Declaration of Covenants for Underground Utility Improvements and Waiver of Protest 1990-441799
1539
9r- 441799
r-" 0/ IJ /ilt..J 70 f
I "i COIWEtl'IN . T f
- r~r; It-; .....1 . p:;-('on[]~ I
" ' ; _ _ _ '_" {.\ ,'_ ,'L . _. ~.)-
; "-,r- ,. j.' r-'I<~f'r_ C"!IU'''Y ,>:t .
'c. ,,' ~ '.," ",jo ,.l}Jni . "H i
RECORDING REQUEST BY:
CITY OF POWAY
~
CITY CLERK
CITY OF POWAY
P.O BOX 789
POWAY, CA 92064
)
)
)
)
)
)
)
)
)
)
)
)
1990 AUG 13 PH 3: 02
WHEN RECORDED MAIL TO:
I _YfYIL LLn E" I
~UN I '( R[COROr~
\.
(This Space for Recorder's Use)
FEES $
.
'iE3F 5
~R 3
WitP
DECLARATION OF COVENANTS FOR UNDERGROUND UTILITY IMPROVEMENTS AND
WAIVER OF PROTEST (TPM 89-07)
WHEREAS, Animal Keeper, Inc., a California Corporation 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 Parcels 1 and 2 of Parcel Map 16072, Assessor's
Parcel Number 317-151-38.
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
::t:::ennlnlng ;:~Ie_r;: owner support for sam~ L~~OJ
OWNER (Notarize)
STEVE LUNCEFORD
Secretary/Treasurer
Animal Keeper I Inc.
lL<\O
EXHIBIT "A"
A portion ot the southw..t Quartar ot section 14, Township 14
South, Range 2 West, San Bernardino Meridian, accordlng to
Official Plat thereof, described as follows:
Beginning at the Northeasterly corner of Record of survey llo.
3525, riled in the office of County Recorder of San Diego county,
being the Northeasterly corner ot the land described in deed to
poway Municipal w~ter District, recorded september 29, 1954 as
Document No. 1297S9 of Official Records; thence along the
Northerly prolongation of the Easterly 11ne of said land, North
0-42131" East, 375.27 feet to a point 1n the arc of a 2450.00
foot radius curve, concave Southerly in the Southerly 11ne of
Road Survey No. 1713, described 1n deed to County of San Diego,
recorded June 5, 1963 as Document No. 98211 of Official Records;
thence westerly along said ~urve 211.84 feet through an anqle of
4.5711511; thence leaving said Southerly line South 34.06' 50" West
297.56 feet to the TRUE POINT OF BEGINNING; thence south
3"'.06'50" West, 280.00 feet; thence South 21.06'58" West, 30.00
feet to the center line of the 40.00 foot right of way described
in deed to the County of San Diego, recorded in Book 338, page
87 of Deeds; thence South 68.53'10" East along said center line
to an angle point and North 85'24'31" East to the Southerly pro-
longation of the Weeterly 11ne of said poway Municipal Water
Oistrict land; thence "orth 0"42'31" East, Record North 0.43'
East, along said prolongation 30 feet more or less, to the
southwest corner of said land; thence North 0.42'31" East, 217.80
feet to the Northwest corner of B~id land; thence North
55'49'14" West, 207.80 feet to the TRUE POINT OF BEGINNING.
PARCEL 2 OF PARCEL MAP NO. 16072, IN TilE CITY OF POWAY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, AS FILED IN THE OFFICE OF TilE COUNTY
RECORDER OF SAN DIEGO COUNTY, MAY 2, 1990.
GENERAL.ACK~JWLEDGMENT
1541
'Ie * 'Ie 'Ie 'Ie * * * * 'Ie * * * * * * * 'Ie
* * * * * * * * * * * * * * 'Ie
t 'Ie * *
* * * * * * * 'Ie *
before me, *
*
* State of
\"" thi s the
day of
19
*
) SS.
)
I< County of
*
*
*
the undersi9ned Notary Public, personally appeared
*.
*
*
*
*
I<
*
I<
I<
[] personally known to me
[] proved to me on the basis of satisfactory evidence
to be the person{s) whose name{s) subscribed
to the within instrument, and acknowledged that
executed it.
WITNESS my hand and official seal.
* I<
* Notary's Signature I<
';* * * * * * 'Ie * 'Ie * * * * * * 'Ie 'Ie * 'Ie 'Ie 'Ie * 'Ie 'Ie 'Ie * * 'Ie 'Ie * * 'Ie * 'Ie 'Ie 'Ie 'Ie 'Ie 'Ie 'Ie * * 'Ie 'Ie * * 'Ie 'Ie
PARTNERSHIP ACKNOWLEDGMENT
* 'Ie 'Ie 'Ie 'Ie 'Ie 'Ie * * * * * 'Ie 'Ie 'Ie 'Ie 'Ie 'Ie 'Ie * 'Ie * 'Ie 'Ie . 'Ie 'Ie 'Ie 'Ie * 'Ie * * 'Ie 'Ie * 'Ie * 'Ie * 'Ie 'Ie 'Ie * * 'Ie 'Ie *
. I< State of
On this the day of
)SS. -
)
19 ___, before me, I<
I<
I<
* County of
*
"
I<
"
"
"
"
I<
I<
*
*
"
*
I< Notary's Signature
'Ie 'Ie * 'Ie * 'Ie * * * * * * * 'Ie * 'Ie * * * 'Ie 'Ie 'Ie * * * 'Ie * 'Ie 'Ie * 'Ie 'Ie * 'Ie * * * * * * 'Ie * * * * *
the undersigned Notary Public, personally 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.
CORPORATE ACKNOWLEDGMENT
* * * 'Ie * * * * * * * * * * * * * * * * * * * * 'Ie * * * * * *
" State of (l.f/LlFOrZ/v114 On this the -s/Ji day of
" ) SS.
)
* *.* * * * * * * * * * * *
:TUL-I"
19~, before
"
I<
County of ::SPtN \) I~ G D
.--:;:wrrLLts. (21f/ZOL mANFUL
the undersigned Notary Public, personally appeared
I<
"
"
"
"
*
"
I<
"
"
"
"
"
.
I<
,Sn;:IIG I.- UA/t!.6F'LilZJ) I<
I<
% personally known to me :
-a Ilre...~d to, n,! on th~ bilJi3 of 3ati5fa€tg~y ~vid9R€.e to I<
be the persopCs) who executed the within Instrument as I<
S~U~71f1('f ITtteIlStlIU:!Z or on beha 1f of the corporati on I<
therein named, and acknowledged to me that the corporation"
executed It. I<
W NE my hand and official seal. I<
&uf
OFFICIAL SEAL
PHYLLIS CAROL MANFUL
NOTARY PUBLIC - CALlFORNIA
Si1N DIEGO COUNTY
My camm. 'expires N.QV 29. 1991
e,
"m. ...
. .
, .'
Signature
+ + + + + + + + + + + + + + + + + + . + + ~ L .. . .
* * * * * * * * * * * + * + + + + + + + +
I<
I<
*
I<
I<
I<
I<
I<
I<
I<
I<
I<
I<
"
I<
I<
I<
I<
I<
I<
I<
I<
I<
I<
I<
I<
I<
I<
I< I<
I< * *
me, *
I<
*
*
I<
*
*