Declaration of Covenants for Underground Utility Improvements and Waiver of Protest 1991-0347705
2204
DC_ U: 1991-0347705
16-JUL-1991 08=28 AM
SAH DIEGO COUHTY RECORDER'S OFFICE
AHHETTE EVAHS, COUHTY RECORDER
RF: 5.00 FEES: 9.00
AF: 3.00
MF: 1.00
~ECORDING REQUEST BY: )
)
CITY OF POWAY )
)
WHEN RECORDED MAIL TO: )
)
CITY CLERK )
CITY OF POWAY )
P.O. BOX 789 )
POWAY, CA 92064 )
)
No Transfer Tax Due )
(This space for Recorder's Use)
DECLARATION OF COVENANTS FOR UNDERGROUND UTILITY IMPROVEMENTS
AND WAIVER OF PROTEST (91-01)
WHEREAS, Masaya Kimura, a single man is the owner of real
property described in Exhibit A which is attached hereto and made
a part hereof and which is commonly known as Assessor's Parcel
Number 323-010-16, located at 13814 Belvedere Drive, Poway, CA.
WHEREAS, in lieu of the immediate installation and dedication
of underground utility improvements on the property described
above, it is the desire and intention of the owner to impose upon
the property described above these covenants for said future
improvements for the benefit of the City of Poway, California.
The owner hereby declares that all the property described above is
held and shall be held, conveyed, hypothecated or encumbered,
leased, rented, used, occupied and improved, subject to the
following covenants, which shall run with the land and shall be
binding on all parties having or acquiring any right, title or
interest in the described land or any part thereof.
No protest shall be made by the owner to any proceedings for the
installation or acquisition of underground utility improvements on
the property described above under any special assessment
proceedings, whether conducted pursuant to the Improvement Act of
1911 or the Municipal Improvement Act of 1913, or any other
applicable State or local law, and whether processed by the City of
Poway or any other governmental entity having jurisdiction in the
matter and for the purposes of determining property owner support
for same.
Dated:
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OWNER ( arize)
Dated:
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(No need to Notarize)
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2205
3
Page
-Exhibit "A"
PARCEL 22:
THAT PORTION OF LOT 1 (NORTHWEST QUARTER OF THE NORTHWEST QUARTER) OF
SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY THEREOF APPROVED SEPTEMBER 11, 1879, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE
SOUTHERLY LINE THEREOF SOUTH 88.43'40" EAST, IS1.36 FEET TO THE SOUTHWEST
CORNER OF THAT CERTAIN LAND INCLUDED WITHIN THE BOUNDARY OF RECORD OF
SURVEY MAP NO. 3661; THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH
88.43'40" EAST, 768.60 FEET TO THE SOUTHEASTERLY CORNER OF THAT CERTAIN
PARCEL OF LAND CONVEYED TO WILLIAM SZABO, ET UX, BY DEED RECORDED JUNE 11,
19S6, IN BOOK 6134, PAGE 239 OF OFFICIAL RECORDS AND THE TRUE POINT OF
BEGINNING: THENCE ALONG THE EASTERLY LINE OF SAID SZABO'S LAND NORTH
IS'IS'08" WEST, 292.21 FEET TO THE CENTER LINE OF THAT CERTAIN 60.00 FOOT
STRIP OF LAND SHOWN AND DESIGNATED ON SAID RECORD OF SURVEY MAP NO. 3661
AS "EXISTING EASEMENT RESERVED FOR ROAD", BEING A POINT ON THE ARC OF A
200.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THE CENTER OF WHICH BEARS
NORTH IS'IS'08" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE,
BEING ALONG THE CENTER LINE OF SAID 60.00 FOOT EASEMENT 151.76 FEET
THROUGH A CENTRAL ANGLE OF 43'28'32" TO THE END THEREOF; THENCE RADIAL TO
SAID CURVE SOUTH S8'43'40" EAST, 30.00 FEET TO THE NORTHEASTERLY TERMINUS
OF A CURVE THAT IS CONCENTRIC TO LAST DESCRIBED CURVE; THENCE SOUTH
22'S8'40" EAST, TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 1 DISTANT
THEREON SOUTH 88'43'40" EAST, 219.95 FEET FROM THE TRUE POINT OF
BEGINNING; THENCE NORTH 88043'40" WEST, TO THE TRUE POINT OF BEGINNING.
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, GENEJ1AL. ACKNOWLEDGMENT
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PARTNERSHIP ACKNOWLEDGMENT
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the within instrument, and acknowledged that
executed it.
WITNESS my hand
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OFFICIAl SEAL
NADINE 1(,\jH,\~iri[ i1iCKS *
NOTARY puauc. C!C,Ci;~i1', *
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On this the ____day of
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before me, *
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the udersigned Notary Public, personnally appeared
[] personally known to me
[] proved to me on the basis of
to be the person(s) who executed
on behalf of the partnership and
the partnership executed it.
WITNESS my hand and official seal.
satisfactory evidence
the within instrument
acknowledged to me that
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CORPORATE ACKNOWLEDGMENT
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* State of
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On this the ____day of
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[] proved to me on the basis of satisfactory evidence to *
be the person(s) who executed the within instrument as *
or on behalf of the corporation *
therein named, and acknowledged to me that the corporation*
executed it. *
WITNESS my hand and official seal. *
the udersigned Notary Public, personnally appeared
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* Notary's Signature *
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