Course: N22° 02' 12"w Course In: N55° 19' 54"E Course Out: S80° 35' 43"w RP North: 3082.3580' East: 56758.1525' End North: 3066.0173' East: 56659.4966' Segment #3 : Curve Length: 7.15' Radius: 100.00' Delta: 04° 05' 48" Tangent: 3.58' Chord: 7.15' Course: N18° 32' 49"w Course In: N69° 24' 17"E Course Out: S73° 30' 05"w RP North: 3101.1937' East: 56753.1055' End North: 3072.7941' East: 56657.2229' Segment #4 : Curve Length: 60.28' Radius: 100.00' Delta: 34° 32' 06" Tangent: 31.09' Chord: 59.37' Course: N22° 57' 15"w Course In: N49° 46' 42"E Course Out: S84° 18' 48"w RP North: 3137.3744' East: 56733.5851' End North: 3127.4648' East: 56634.0682' Segment #5 Curve Length: 183.38' Radius: 100.00' Delta: 105° 04' 09" Tangent: 130.49' Chord: 158.744' Course: N28° 13' 15"E Course In: N65° 41' 11"E Course Out: N09° 14' 40"w RP North: 3168.6380' East: 56725.1987' End North: 3267.3391' East: 56709.1338' Perimeter: 539.04' Error Closure: Error North: Area: 11317.67 Sq. Ft. = 0.260 Ac. 0.0007 Course: SOO° 55' 15"E -0.00071 East: 0.00001 Precision 1: 733052.857 Page 1