Vegetation Management Easement 2011-0382288D O C # 2011- 0382280
RECORDING REQUESTED BY )
JUL 27, 2011 4:35 PM
CITY OF POWAY ) OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
WHEN RECORDED MAIL TO: ) Ernest J. Droroenburg, Jr., COUNTY RECORD
) . ;'' FEES: 46.00 WAYS:
CITY CLERK , oc: Na PAGES: 6
P I BOX 789 AY
POWAY CA 92074 -0789 ) �I�IIIII�III��III��I�Il11N��II���II�N
1 l 9 2 - -- _ --
(This space for Recorder's Use)
APN: 321- 220 -08NAR 10 -03 and MDRA 10 -26
VEGETATION MANAGEMENT EASEMENT
This Vegetation Management Easement (EASEMENT) is entered into and is effective as
of MA �/ . ° ftk? , 2011, by and between Henry Soffer (Grantor) and New Pointe
Investment 6. LLC (Grantee), and the City of Poway.
Whereas, Grantor is the owner of the property located at 14896 Golden Sunset Court,
APN 321 - 220 -08, legally described as Parcel 1 of Parcel Map 10313, in the City of Poway, County of
San Diego, State of California, according to map thereof filed in the office of the County Recorder,
August 7, 1980; and
Whereas, Grantee is the owner of the adjacent property located at 14874 Golden Sunset
Court, APN 321 - 220 -09, legally described as Parcel 2 of Parcel Map 10313, in the City of Poway,
County of San Diego, State of California,, according .to map thereof filed in the office of the County
Recorder, August 7, 1980; 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 tiled 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. Grantor does hereby grant unto Grantee a perpetual. 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)
) 1 -090
1
Brush Management Easement l 31.9 3
Page 2
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. Grantor provides to Grantee, and /or assigns, the right to access the EASEMENT area for the
purpose of removing brush and landscaping, 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.
Henry Soffer (notarize)
Grantor
Ne Pointe 1 ment 6, LLC (notarize)
Grantee 4 5c vT C •
R bert J. Manis( (notarize)
D rector of Development Services
Approved as to Form
Office of the City Attorney
94 . 411�
Morg n L. ofey
Date
Date
YJ 28' /
Date
2.G • Ad-tL j L 1
Date
M: \planning\cmr\mdra\mdra 10 -26 new pointe \vegetation easement
1 3194
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of QZ)IjE�6 O ) /
On I L before me, r � %LL! S -fHJAI r/. j46C V L fC_ ,
Dat Here Iriser Name and Title oYthe Officer
personally appeared ,�
Names) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the personN whose named is/ke subscribed to the
within instrument and acknowledged to me that
he /We/tty executed the same in his/WA4* authorized
capacity(W, and that by his/IIWIrftta it signature(Q on the
instrument the personO, or the entity upon behalf of
�,� , which the person( acted, executed the instrument.
PHYLLIS SHINN
Commis3lon # 1778898 I certify under PENALTY OF PERJURY under the laws
•'+ Notary Public - California of the State of California that the foregoing paragraph is
Son Diego County
Comm. NW 9 2011 true and correct.
WITNESS my hand nind official seal.
Signature �9'a�y
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: �/�iC 14- Zo , Z 0// Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
❑ Individual
❑ Individual
• Corporate Officer — Title(s):
❑ Corporate Officer — Title(s):
• Partner — ❑ Limited ❑ General
❑ Partner — ❑ Limited ❑ General
• Attorney in Fact
��•
❑ Attorney in Fact
❑ Trustee
Top of thumb here
❑ Trustee
Top of thumb here
❑ Guardian or Conservator
Q Guardian or Conservator
❑ Other:
❑ Other:
Signer Is Representing:
Signer Is Representing:
02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 • www.NationalN Item #5907 Reorder. Call Toif -Free 1- 800. 8766827
13195
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
,.,
State of California
County of ..>1 �
�[(� �� 1
On ��19y/o, �� /� before me, �TT / L L /f S kl pw C_ ,
Date / Here Insert Name and Tide of the Officer
personally appeared
PHYIIIS SHINN
Commission 1778 Sts
Notary Public - California
Son Diego County
C0=.B IfWNoV9,2011
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) ,/are subscribed to the
within instrument and acknowledged to me that
/ /they executed the same in % Nr/their authorized
capacity(ies), and that by Wf*r /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.
WITNESS my han nd official seal.
Signature
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
C
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
OF SIGNER
o - :1.:
13196
EXHIBIT "fit"
LEGAL DESCRIPTION
THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 10313 IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAID SAN DIEGO COUNTY AUGUST 7, 1980, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG THE
SOUTHERLY LINE THEREOF SOUTH 79 0 40'28" EAST, 167.00 FEET TO THE TRUE POINT
OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE NORTH 1W19'32" EAST, 78.00
FEET; THENCE SOUTH 66 °00'00" EAST, 50.00 FEET; THENCE SOUTH 39 °40'00" EAST,
50.00 FEET; THENCE SOUTH 11 °00'00" EAST, 36.00 FEET TO A POINT ON SAID
SOUTHERLY LINE OF PARCEL 1; THENCE ALONG SAID SOUTHERLY LINE NORTH
79 °40'28" WEST, 102.00 FEET TO THE TRUE POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.132 ACRES OR 5,755
SQUARE FEET, MORE OR LESS.
DOUGLAS/B. STR P P.L.S. 8553
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 1 OF 1
:ML M:\2606\23U.egal DescriptionW01 fuel Mod cation Esmt.docx
WO 2606 -23 2/10/11
EXHIBIT "B"
SHEET 1 OF 1
EASEMENT FOR PIPELINE OR PIPELINES 1 1 1 13i9 1 1 1 l
AND INCIDENTAL PURPOSES TO CITY OF
POWAY PER DOC. REC. 8/3/04 AS 1 1 1 RA RCE - 1 3
\ DOC. NO. 2004- 0732533, O.R.
►1
aQ
%" /
PROPOSED 60'--'
PRIVATE ROAD
EASEMENT PER fr
PM 10313. >� �
T.P.O.B.
RI/]R,( 1
N39 40 0 NI ( :/
50.00
1 io
EASEMENT FOR ROAD
v i AND INCIDENTAL
i 1 PURPOSES TO DONALD
E. ENGELHARDT AND
EVELYN L ENGELHARDT
PER DOC. REC.
1 \ 1 411 V 1955 IN BOOK
5599, PAGE 320, O.R.
No
\
\
103
t /
/ EASEMENT FOR ROAD AND PUBLIC —`
/ UTILITY AND INCIDENTAL PURPOSES TO
DONALD E. ENGELHARDT AND EVELYN L
/ ENGELHARDT PER DOC. REC. 311 V1960
/ AS DOC. NO. 50710, O.R.
LEGEND
INDICATES EASEMENT
P 0. C. �� F771 AREA = 0.132 AC. (5,755 SO. FT.)
SW COR 1
I
PCL 1 ,,* P.O.C. INDICATES POINT OF COMMENCEMENT
T p,O.B INDICATES TRUE POINT OF BEGINNING
0 40 80 120
SCALE 1 "= 40'
HUNSAUR
& ASSOCIATES
SAN DIEGO, INC 7 +�
PUNNING 9707 Wa* street
ENGINEERING San Ca 92M DOUGLAS . STkOUPI L.S. 8553
SuRVEYM PH M)S. &4500- FX(M)5W1414
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