Amended and Restated Covenant of Property Merger 2008-0496098
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.-' i . . olfl # 2008-0496098
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SEP 18, 2008 3'09 PM 1
RECORDING REQUESTED BY 1 OFFIClp,L F:ECORD'"
',AI'I ['IEGO COUNT', RECCiFI[JER'~, riFFICE
CITY OF POWAY GFIEGOR', ,I SMITH COUIH, F:ECOR['ER
FEE": 000
PAGES: 13
WHEN RECORDED MAIL TO' ','b
111111111111111111111111I111111111111111111111I111111111I11111111111111I11111111
CITYCLERK \3P
CITYOFPOWAY
POBOX 789 Nf
POWAY, CA 92074
APNs: 314-213-18, 314-213-19, 314'213-20, 314-213-21
AMENDED AND RESTATED COVENANT OF PROPERTY MERGER
(Government Code Section 66499.20%)
M 07-01
\
THIS AMENDED AND RESTATED COVENANT OF PROPERTY MERGER ("Amended
Covenant of Merger") is executed by the REDEVELOPMENT AGENCY FOR THE CITY OF POWAY
("Agency") and CITY OF POWAY ("City") with reference to the following
RECITALS
A. Agency is the owner of certain real property located in the City of Poway, compris~d of
three (3) legal lots referred to herein 'as "Parcel A", "Parcel B" and "Parcel C", and more particularly
described on Exhibits "1", "2" and "3" attached hereto. Parcels A, Band C are shown graphically on
Exhibit "4" attached hereto.
B. Agency ana City previously executed that certain Covenant of Property Merger
(Government Code Section66199:20%), M 07'01, that was recorded April 17, 2007 as Document No.
2007-0260422 ("Original Covenantof Merger"). The purpose of the Original Covenant of Merger,was to
effect three (3) distinct lot consolidations, whereby three (3) smaUer lots were each separately merged ~
into a larger lot located immediately west of each respective smaller lot, resulting in a total of three (3)
legal lots,
B. The boundaries.gf the three (3) lots established by the Original Covenant of Merger were
subsequently adjusted pursuant to that .certain,Boundary Adjustment, Certificate of Compliance; BA No,
070,1, that was recorded July'S, 2008. as Document No. 2008,0365250 and re-recorded September ~,
2008 as Document No. 2008- Olf'HlO2.o. ("Boundary Adjustment"),
C This Amended Covenant of Merger. is being, recorded to clarify that the Original Covenant
of Merger effected three (3) separate lot consolidations and that the requirement to hold the resulting
consolidated ~ots :under common ownership was intended to apply to each of the newly created 'lots
individually rather than collectively to aU three (3) lots,
NOW, THEREFORE, the undersigned hereby covenant and agree for themselves, their heirs,
successors, assigns, and legal representatives: that
(i) Parcel A shall be held under common ownership and be considered a single
legal 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 purpose whatsoever, unless such division or
9/5/08 -1, 51500-37 351083_2
D8-125
. .
hypothecation is done in accordance with the State Subdivision Map Act, other applicable State
law;. and)he ,provisions of the poway City Codes;
(ii) Parcel B shall .be held under common ownership and be considered a single
legal 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 purpose whatsoever, unless such division or
hypothecation, is done in' accordance with the State Subdivision Map Act, other applicable State
. -. -'", - . . ---,
law, and the provisions.of thePoway City Codes;.and
(iii) Parcel C shall be held under common ownership and be considered a single
legal parcel, and that no paiUhereof, less than the whole thereof, will be sold, disposed of,. or in
any way divided or hypothecated for any purpose whatsoever, unless such division or
hypothecation is done'in'accordance with the State Subdivision Map Act, other applicable. State
law, and the provis'ions of the Poway City Codes.
The properties merged hereby are described as:
SEE ATTACHED LEGAL DESCRIPTIONS MARKED EXHIBITS "1", "2", "3',1
SEE ATTACHED PLAT MARKED EXHIBIT "4"
NOTE TH~T THE LEGA~ qE~fRIPTIONS ON EXHIBITS "1", "2" AND "3" AND THE PLAT
SHOWN ON EXHIBIT "4:'REFLECT THE BOUNDARY ADJUSTMENT (SEE RECITAL B)
THAT OCCURRED AFTER THE ORIGINAL COVENANT OFMERGERWAS RECORDED.
This Amended Covenant of Merger shail be binding .upon the undersigned, their heirs,
successors, assigns, legal represeQtatives, and administrators' of' th". undersigned, and is hereby
expressly declared to be for the benefit of and enforceable by the City of Poway
This Amended Covenant of Merger amends, restates and supersedes the Original Covenant of
Merger in its entirety, and, upon the recordation of this Declaration, the Original Declaration shall have no
further forces and effect
Executed this '51J1 day of 2pltm he ( ,2008.
"OWNER" REDEVELOPMENT AGENCY FOR THE CITY OF POWAY
BY~
Its' . . ',~
RoD 6Cl'\\.t)
By'
Its:
9i510-8 ,2, 51500-37 351083_2
,
. .
STATE OF ~ II n,,' 1.,.:-' < )
~ )ss
COUNTY OF ill Dl.f'by) ) ,
onll'j)Vjllir)~ ,beforeme, lltbhL
personally appeared \ ~
, who pro ed to me on the basis of satisfactory evidence to be the
person~ whose name~ fiia.i! sUbscribed to the within instrument anq acknowledged to me that
~y executed the sa,me in r@oor;!tedr authorized cap?city(jesJ, and that by ~ir
signature(~,onthe instrument the perso~ or the entity upon behall of which the perso'h(~cted,
executed fhe instrument
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct
w,m", m""",","ffi"",,, r. - - -- ~~'~.'.."'. l olL'~811'4-'.9& 1
~ -"
. _ NOICIIr Pubtk: - CaHlomIG I
',. I aan Dle90 County. -
Signature. ' ~1 ^!Y\ 1: ___~:.:,~~:"~~2ll.~~ .teal)
STATE OF )
)ss,
COUNTY OF )
On , before me,
(here insert'name and title of the officer)
personally appeared
" 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 executedlhe 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 QF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct
WITNESS my hand and official seal.
Signature (Seal)
9/5/08 -3- 51500-37 351083_2
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CITY OF POWAY
APPROVAL OFPROPERTYMERGER 07-01
Pursuant to the, provisions of Section 16.22 of the City olpoway Municipal Code and Section 66499,20Y<
of the Subdivision Map Act as al11ended January 1, 199.8, the foregoing described property merger is
hereby approved. The descriptions above have been..provided by the property owner, and neither the City
of PoiNay, nor any of its officers or employees, assume respo'rlsibility. for the accuracy of said descriptions.
a~~-
City-Engineer
APPROVED AS TO FORM:
cJ€UlC'- d~
Lisa Foster
City Attorney
9/5/08 -4, 51500-37 351083_2
. .
EXHIBIT 1
LEGAL DESCRIPTION
LOT CONSOLIDATION
PARCEL A
ALL THATPORTION OF-rHE SOUTHWEST'ClUARTER OF THE SOUTHEAST
QUA~TER OF SECTION 1i,TOWNSHIP 14 SO.u;rH, 'RANGE 2 WEST, SAN
BERNARDINO MERIDIAN, .IN. THE CITY OF POWAY,'COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDINGT:O OFFICIAL PLAT
, ""'0 ." ,_ ~ ~
THEREOF, BEING ALSO DESCRIBED AS APORTION ,OF THE RESERVE
TRACT OF PIERMONTJNTHE CITY OF POWAY:. COUNTY OF SAN DIEGO,
STATE OF CALlFORNjA...tx990RDING TO MAP THEREOF MAP NO 785
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
AUGUST 4,1894, TOGETHER WITH THOSE PORTIONS 'oF IRVINGAVENUE
AND.AN UNNAMED STREETON THE WESTERLY SIDE OF SAID RESERVE
TRACT,BOTH CLOSED TO PUBLIC USE, ASDES.CRI~ED IN VARIOUS
DEEDS OF RECORD (DQ) FILED .IN THE OFFICE OFTHE COUNTY
RECORDER OF SAIDCOUNT't, DESCRIBED AS FOLLOWS'
COMMENCING AT APOINJ ON THE CENTERLINE OF SAID IRVING.AVENUE
(CLOSED TO PUBLlClJSS) THAT BEARS NORTH 000 20' 08" WEST 451.30
FEET (NORTH PER DO) FROM THE INTERSECTION OFSAIO CENTERLINE
OF IRVING AVENUE WITHTHE S9UTHERL Y LINE OF WINDSOR STREET
(CLOSED TO PUE3L1C USE). AS SHOWN ON SAID MAP NO 785, THENCE
NORTH 890 39'52" EAST 30:00 TO THE EASTERLY RIGHT OF WAY LINE OF
SAID IRVINGSTRi::ET (CLOSED), SAID POINT BEiNG THE TRUEPOINT OF
BEGINNING; THENCE RETRACING AND CONTINUING SOUTH 890 39' 52"
WEST 27049 FEET TO THEWESTERL Y LINE OF SAID SOUTHWEST
QUARTER OF THE ?OIJIHqA.STQUARTER, BEING ALSO A POINT ON THE
WESTERLY LINE OF SAID UNNAMED STREET (CLOSED TO PUBLIC USE);
THENCE ALONG SAIDWESTERL Y LINES NORTH' 000 20'38" WEST (NORTH
PER DO) 16992 FEET TOTHE NORTHWEST CORNER OF SAID
.0. ...,,,_. _. '...
SOUTHWEST QUARTER OFTHE SOUTHEAST qJ..!ARTER, THENCE ALONG
THE NORTHERLY'L1NE'OF SAID. SOUTHWESTQUARTER OF THE
SOUTHEAST QUARTER ~:f0UTH 890 24' 17"'EAST 240.5s.FEET (EAST 240.60
. . ,_.~. ..
FEET PER DO) TO THE. INTERSECTION WITH THE CENTERLINE OF SAID
IRVI~G;AVENUE (cLOSED TO PUBLIC USE); 1iHENCE)~,LOf'JG SAID
CENTERLINE SOUTH.,OOo 20' 08" EAST(SOl'JTH' PER DO) 7 13FEET TO THE'
WESTERLY fR9LONGATI()N OF THE NORTHERLY LINE OF BLOCK 25 OF
?AID PIERMONT ACCORDING TO MAPTHEREOF NO 785, THENCE ALONG
SAID VvESTERL Y PROLONGATIQNNPRJH W 35' 55" EAST (EAST PER DO)
3000 FEHTO SAIDEASTERL YRIGHT OF WAY LINE OF IRVING AVENUE,
<- _. .,."
THENCE. ALONG SAID EASTERLY RIGHT OF WAY L1NE8,OUTH 000 20' 08"
EAST (SOUTH PER DD)158.91 FEET TO THE TRUE POINT OF BEGINNING.
. .
TOGE7iHERWITH AN.EA~EMENT FOR INGRESS, EGRESS, AND UTILITIES
OVER, UNDER. ALONG AND THROUGH THE FQLLOWING DESCRIBED
L:AND:
TriA T PORTION OFTHESOUTHWEST QUARTER' OF THE SOUTHEAST
QUARTER 0F SECTION 12, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN
BERNARDINO MERIDIAN,JNTHE CITY OF pOWAY, COUNTY OF SAN
DIEGO, STATE OF CA[IFORNIA, ACCORDING TO OFFICIAL PLAT
.'~ ,-' " <"
Tt;JEREOF, BEING ALSO, DESCRIBED AS A PORTION OF BLOCK 25 OF
PIERMONT, IN THE CITY OFPOWAY, COUNTY 0F SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO'MAP THEREOF MAP NO 785 FILED IN THE
- - A. ..."\ . .___.. - .
OFFICE'OFTHE COUNTY RECORDER OF SAID'COLJ.r:-JTY AUGUST 4,1894,
TOGETHER WITH THOSE PORTIONS OF YORK AVENUE AND IRVING
AVENUS, CLOSED TO PUBLIC USE, AS DESCRIBED IN VARIOUS DE.EDS
OF RECORD (DD) FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY,DESCRIBED AS FOLLOWS:
COMMENCING ATTHE NORTHWEST CORNER OF SAID SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER, THENCE ALONG THE
NORTHERLY LINE THEREOF SOUTH 890 24' 1 T' EAST 440.67 FEET (EAST
. ,.- -"--,' . ""-, .
440.00 FEET PER DD) TO THE. INTERSECTION WITH THE CENTERLINE OF
SAiD YORK AVENUE; THE~CE,ALONGSAID CENTERLfNEOF YORK
AVENU,E SOUTH 000 21'08'''EAST (SOUTH PER DR) 260.00 FEETTO THE
SOUTHEAST CORNER,OF LAND DESCRIBED IN DEED TO WILLIAM H.
SMITH, ET UX, RECORDED MARCH 3,1958 IN Book 6974, PAGE 190 OF
OFFICIALRECORDS, sAID POINT BEING THE TRUE POINT OF BEGINNING:
THENCE CONTINUING.ALONG SAID CENTERLINE OF YORK AVENUE
SOUTH 00021' 08" EA9T(SOUTH PER DD) 20 00 FEET, THENCE SOUTH 890
38'52~' WEST 170.18 FEET (WEST 170 00 FEET PER DD) TO A POI NT ON
THEWESTERLY LINE OF SAID BLOCK 25, BEING ALSO A POINT ON THE
EASTERLY RIGHT OF V'jAY ,LINE OF IRVING AVENUE (CLOSED); THENCE
ALONG SAID EASTERLY RIGHT OF WAY LINE SO.UTHOOo 20' 08" EAST
(SOUTH PER DD) 60 00 FEET, THENCE SOUTH 89" 39"52" WEST (WEST
PER DO) 30.00 FEET TO THE.CENTERLlNE OF-8AID IRVING AVENUE
(CLOSED);THENCE'ALONGSAID CENTERLINE NORTH 000 20' 08" WEST
. ... ,-"",'
(NORTH PERDD) 1 F2~ FEET TO A POINJ ON THE CENTERLINE OF SAID
IRVING,AVENUE THAT BEARS NORTH 00020'08" WE,.S1 (NORTH PER DD)
451.30 FEET FROM THE INTERSECTION OF SAID CENTERLINE WITH THE
SQUWERLY LINE OF WINDSOR STREET(CL(j'SED TO PUBLIC USE) AS
SHOWN ON SAID, MAPNO.785, THENqE NORTH'89039' 52" EAST (EAST
PER DO) 30,00FEETTO SAID EASTERLY RIGHT OF WAY LINE OF IRVING
AVENUE:'fHENCE ALONG SAID EASTERLY RIGI'iT OF WAY LINE SOUTH
. " '~. .'
00020' 08" EAST (SOUTH PER DD) 97.29 FEET TO. AN INTERSECTION WITH
A L1t'l!=Tt'iAT BEARS SOUTH 890 38' 52" WEST ()NEST PER DO) FROM THE
TRUE POINT OF BEGINNING; THENCE NORTH~9038' 52" EAST 170 17
FEET (WEST 170.00 FEET PER OD) TO THE TRUE'POINTOFBEGINNING.
. .
EXCEPTING THEREFRQrylTWENTY FIVE PERCENT (25%)' OF ALL OIL, GAS,
AN.D Mlt-JE~ALS BENEATH SAID LAND AS RESERVED IN DEED RECORDED
SEPTEMBER 16,19551N BOOK 5795, PAGE 494 OF OFFICIAL RECORDS.
CONTAINS' 1 0368 ACRES
9- -2J:Ja&
DATED
. .
EXHIBIT 2
LEGAL DESCRIPTION
LOT CONSOLIDATION
PARCEL B
ALL THAT PORTION OF tHE SOUTHWEST QUARTER OF THE SOUTHEAST
QUAFHEROF SECIIGN12, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN
.,.., . , ""
DIEGO, STATE OF CALIFORNIA, ACCORDING T00FFICIAL PLAT
THEREOF, BEING ALSO DESCRIBED AS A PORTION OFTHE RESERVE
TRACT OF PIERMONT. , IN. THE. CITY OF POWAY, COUNTY OF SAN DIEGO,
. .- b
STATE OF CAIUFORNIA, ACCORDINGTO MAP THEREOF MAP NO 785
FiLED IN THE OFFICEOFTHE COUNTY RECORDER OF SAID COUNTY
AUGUST 4;1894, TOGETHER WITH THOSE PORTIONS OF IRVING AVENUE
AND AN UNNAMED S'fREET ON THE WESTERLY SIDE'OFSAID RESERVE
TRACT, BOTH CLOSElnOPUBLlC USE, AS DESCRIBED IN VARIOUS
DEED$ OF RECO~D'(DO) FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAIDC0UNTY, DESCRIBED AS FOLLOWS:
COMMENCINGAT A POINTON THE CENTERLINE OF SAID IRVING AVENUE
(CLOSED TO PUBLIC USE) THAT BEARS NORTH OO~ 20' 08" WEST(NORTH
PER DD) 451.30 FEET FROM THE INTERSECTION OF SAID'CENTERLlNE
OF IRVING AVENUE'WITH THE SOUTHERLY L1NEOF WINDSOR STREET
(CLOSED TO PUBLIC USE)AS SHOWN ON SAID MAp NO 785, THENCE
N0RTH 890 39' 52" EAST (EAST PER DD) 30 OOTO THE EASTERLY RIGHT
OF WAY 'L1NE.0F SAID. IRVING STREET (CLOSED),. SAID POINT BEING THE
TRUEP0INTOFBEGINNING;THENCE ALONG SAID EASTERLY RIGHTOF
WAY LINE SOUTH OO~ 20' 08" EAST (SOUTH PER DO) 88.00 FEET, THENCE
SOUTH 890 39'52" WEST (WEST PER DD) 27048 FEET TO THE WESTERLY
LINE OF SAID SOUTHWEST QUARTER OF THE S0[JTHEAST QUARTER,
BEING ALSO A POfNT'ON THE WESTERLY L1NE'OF $AID UNNAMED
S'fREET(CLOSED TOPUBLlC USE), THENCE ALONG SAID WES;rERLY
LINE N0RTH OO~ 20' 38"WEST (NORTH PER DD)88 00 FEET TOAN
INTERSECTI0NWITH A Ll.NE THAT BEARS SOUTH 890 3~r'52"iNESTFROM
THE TRUE POINT OF BEGiNNING; THENCE NORtH 890'39' 52" EAST 270 49
FEET TO THE TRUE P0/NT OF BEGINNING.
ibGETHERWITH.AN EASEMENT FOR INGRES~, EGRESS, AND UTILITIES
OVER, UNDER..ALONG AND THROUGH THE F0LLOWlNG DESCRIBED
LAND'
.
. .
THAT PORTION OFTHE'SOUTHWEST QUARTER OF THE,SOUTHEAST
. , .
C __"" __ '-,', -.", "'- .'- .'
QUARTER.OF SECTION 12, TOWNSHIP 14'SOlJTH, RANGE 2 WEST, SAN
BERNARplNO rytERIDIf\N,JNTHE CITY OF'POWA~, C0UNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDINGTO OFFICIAL PLAT
THERE0f=, BEING AhSOGl,E.$CRIBED ASAPORTION,OF BLOCK 25 OF
PIERMONT, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALrFORNIA, ACCORDING'TO MAP THEREOF.M~P NO 785 FILED IN THE
. ...-
OFFICE' OF THE COLJNT'( RI;OCORDER OF SAID:COUNTY AUGUST 4, 1894;
TOGE,THER,WITHTHOSEPORTIONS OF YORKAVENUE AND IRYING
AVENUE, AS DESCRIBElD IN VARIOUS DEEDS.OF'RECORD (DD) FILED IN
THE OFFICE OF THE 9pUNTY RECORDER OF:SAID COUNTY, CLOSED TO
PUBLIC USE, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST
QUARTER OFTHESOUTHEAST QUARTER; THENCE.ALONG THE
NORTHERLY LINE THEREOF SOUTH 890 24' 17" EAST4;:la.67 FEET (WEST
440. 0.0. FEET PER DD)TO THE INTERSECTION WITH THECENTEORLlNE OF
SAID YORK AVENUE, THENCE ALONG SAID CEf\JTERLlNE OF YORK
AVENUE SOUTH 0.0.0 21 "aW"EAsT (SOUTH PER 00) 260..0.0. FEET TO THE
SOUTHEAST CORNER'OF LAND DESCRIBED IN DEI;DTO WILLIAM H.
SMITH, ET UX, RECORDED MARCH 3., 1958 IN ,BOOK 6974, PAGE 190. OF
OFFICIAL RECORDS, SAID POINT BEING THETRUE'POINT OFIBEGINNING:
THENCE CONTINUING,ALONG SAID CENTERLlNE,QF YQRK AVENUE
SOUTH 0.0.0 21' 0.8" EA$T(SQUTH PER DO) 20. 0.0. FEET; THENCE SOUTH 890
38' 52"WE$T 170. 18 FEET(WEST 170..0.0. FEET PER DO) TO A POINT ON
THE WESTERLY LINE OF SAID BLOCK 25, BEING ALSO A POINT ON THE
- '-~.:. ,"' -
EASTERLY RIGHT OF WAY qNE OF IRVING AVENUE (CLOSED), THENCE
ALONG SAID EASTERLY RIGHT OF WAY LINE SOUTH 0.0.0 20.' 0.8" EAST
(SOUTH PER 00)60.0.0. FEET, THENCE SOUTH 8.9~ 39'.52"WEST(WEST
PER DO) 30.:0.0. FEETTQ THECENTERLlNE OF SAID IRVING AVENUE
(CLOSED); THENCE A~ONGSAlb CENTERLlNE:NORTHaao 20.' 0.8" WEST
(NORTH PER.DD) 89.29 FEET TO A POINT ON THE CENTERLINE OFSAID
IRVING.AVENUE THAT BEARS NORTH 0.0.0 20.' 0.8" WEST (NORTH PER DO)
3.63..3.0. FEET FROM THEJNTERSECTION OF SAID CENTERLINE WITH THE
SOUTHERLy tiNE 9F\iVINDSOR STREET(CLOSEb to RUBLICUSE) AS
SHOWN ON SAID MAPNO 785,THENCE NORTI:l .890 3.9' 52" EAST 30. 0.0.
,,-.. ". . - -",' .' ..,. .'~'
FEET TO SAID EASTERLY HIGHT OF WAY'L1NEOF IRVING AVENUE,
THENCE ALONGrSAID EASTERLY RIGHT OF WAY: LINE SOUTH 0.0.020.' 08"
EAST (SOUTH PER DD) 9.29 FEET TO AN INTERSECTION WITH A LINE
-' ,.~~ ,',' ,y- , ,
THAT BEAR$ SOllTH690 38~ 52" WEST(WEST PER DD) FROM THE TRUE
POIt'lT OF BEGINNING; THENCE NORTH 89038' 52" EAST 170. 17 FEET
(EAST 1:70.,0.0. FEET PER DO) TO THE TRUE POINT OF BEGINNING.
. .
EXCEPTING THEREFROM TVVENTY FIVE PERCENJ (25%) OF ALL OIL, GAS,
AND MINERALS BENEATH SAID LAND AS RESERVED IN DEED RECORDED
SEPTEMBER 16,1955 IN BOOK 5795, PAGE 494 OF OFFICIAL RECORDS
CONTAINS o 5464 ACRES
r2~<f
DATED
/
. .
EXHIBIT 3 \
LEGAL DESCRIP1;ION
LOT CONSOLIDATION
PARCEL C
ALL THAT PORTION .oF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTEROF SECTION'12, TOWNSHIP 14 SOUTH, RANGE 2WEST, SAN
BERNARDINO!\'1ERIDIf\.N, J.NTHE CITY OF POWAY, COUNTY OF SAN
DIEGO; STATE OF CALIFORNIA, ACCORDING TO'OFFICIAL PLAT
TH$R~OF, B~ING ALSO ElESC'1IBED AS A PORTIQN OF BLOCK 25, AND A
PORTION OF'THE RESEEWE T~ACT OF PIERMONT,IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF MAP.N0 785 FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY AUGUST 4, 1894,. TOGETHER WITH THOSE
p'ORTIONS OF YORKAVE~f\JUE, IRVING AVENUE AND AN UNNAMED
STREET ON THE WESTERLY SIDE OF SAID RESERVE TRACT, ALL
- ..-",..'". -
CLOSED TO PUBLIC UcSE;,iAS DESCRIBED IN VARIOUS DEEDS OF
RECORD'(DD) FILED IN'THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST
QUARTEROFTHE S,OUTHEAST QUARTER; THEI\!CE'AL,ONG THE
" -"-
NORTJIERL Y LINE THEREOF SOUTH 890 24' 17" EAST 440.67 FEET (EAST
44000 FEET PER DD) TO THE INTERSECTION WITE:! THE CENTERLINE OF
SAID YORK AVENUE; l:HEi\!<;:E ALONG ~AID Ci::NTERLlNEOF YORK
AVEN~E:,SOUTH 00021' 08"EA~J (SOUTH PER DD) 260,00 FEET TO THE
SOUT EAST CORNER OF LAND DESCRIBED IN DEEDTO WILLIAM H.
SMITH, ET UX, REC()RDEp MARCH 3,195~ IN BOOK 6974, PAGE 190 OF
OFFICIAL RECORElS"SAiD POINT BEiNG THE TRIJEPOINTOF BEGINNING;
THENCE CONTINUING ALONG SAID CENTERLINE OF YORK;AVENUE
SOUTH 000 21' 08" EAST (SOUTH PER DD) 20 OOlF~ET, THENCE SOUTH 890
38' 52" WEST 170 18FEET (WEST 170.00 FEET,PER DD) TO A POINT ON
THE WESTERLY L1NEOF SAID BLOCK 25, BEIf\jGAP?O A POINT ON THE
EASTERLY RIGHT OFWAY LINE OF IRVING AVENUE (CLOSED).; THENCE
ALONG SAID EASTERLY RIGHT OF WAY LINE SOUTH 000,20' 08" EAST
(SOUTH PER' DD) 60:00 FEET; THENCE SOUTH 89039'52" WEST (WEST
,-. _. - .' .'"." .. ,"--
PER DD).30 OO.FEET 'f0 APOINT ON THE CENTERLINE OF SAID IRVING
AVE.NUE THAT J3E:f\RS, t:!9RTH 00020' 08"WEST(NORTH PERDD) 274 01
FEETFROM THE"INTERSECTION OF SAID CENTERLINE OF IRVING
AVENUE wrtHTHE SOUTHERLY' LINE OF WINPSOR STREET (CLOSED TO
PUBllCLJ9.E:) ASSJ;lOVYN ()N SAID I\11,APNO 785;, THENCE ALONG SAID
CENTERLlNE,NORTH 000 20' 08" WEST (NORTH PER DD) 1.29 FEET,
THENCESOUTH890 39' 52" WEST 240 47 FEET (vYEST 24000 FEET PER
DD) TO THE WESTERLY LINE OF SAID SOUTHWEST QUARTER OF THE
/'
. . .
SOUTHEAST QUARTER, BEING ALSO A POINT ON THE WESTERL YUNE
OF SAID UNNAMED STREET ,(<;:LOSED TO PUBLlClJSE); THENCE ALONG
SAIDWESTE8[YLlNES NORTH 000 20' 38" WEST (NORTH PER DD) 88.00
-- '....' -.". . . , ""'.
FEET TO ANINTERSECTIONWITH A L1NE'THAT BEARS SOUTH 890 39' 52"
WES;r (WEST PER DD). FROM APOINT ON THE CENTERLINE OF SAID
IRVING AVENUE THAT BEARS NORTH OOO,~O' 08" WEST (NORTH PER DO)
36330 FEETFROM THE INTERSECTION OF SAID CENTERLINE OF IRVING
AVENUE WITH SAID SOUTf:iERL Y LINE OF WINDSOR STREET (CLOSED TO
PUBLIC USE) AS SHOWN 9!\tSAID'MAP NO 785., THENCE NORTH 890 39'
52" EAST (EAST PER.Dm 270 48FEET TO SAID EASTERLY RIGHTOF WAY
LINE OF IRVING AVENUE, THENCE ALONG SAID EASTERLY RIGHT OF
WAY LINE SOUTI1 00620' 08" EAST (SOUTH PERQO) 9.29 FEET TO AN
INTERSECTION WITH AUNETHAT BEARS SOUTH 89038' 52" WEST (WEST
PER DO) FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 890 38'
52"EAST 17017 FEET (EAST 170 00 FEET PER DO) TO THE TRUE POINT
OF BEGINNING.
EXCEPTING THEREFROM TWENTY FIVE PERCENT (25%) OF ALL OIL, GAS,
, -. .
AND MINERALS BENEAl'H SAID LAND AS RESERVED IN DEED RECORDED
SEPTEMBER 16,1955 IN BOOK 5795, PAGE 494 OF OFFICIAL RECORDS
CONTAINS, o 6254 ACRES
~
C-'1LI FOR~\ ~
9~z.,.~
DATED
"" ~~ y EXHiBIT 4
.. ,. . I - I N 89'3 "E "3
~ NW CORNER SW 114 s"r'1/4 SECTION I ~ 30.00' EDGEMOOR STREET I
/ J 12 T14S R2W, SBM I Z -
I. N 89'24'17" WIG) (VACATED)
440.67'
240.55' I z
I I I
c I 10
~ I PARCEL 'A' I ~:: I : Ul
3:: I APN:314-213-18 &; 19 I tx I 0"'.. z APN 314-213-17 I 8
81 \ I OJ, I ~ I I ~
0; I 45,163 S.F sS I ::E g; 8 I 0
Ul <0 I (10368 ACRES) I I <0 ~- I -;l 00"
8 :q I \'2, I ~ ~. 0 BLOCK 25 I rTl
. I "'\ I I'l OJ -<
N (j) tx ,\'" z ' I 0
5 ;j I \ I G'\\() l;:ii I ::E APN 314-213-16 I ~ (')
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S 89'39'52" W 270.49' I wV>- I ~
~ -:---~A;CE~~8~------:~- ~ ~~~EL A&B i ~ I ~
~ ~ I APN:314-213-20 : I J~ ~~. I ~ I 8.
~ 0 I 23801 S.F \txS ,\\ I ~O N APN. 314-213-15 I i'1
q, , '\ o.S'<l' I ~ ~q, <0 TPOB I
I (0.5464 ACRES) SV I ~ ~. PARCEL C I
I 10 ' " I
S 89'39'52" W 270.48'. S 89'38 52 W
170.17' I
,1<7 10 I
I PARCEL 'c' Rr::stR \} \:... I 5 (,.J 9.29'
OJ 'I APN:314-213-21 _(~C\ I g; ~ I ~ S 89'38'52" W 17018'
fX' \ 10 (,.J N . (')
o I 27,242 S.F ~ q 1<0. N 00'20'08" W I <: '"
q I (06254 ACRES) CIL ~ 60.00' I 1'1 r
I I S 89'39'52" W I l>
S 89'39'52" W 240.47' 30.00' I 8 I
o I (I/',,- I-----------~
r I _---~_/' / I
g I APN 314-213-33 /~ 1/ NN I I
I'll I :,{I ~q,1 I
o I \ ""0 I
- I \: NOO'20'08"W I 1 s 00" I
-" 1.29' /_.J.J., '::E 1- --.J I
r SITE ..... - - I \. T II S SCOUTH LINE OF WINDSOR
~ STREET (VACATED)
EDGEMOOR - - - - - - - - --
STREET 0 LEGEND
w 0::
&! ;:c CJTY OF 0 EXISTING BOUNDARY LINE TO REMAIN
~. ~ POWA Y ~ _ _ _ _ EXISTING BOUNDARY LINE TO BE REMOVED
0:: ..J
5 ~ ~ -------- ADJUSTED BOUNDARY LINE PER SEPARATE DOCUMENT
~ TPOB TRUE POINT OF BEGINNING
8 SCOTS WAY
KEY MAP
OWNER:
POWAY REDEVELOPMENT AGENCY
.- ---. '~, _c-," '-.~ - ~ -,'---
BY Unc :tw.n~~ q~8'
DENA FUENTES DA E
REDEVELOPMENT SERVICES DIRECTOR
LOT MERGER ff BURf(EIT~~
M ENGINEERS & SURVEYORS
07-01 3434 Fo h Ave., San Diego, CA
92103' 40 (619) 299,5550
_', CITY OF POW A Y, CA
~ SCALE. 1 "=60'
~,