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Declaration of Covenants for Underground Utility Improvements and Waiver of Protest 1991-0526943 RECORDING 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 ) 1103 Lr ",,'_ ~, to; 1991~O:~26943 CT-199: 08:12 ~.~ F ..i.....>.- :- .,p .C: tJ~ ~ c t-jr ?~; ---- "I( (This space for Recorder's Use) , j\ ,/ I~ f I"~ il , DECLARATION OF COVENANTS FOR UNDERGROUND UTILITY IMPROVEMENTS AND WAIVER OF PROTEST (MDRA 91-51) 71\ WHEREAS, Ross Rizzo, as his sole and separate property is the owner of real property described in Exhibit A which is attached hereto and made a part hereof and which is convnon1y known as Assessor's Parcel Number 273-100-24, located at 13150 Old Winery Road, Poway, CA. WHEREAS, in lieu of the immediate installation and dedication of underground ut i 1 i ty improvements on the property descr ibed 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: /f)!~/ q; f/z6/o/ / jJt:o,.!!::r, Dated: CITY OF POWAY (NO~N~~;~ By 1104 / ORDER NO.: 15780-32 EXHIBIT !lA" PARCEl, J.: PARCEL 2 OF PARCEL MAP NO. ~07~O, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 20, ~980 AS FIT~/PAGE NO. 80-392006 OF OFFICIAL RECORDS. GENEJl,AL'A'"".._ilLEDGMENT * * * * * * * * * * * * * * * ~ * .state: of .(')~ : County of ~ A9..ur. ~ SS. * * * * * * * * * OFFICIAL SEAL PHYLLIS CAROL MANFUL NOTARY PUBLIC - CAL1FORNIA SiAN DIEGO COUNTY My comm. expires NOV 29. 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * J1 aa * * ~ * * * * * * * * * * * * * * On this the ~~ay of LP~ 19~, before me, * * ~H'iu...I..s CA-t2oL vnPrNrCUI-- * the udersigned Notary Public, personnally appeared * * '?oss 'l?IZZ-D * * -B Ilerso"all.l' known to me ~ proved to me on the basis of satisfactory evidence be the person(s) whose name(s) I S subscribed the within instrument, and acknowledged that H~ executed it. WITNESS my hand and official seal. * * to * to * * * * * G?~~tur(~~ : * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PARTNERSHIP ACKNOWLEDGMENT * * * * * * * * * * * * * * * State of * * County of * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ) ) SS. On this the ____day of 19 before me, * * * the udersigned Notary Public, personnally appeared * * * * * * * * * * * [] personally known to me [] proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of the partnership and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. * * * * * * * Notary's Signature * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * .' CORPORATE ACKNOWLEDGMENT * * * * * * * * * * * * * * * State of * * County of * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ) ) SS. On this the ____day of 19 before me, * * * * the udersigned Notary Public, personnally appeared * * * * * [] personally known to me [] 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. * * * * * Notary's Signature * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *