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Covenant of Property Merger 2013-0231126 C� � � # ��7 �-Q��1 � �� = I��0��0 � ��I �� I��I �� 0�� I��I�S I�� RECORDWG REQUESTED BY� � APR 12, 2013 2:25 PM CI7Y OF PO'NAY 7� OFFICIAL RECORDS I , SAN DIEGO COUNTY RECOFDER'S OFFICE ?.NO'PlHEN RECORDED MAIL TO� a��. Emest J. Dionenburg,Ji.,COUNTY RECORDER FEES: 34.00 CITY CLERK PAGES: 7 CITY OF POWAY P O BOX 789 II�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIII PO`N.AY. CA 92074 (THIS SPPCE�GR REGORGEP,'S USE) AP N: 317-9 30-00. 317-130�2 COVENANT OF PROPERTY MERGER M 12-001 (Government Code Section 6649920) No Documentary Transfer Tax Oue The undersigned hereby cov=nant and agree for themselves, their heirs. successors, assigns. and legal representatives, tfiat all of the following described real propeRy in the City ot Poway shal� be held under common ownership and be considered as a single parcel. and that no part thereof, less than the whole thereof, will be sold, disposed of, or in any way divided or hypothecatad 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 the Poway City Code. 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 �"—tiay of _. 20J�. % � By: Joh E. C arke Its: U I tN � I�i¢t�,c�esm o� � K�+A+_ �sfznf Wal—Mart Real Estate Business Trust I ✓�`�Z� � STATE�OF� �R,�4ALS9� ) ) COUIVTY OF �E�iV1bN ) On�,�7�y.,�before me, /�� fyd�'s�r- t�,4GU Notary Public, in and for said county and state, personally appeared �.�� E? C'C,LRK[r , who proved to me on tUc basis of satisfactory evide�ice)� to be the person(s) whose �name(s) is/are subscribed to the witliin instrumenl and acknowledged to. me that he/she/they executed the same in his/her/their authorized capacity(ies), and tliat by his/hei/their si�tature(s) on the instrument theperson(s), or entity upon behalf of which the person(s) acied, executed d�e insirument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. .�`��PSEY��'�.,, �•\,Z,�,...EJ(P �i ;O�,.O�.M �RFS S' �''' ;Q:'a P� � =U:f NOZ P .:4 Signature � ° �, PJ�A o �� Signature`oi'Notary 'lic ;m'•, y�ti3j9 oti°'� v.� F� "% • ,NOV.B�� P.: ''P�!;co�N,,,,��, CITY OF POWAY APPROVAL OF PROPERTY MERGER M12-001 Pursuant to the provisions of Section 76.22 of the City of Poway Municipal Code and Szction 66499.203/4 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 o�cers or empioyees assume responsibility for the accuracy of said descriptions. � teven R. Crosby City Engineer RCE 41975 APPROVED AS TO FORM: O�ce of the City Attorney ;� Morg L. ole " EXH/BIT 'A° SHEET 1 OF 2 SHEETS LE'C.9L I>�'SCRIPTION LOT IVIERGER PARCEL A: PARCfL 1 OF PARCEL MAP N0. 16871; IN THE CITY OF POWAY, COUNTY OF SAN�DIEGO, STATE OF CAUFORNIA, FILED /N THE OFFICE OF THE COUNTY RECORDER OF SAN 01EG0 COUNTY ON JUNE 10, 1992 OF OFFIC/AC RECORDS. EXCEPTING THEREFROM ALL BUILDINGS, STRUCTURES AND OTHER IMPROVEMENTS ON SAID LAND. PARCfL C: ALL THAT PORTION OF THE SOUIHWFST OUARTER OF THE NORTHEAST WARTER OF SEC110N 13, TOVNJSHIP 14 SOUTH, RANGE 2 tVEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TD OFFICIAL PLAT THEREOF, DESCRIBED AS FO�LOWS: BEGINNING AT THE INTERSECTION OF 1HE SOUTHERLY LINE OF THE NORIHERLY 170.00 FEET OF THE SOUjHW£ST OUARTER OF THE NORTHEAST pUARTER OF SAID SECTION 13, WiTH THE WfSTERLY LINE OF 1HE COUNTY ROAD AS SHOWN ON THE MAP OF COUNTY ROAD SURVEY N0. 335. A PLAT OF WHICH IS ON FILE IN THE OFFICE OF THE �COUNTY SURIEY OF SAID SAN DIEGD COUNTYAND COMMONLY KNOWN AS MIDLAND AVENUE; THENCE ALONG THE 6U£STERLY LINE OF SAID AVENUE, NORTH 0° 10" W£ST TO THE BEGINNING OF A TANGfNT 175.00 FOOT RADIUS EURVE' CONCAVF SOUTHEASTERLY /N SAID WESTERLY LINE, lHENCE ALONG THE NORTHERLY PROLONGA710N OF THE LAST�MENTIONED BEARING NORTH 0° 10` W£ST, TO A UNE WHICH IS PARALLEL WiTH AND �ISTANT 55.00 FEE7 SOUTHERLY, MEASURED AT R/GHT ANGLES FROM THE NORTHERLY UNE OF THE SOUTHW£ST QUARTER OF 1HE NORTHEAST pUAR1ER OF SAID SECTION 13; THENCE W£STERLY ALONG SAID PARALLEL LINE 165.00 FEET, THENCE SOUTH 0° 10' EAST, 115.00 FEET TO AN INTERSECTION W11H THE SOUTHERLY LINE OF 1HE NORTHERLY 170.00 FEET OF THE SOUTHWfST pUARTER OF THE NORTHEAST pUARTER OF SAID SEC110N 13; THENCE EASTERLY ALONG SAID LINE 165.00 FEET TO THE POINT OF BEGINNING. PARCEL D: ALL THAT PORTION OF THE SOUTHVYFST OUARTER OF THE NORTHEAST OUARTER OF SEC110N 13. TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERID/AN, IN THE COUNTY OF SAN DIECO, STATE OF CALIFORNIA, ACCORDING TO lHE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF THE NORTHERLY 170.00 FEET OF THE SOUTHW£ST OUARTER OF 1HE NORTHEAST OUARTER OF SAID SECTION 13, WiTH THE WfSTERLY LINE OF THE COUNTY ROAD AS SHOWN ON THE MAP OF COUNTY ROAD SURVEY N0. 335, A PLAT OF WHICH IS ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY AND COMMONLY KNOWN AS MIDLAND AVFNUE: THENCE ALONG THE WESTERLY LINE OF SAID AVENUE, NORTH 0° 10' W£ST r0 THE BECINNING OF A TANGfNT 175.00 FOOT RADIUS�CURUE CONCAVL SOUTHEASTERLY IN SA/D W£STERCY L/NE, BE/NG THE TRUE POINT OF BEGINNING,� THENCE CONTINUING ALONG SA/D WESTERLY LINE, NORTHERLY ALONG THE ARC OF SAID CURVE TO AN INTERSEC710N WiTH A LINE WHICH /S PARALLEL WITH AND DISTANT 55.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTHERLY LINE OF THE SOUIHW£ST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13. THENCE W£STERLY ALONG SAID PARALLEL LWE r0 AN INTERSECTION W11H THE NORTHERLY PROLONGA110N OF THE LAST MENTIONED BEARING DESIGNATED "NORTH 0° 10' WfST'; FROM THE TRUE POINT OF BEGINN/NG, THENCE ALONG SAID PROLONGATION SOUTH 0° 10' EAST TO THE TRUE POINT OF BECINNING. E��'SUy �,� �S � �� '/ _/ Fo 9 JOB N0. 106-054.i * � . �-S�ZOi3 * REV. DATE � � ��. � NASLAND ENGINEERING o3 os zo�3 � is�'��P CIVIL ENCINEERING • SURVEYINC • IAND PI.�NNING �FCAL�� 740 Ruffner Strcel, San Diego, Calitornia, 92111 SHEET 2 OF 2 SHEETS � EXH/BIT p/`1� LOT MERGER L�'G,9L D�'SCRIPTION PARCEL E: ALL THAT PORTION LYING WiTH/N THE NORTH 170 FEET OF THE SOUTHW£ST OUARTER OF 1HE NORIHEAST OUARTER OF SECT/ON 13, TOWNSHIP 14 SOUTH, RANGE 2 WfST, SAN BERNARDINO MER/O/AN, lN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHW£ST OUARTER OF THE NORTHEAST OUARTER; THENCE SOUTHERLY ALONG THE CENTERLINE OF ROAD SURVEY 335-65, A PLAT OF WHICH IS ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY, 170 FEfT MORE OR LESS TO THE SOUTHERLY LINE OF SAID NORTH 170 FEET OF THE SOUTHWEST QUARTER OF THE NORiHEAST pUARTER; THENCE W£STERLY ALONG SAID SOUTHERLY LINE 42 FEET MORE OR LESS TO THE W£STERLY LINE OF SAID ROAD SURVEY 335-65 AND THE TRUE POINT OF BECINNING THENCE NORTHERLY ALONG SAID W£SIERLY LINE TO lHE BEGINNING OF A 20 FOOT RADIUS CURVL, CONCAV� SOUTHW£STERLY AND TANGENT TO SAID WfSTERLY LINE AND A LINE THAT IS PARALLEL W11H AND DISTANT 60 FEET AT RIGHT ANGLES SOUTHERLY FROM 1HE NORTHERLY LINf OF SAID SOUTHW£ST pUAR1ER OF THE NORTHEAST pUAR7ER; 1HENCE NORTHERLY AND W£SIERLY ALONG SAID 20 FOOT RAOIUS CURVf TO SAID PARALLEL LINE; THENCE WfSTERLY ALONG SAID PARALLEL LINE TO A POINT ON 71-IE WESTERLY LINE OF ROAD SURVEY 335 DATED APRIL 1917 AND FILED IN 1HE OFFICf OF THE COUNTY ENGINfER OF SAID COUNTY, THENCE SOUTHW£STERLY AND SOUTHERLY ALONG SAID W£STERLY LINE TO A POINT ON THE SOU.THERLY LINE OF SAID NORTH 170 FEET OF THE SOUTHW£ST QUARTER OF THE NORTHEAST OUARTER; THENCE EASiERLY ALONC SAID SOUTHERLY LINE TO THE TRUE POINT OF BEGINNINC. �S�p LAND,s�9 \V4, �,�;;;NAS�,q G�,` 9 � n O � � g,5-Zw3 � `��' "�ts�' �P ��FCAIIP�� JOB N0. 106-054.1 REV. DATE � NASLAND ENGINEERING o3 os zo,3 CIVIL ENCINEERINC • SURVEYINC • IAND PIANNING 17�0 Rulfner Streel, San Diego. California, 92111 EXH/BIT ABA SHEET 1 OF 2 SHEETS LOT MERGER PLAT _� HILLEARY PLACE �� I � _� N00°i6'24"E + N88o32'04"W 5.00' N88�32'04"W-1 68.42' NB8°32'04"W 38Z06' �-188.07'-� ,PARCEL D � N W;�W;� � 16$.,36� � �I 51' �o N73°43'07"E o°�ola PARCELj�� I l�J r �l o N 52.49' °o^ o- C � - O PAF;T 2`� NB8°32'04"W ��Z N88 36.49' W f � N70°47'26"W 60.00" Q � N 8 8°4 1'4 8"'w 3 4 5.8 7" 5 2.5 0' L O T L W E S T O � BE REMOVED �`+ Q SEE PARC�L C .r O �� e D & E DET.4� �c°o � `^ ON SHEET 2 aF � o EXMBIT �' �o ;�� 2 W I PARCEL A � � Q U o� PARCEL 1 PM 16871 2 OJ � � � 0 `�' ° s r I 2 az' N88°42�55°W 425.02' N88°41'48��W 404.97' � / I 2p s o��°�� N01�l 7'35"E !°n�� 12.00' �°j `��s °v"� o`�' �9- 2 O O BAS/S OF BEARlNCS 9�52� p THE BASIS OF BEARINGS FOR THIS PLAT IS N88°42'OO�W THE EASTERLY RIGHT OF WAY OF COMMUNITY ROAD PER PARCEL MAP I6871. L�'G�'ND � ¢ I.E. NORTH 0270'25" EAST ( ) = DATA PER DOCUMENT N0. � 2007-0580045 �� S'U� Fq� WIN PEAKS RD � S� G S ��p�� C�'�70 �Pp O � � � * 0 DO � 3"5'��3 �Q � �� ,9�,� `S �,�,? � HILLEARY PLACE �fi� ♦ ~ l �F CA�' j `CYNTHIA LANE � � 0 U JOB N0. f06-054.I POWAY ROAD REV. DA7E SITE � NASLAND ENGINEERING o3 05 Zo�s �ICINtTY MAP CIVIL ENCINEERINC • SURVEYINC • LAND PLANNINC NO SCALE �7�0 Ruffner SUeet, Sen Diego, California. 92�11 EXH/BIT "BA SHEET 2 OF 2 SHEETS � LOT MERGER PLAT HILLEARY PLACE - - - - - �C- - a=o��5o'a�" � h R=175.00' e � L=5.64' PARCEL D 5.00' � N88�32'04"W 188.07' 4=93�28'37„ � — — — — � R=20.00" 165.36' (165.00) � 22�1� L=32.63' (I �� 38.85" o I ' ( �188°32"04"W -� -�o � Q I . I� o o vi� � o�, LOT LINE TO 0 o 'N� �aop� BE REMOVED� 1 Q �,j W �' PARCEL C �' ,�,w I�^,h o p o�c°�" a —LOT LINES TO o�n I `�" � Q � e o BE REMOVED o � I �� o�', O I 2 z i o° 1 � PARCEL �� Q � z• E J ^� � 1�f � TPOB PARCEL D ' v� � ,�� _ 165.13' (I65.00) �� l v ` - - - - - - - - - - �,I��—_ 71.36_ � o N88�29'S7"W 236.49' � —' � TPOB PARCE E POB PARCEL C 42' PARCEL A w PARCEL 1 PM 16871 � I ;� a a 0 D�'T,91L FOR P,9RC�'LS C, D & E' � w SCALE: 1'" = 200' � Q � � ° LECE'ND � �- ( ) = DATA PER DOCUMENT N0. I ° 2007-0580045 POB = POINT OF BEGINNINC "" iPOB = rRUE POINT OF BEGINNING ��D V+Yp� � �� -� � JOB NO. 106-054.1 � �•�'�1� � REV. DATE 9��• L$ ��` NASLAND ENGINEERING 03 05 2013 pF �p,L� CIVIL ENCINEERINC • SURVEYINC • LAND PLANNING I740 Ruffner Streel, San Diego, Calilornia, 92111