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Declaration of Covenants for Underground Utility Improvements and Waiver of Protest 1990-506936 ~ :JU/j936 -/0- 1469 -~ 9~- ~ <;'7./ i ',:,G,',lOEOIN /~ , '"I. nECOrWS ';OJ !;[l'!/HY. CA. RECORDING REQUEST BY: CITY OF POWAY ) ) ) ) ) ) ) ) ) ) ) ) IjSO Sf? 17 A.~ I(): 40 VERA L. LYLE;~ I ...!:'()(JIiTY RtCORDt]Lj WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O BOX 789 POWAY, CA 92064 (This Space for Recorder's Use) RF 6 AR 4 MG 1 FEES $ DECLARATION OF COVENANTS FOR UNDERGROUND UTILITY IMPROVEMENTS AND WAIVER OF PROTEST (UW 90-01) WHEREAS, Gary R. Trowbridge, a single man as to an undivided 1/2 interest; Ray D. Trowbridge and Bonnie M. Trowbridge, husband and wife as joint tenants, as to an undivided 1/2 interest are the owners 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 321-110-33. 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 cove- nants 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: r //0/90 Dated: 91/0 /90 , / I Dated: CJ /I~ /'70 . f ~~~,./~~ otari ze . /7 I, / '.,. .~ 1476C ( - CLTA STANDARD COVERAGE - 1988 SCHEDULE C The land referred to in this policy is described as follows: . . PARCEL 1: Those portions of Lots 1 and 2 in Section 4, Township 14 south, Range 1 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to Official plat thereof, described as follows: Commencing at the Northwest corner of said Lot 1; thence along the Northerly line of said Section, 4, South 89'41'40" East 907.84 feet to the Northeast corner of land described in Parcel 1 in Quitclaim Deed to stella H. Quate, recorded March 23, 1971 as File No. 055596 of Official Records; thence retracing along said Northerly line, North 89'4l'40" West, 715.00 feet to the TRUE POINT OF BEGINNING; thence continuing along said Northerly line, North 89'41'40" West, 452.56 feet to the most Westerly corner of said Quate's land and being a point herein designated as Point X; thence along the Southwesterly boundary of said Parcell of Quate's land as follows: South 23'30'20" East, (Deed - South 23'20'20" East), 86.78 feet to the beginning of a tangent 158.37 foot radius curve, concave Northeasterly, Southeasterly along the arc of said curve through a central angle of 38'52'10" a distance of 107.44 feet, tangent to said curve South 62'22'30" East, 102.65 feet to the beginning of a tangent 370.00 foot radius curve, concave Southwesterly, Southeasterly along the arc of said curve through a central angle of 15'32'50" a distance of 100.40 feet, tangent to said curve South 46'49'40" East, 95.00 feet to the beginning of a 1000.00 foot radius curve, concve Southwesterly, Southeasterly along the arc of said curve through a central angle of 04'54'50" a distance of 85.76 feet to an intersection with a line which bears South 01'11'19" East, parallel with the Easterly line of said Parcell of Quate's land, from the TRUE POINT OF BEGINNING; thence along said parallel line, North 01'll'19" West, 445.66 feet to the TRUE POINT OF BEGINNING. GENERJ.'.. 10\,' *" 111: ~ .,,,uILEDGMENT * * ~ * *' *" * *" * * * 1*4.7 J * *" * * i:: * * * * * * * * * thi s the It) day of ~,~ 19 7", before /lc!efa;d-e.- S DPrJ/lJEJ I undersigned Notary Public, personally appeared l1ay TyotA)bv;c/~~ [] personally known to me * * * * * * * * * * * * * * :itate of 641../ ~/II/19 ) SS. County of 691tJ ~IE60 ) the * * * * * * * * * * * * * * ,* * * * * * * * * * * * * * * * * me, * * * * * * * * * ~ proved to me on the basis of satisfactory evidence * to be the personfst whose name~ ~ sub~cribed * to the within instrument, and acknowledged that ~ * executed it. * W~ITNES hand an.d official seal. ~ * ~~ Cf L~d{ : N ry s Signature ~ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * @ OFFICIAL SEAl . . ADElAIDE S CONNEll . Notcly PublIc-CaIfomla . SAN QIEGO COUMY . My ColT<r*siOn _.. . ,.tr;J~?::~~~!:~:", PARTNERSHIP ACKNOWLEDGMENT * * * * * * * * * * * * * * * * State of f!fiL/~-tJ//J- * : County of 5'itlN tJd70 * * * * * * * * * * * * * * * * * tRPOR * * * Sta * * C . * * * * " *. * * * * * [] personally known to me * ~ proved to me on the basis of satisfactory evidence * to be the person~ who executed the within instrument * on behalf of the partnership, and acknowledged to me that * the partnership executed it. * WITNEss~and and official seal. * ~c4 d. t~ : Notary s Signature * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * STATE OF CALlFQRtJ!.A'''''1E'6 cJ } 55. COUNTY OF C;v9n/1'-' d On It) -HJOt"S~'I7f&?1if"'- 19% before me, the un er- :::( signed Notary Public, personally appeared l !~~,~or~=)~;~~~:f ~ ((lEI J~.'''' __ whose 15 satisfactory evide!lQ!) to be the person d ~ n;me ( < subscribed to the within instrument an " kid d th t /I J executed the same. W ac now e ge a __ ~ o z '" ~ ~- , OFFICIAL SEAl ~. ADElAIDE S CONNal , ..' Notcly ~ . . SAN DlEOO COUNTY , .' My ComrrlIoIon flqllroo @ - ", "" ~, - -~ ~ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * On thi s the ..l..f;L day of ~&er 19 90, before me, * ) SS. /JJ. . / ~ /7 ' // * ) Hae:I:i?IC('t; Q). Ltt;IV/lJ6/' * the undersigned Notary Public, personally appeared * 88 NAJ~~ ~. '7f-tJvc)br;c4 'C: : * * (SEAL) * * * * :!: me, * * * * * * * * * to * * on * tion * * * @ o~ SEAl. . > ADElAIDE S CONNal > Notav P\dO-CaIfom/<l . , SAN llEOO ~ ~ :'~2. 19~3 =- SIGNATURakdf ~ ~ SAV-193 (If.lO) OHomeFedBank * * * * * * * * * * * * * * * * * * * * + Notary's Signature + + + + + + + + + + + + + + + + + + + + + + + + + ~ -~ . . .