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Covenant of Property Merger 2004-0538050 . DOC. 2004-0538050 RECORDING REQUESTED BY ) . ) @ CITY OF POWAY ) JUN 09. 2004 8:57 AM ) OFFICIAL RECORDS $r AND WHEN RECORDED MAIL TO' ) SAN DIEGO COUNTY RECORDER'S OFFICE ) GREGORY J. SMITH, COUNTY RECORDER CITY GLERK ) FEES: 26.00 CITY OF POWAY ) POBOX 789 ) POWAY, CA 92074 ) ) No. transfer tax due ) (This space for Recorder's use only) APNs: 317-224-02,03, and 04 COVENANT OF PROPERTY MERGER (Government Code Section 66499.20 %) M 04-01 The undersigned hereby covenant and agree for themselves, their heirs, successors, assigns, and legal representatives, that all of the following described real property in the City of Poway shall be held under common ownership and be considered as a separate single parcel, and that no part thereof, less than the whole thereof, will be sold, disposed of, or in any way divided or hypothecated for any purposewhatsoever, unless such division or hypothecation is done in accordance with the State Subdivision Map Act, other applicable State law, and the provisions of the Poway City Codes, The properties merged hereby are described as: SEE ATTACHED LEGAL DESCRIPTION MARKED EXHIBIT "A" . . SEE ATTACHED PLAT MARKED EXHIBIT "B" This Covenant of Property Merger shall be binding upon the undersigned, their heirs, successors, assigns, legal representatives, and administrators of the undersigned, and is hereby expressly declared to be for the benefit of and enforceable by the City of Poway Executed this 24th day of May ,2004 OWNER: Pomerado Properties, L,P , A California Lirnited Com n By: Techbil ByV au Its By Its I M:\engserv\eng forms\Merger Coven<lnts\M 04-01\covenant.doc OLl-O~ 2. .' . CALIFORNIA. ALL.~URPOSEACKNOWLEDGMEN:r ~~ -.- -.--,,-. . - ~ ~-- State of Califorpia. County of SaIl .Df'ego On May 24, 2004 before me, Susan E, Eubank, Notary Public Date Name and Title 01 Officer (e.g., "Jane Doe, Nolary Public") personally:appeared P.::llll K 'T'rn::lng Name(s) 01 Sig~er(~) o personally, known to me - OR - Dproved 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/theira~thorized capacity(ies), and that by, his/her/their signature(s) on the instrumentthe person(s), - -: , " or the entity upo~ behalf of which the person(s) acted, executed the instrument. ~ - - - '- ~ ~ - - - - - ..... - -r WITNESS my haf1dand official seal. ,! . SUSANE. EUBANK o . COMM. # 1394222 ;!i: J1~~/1d~ l'J ". NOTARYPU8LICCALIFORNlACJ ~ .' SAN DIE:GO COUNlY' g J _ . _ _ ~O~M.:. E~.!E~. :.3'3O~7... OPTIONAL " Though the information below is not-required'by1aw,Jt rnayprove valuable'to persons relying on the document and could prevent fraudulent removElIand~/eEittachment of this fomi.to t;nother, document. Description of Attached Document Title or Type of Document: Covenant of Property Merge"". Pom~rado 'Proper~ies. Lots 19, 20 and 21 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Paul K. Tch'ang Signer's Name: o Individual CJ Individual o Corporate.0fficer o CorporaleOfficer Title(s): Etesident Title(s): o Partner - D'Cimited' 0 Gemeral o Partner - 0 Limited 0 General o Attorney.in'Fact o Attorney-in.Fact o Trustee o Trustee o Guardian or Conservator o Guardian or Conservator o Other' Top of thumb here o Other' Top of thumb here Signer is Representing: Signer Is Representing: C 1994"Natiooar' Notary Assoclafum._ 6236 Rernme\ Ave::p',o. Box 7;184 . Canoga Park, CA 91309-7,184 PrOd. No. 5907 Reorder: Call'TolI-Free'1 ~BOO-ll:76-e827' . . CITY OF POWAY APPROVAL OF PROPERTY MERGER 03-01 Pursuant to the provisions of Section 16.22 of the City of Poway Municipal Code and Section 66499.20 3/4 of the Subdivision Map Act as amended January 1, 1998, the foregoing described property merger is hereby approved The descriptions above have been provided by the property owner, and neither the City of Poway, nor any of its officers or employees, assume responsibility for the accuracy of said descriptions J i Siminou, PE ity Engineer RCE 37480 Expires June 30, 2004 APPROVED AS TO FORM: ~ T mara Smith City Attorney M:\engserv\eng forms\Merger Covenants\M 03.01\Appr of merger.doc . , . EXHIBIT "A" LEGAL DESCRIPTION M-04-01- LOTS 19, 20 AND 21 OF CITY OF POWAY TRACT NO 85-04 UNIT I, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 11742, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 9, 1987, DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 21, SAID CORNER BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF STOWE DRIVE (6500 FEET WIDE), THENCE ALONG SAID NORTHERLY RIGHT-OF- WAY LINE, BEING THE SOUTHERLY LINE OF SAID LOTS 19, 20 AND 21, NORTH 76000'00" EAST 30973 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1432.50 FEET, THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3052'34" A DISTANCE OF 96.91 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY, NORTHWESTERLY AND WESTERLY HAVING A RADIUS OF 2950 FEET, SAID CURVE BEING ON THE WESTERLY RIGHT- OF-WAY LINE OF BROOKPRINTER PLACE, THENCE LEAVING SAID RIGHT- OF-WAY LINE OF STOWE DRIVE, EASTERLY, NORTHEASTERLY AND NORTHERLY ALONG SAID CURVE AND SAID RIGHT-OF-WAY LINE OF BROOKPRINTER PLACE THROUGH A CENTRAL ANGLE OF 87"53'00" A DISTANCE OF 45.25 FEET, THENCE NORTH 8000'26" WEST 12408 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY, SOUTHWESTERLY AND SOUTHERLY HAVING A RADIUS OF 2950 FEET, THENCE NORTHERLY, NORTHWESTERLY AND WESTERLY ALONG SAID CURVE AND SAID RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 91057'04" A DISTANCE OF 4734 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF BROOKPRINTER PLACE (49 00 FEET WIDE), BEING THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 161550 FEET, THENCE WESTERLY ALONG SAID CURVE AND SAID SOUTHERLY RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 4002'30" A DISTANCE OF 113.96 FEET, THENCE SOUTH 76000'00" WEST 11436 FEET TO THE BEGINNING OF A CURVE AT THE RIGHT-OF-WAY LINE OF THE WESTERLY CUL-DE-SAC OF BROOKPRINTER PLACE CONCAVE SOUTHERLY AND SOUTHEASTERLY HAVING A RADIUS OF 29 50 FEET, THENCE WESTERLY AND SOUTHWESTERLY ALONG SAID , CURVE THROUGH A CENTRAL ANGLE OF 50033'30" A DISTANCE OF 26 03 , FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE Page 1 of 2 . . NORTHWESTERLY, NORTHERLY, NORTI;lEASTERL Y AND EASTERLY HAVING A RADIUS OF 55,50 FEET, THENCE SOUTHWESTERLY, WESTERLY, NORTHWESTERLY AND N0RTHERL Y ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 139053:45" A DISTANCE OF 135 51 FEET, THENCE LEAVING SAID CURVE AND SAID CUL-DE-SAC RIGHT-Of-WAY LINE SOUTH 75020'15" WEST 74.24 FEET TO THE NORTHWEST CORNER OF SAID LOT 21, THENCE ALONG THE WESTERLY LINE OF SAID LOT 21, . . SOUTH 14000'00" EAST 20600 FEET TO THE POINT OF BEGINNING. AS. MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO ~ AND BY THIS REFERENCE MADE A PART HEREOF K..,. /~ RAMON J SPEAR LS # 6404 EXPIRATION DATE, 12/31/2006 Page 2 of 2 . . EXHIBIT B PAGE 1 OF 2 M 04-01 LEGAL DESCRIPTION APPLICANT LOTS 19, 20 AND 21 OF CITY OF POWAY PAUL K, TCHANG TRACT NO, 85-04 UNIT 1, MAP NO, 11742, POBOX 80036 IN THE CITY OF POWAY, COUNTY OF SAN SAN DIEGO, CA 92138 DIEGO, STATE OF CALIFORNIA, (619) 223-1663 OWNER POMERADO PROPERTIES, L,P A CALIFORNIA LIMITED PARTNERSHIP BY, TECHBIL T CONSTRUCTION CORP P,O, BOX 80036 SAN DIEGO, CA 92138 (619) 223-1 PAUL K, PREP ARED BY SPEAR &. ASSOCIATES, .INC, 750 N, CITRACADO PKWY., STE, 2 ESCONDIDO, CA 92029 (760) 737-7272 P<1iIAY K- ~ 1 @ ~ RAMON J. SPEAR, L,S. 6404 ! ~ VICINITY MAP NO SCALE T,8;M. 1190, E-6 REVISED BY CITY OF POWAY CALE DRAWN. BY TEP ATE. 2/10/2004 EF CHECKED BY RJS ATE. LOT CONSOLIDATION PLAT AONG NO. APPRO\ro BY - . . PAGE 2 OF 2 EXHIBIT 8 ~ M 04-01 SCALE 1 "=80' EASEMENTS -N- I @ CITY Of POWAY PUBLIC UTILITY EASEMENT DEDICATED PER MAP NO. 11742 @ CITY Of POWAY SEWER AND DRAINAGE EASEMENT DEDICATED PER MAP NO. 11742 @ PACIFIC BELL EASEMENT REC. 9/15/1987 AS INSTRUMENT NO, 87-522311 O,R. @ SDG&E EASEMENT REC, 9/18/1987 AS INSTRUMENT NO, 87-530545 O,R, @ CITY Of POWAY RIGHT OF WAY EASEMENT REC. 6/21/1988 ,AS INSTRUMENT NO. 88-296318 AND 3/3/1989 AS INSTRUMENT NO. 89-111208 BOTH OF O.R. 9 ~ \\142- \9 V1 30' ~ "'" 0 0. 0 o. '" e ~ a> '0 0_ - P,O,B. - S, W, COR,_ LINE DELTA RADIUS ARC LOT 21 - C1 122'03'29" 55.50' 118.23' C2 17'50'16" 55.50' 17,28' C3 50'33' 30" 29,50' 26,03' C4 4'02'30" 1615.50' 113.96' C5 91'57'04" 29.50' 47.34' C6 87'53'00" 29,50' 45.25' C7 139'53' 45" 55,50' 135,51' C8 3'52' 34" 1432,50' 96,91' REVISED BY ATE CITY OF POWAY CALE 1"-80' DRAWN BY TEP AlE 2/10/2004 EF CHECKED BY RJS ATE LOT CONSOLIDATION PLAT ACING NO. APPROVED BY ATE