Declaration of Subscription of Territory to a Road Maintenance Agreement 1999-0098468
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DOC ~1999-0098468
RECORDING REQUESTED BY
CITYOFPOWAY
FEB 18. 1999 8:29
OFFICIAL RECORDS
SAN DIEGO COUNTV'RECORDER'S OFFICE
GREGORY J.SMITH, COI]TV RECORDER.
FEES: 28.00
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WHEN RECORDED MAtL TO:
CITY CLERK
CITY OF POWAY
P O. BOX 789
POW A ", CA. 92074
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1999.0098468
Above Spacefo.r Recorder's Use Only
t'l~ASE ,woe>< AS At ~seU!-/2~lnCiV
DECLARATION 'OFSUBSCRIPTION'OF TERRITORY
TO A ROAD MAINTENANCE AGREEMENT
This Declaration of Subscription of Territory to a Road Maintenance Agreement is,made
effective this Twenty Seventh day of January, 1999, by the undersigned: ROBERT H.
WILLIAMS, L.P., A CALIFORNIA LIMITED PARTNERSHIP, AS TO AN
UNDIVIDED 192/500TIiS INTEREST, DAVID HOMER WILLIAMS, L.P., A
CALIFORNIA LIMITED PARTNERSHIP, AS TO AN UNDIVIDED 116/500THS
INTEREST, AND JULIANNE WILLIAMS DEEN, A WIDOW, AS TO UN
UNDIVIDED 192/500THS INTEREST, ALL AS TENANTS IN COMMON,
(hereinafter collectively called "Declarant"):
This Declaration is made with reference to the following facts:
RECITALS
A. Declarant,is the owner of the real property located in the City of Poway, County
of San Diego, State of California, more particularly described in Exhibit "A"
("Properly") attached hereto.
B The Property is being subdivided and developed, as City of Po way Tentative Map
No.89-09 A COpy of said Map is attached hereto as Exhibit "B"
C The Property is the dominant tentament and enjoys the beneficial use and
enjoyment of that certain Easement for right-of-way for ingress and egress, road
and utility purposes, including but not limited to, electrical power, telephone, gas,
water, sewer and cable television lines, etc., and appurtenances thereto. The
Easement is described in Exhibit "c" attached hereto.
D Under the heading General Requirements and Approvals, in the Conditions of
Approval for Tental1ve Map No.89-09, Item No.6 requires that the Property
participate in the maintenance of the Easement'by subscribing to and making the
Properly subject to that certain Road Construction and Maintenance Agreement
covering the Easement recorded in the Office. of the County Recorder on June 26,
1984, Fi1e/Page,No. 84-238774 ("Road Maintenance Agreement").
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E. Declarant desires to comply with General Requirements and.Approvals, Item No.
6, of Map 89-09, and to subscribe to and!h(l make the Property subject to the
Road Maintenance Agreement pursuant to this Declaration of Subscription of
Territory to a Road Maintenance Agreement.
NOW THEREFORE, Declarant hereby declares as follows:
1 The foregoing Recitals are made a part of this Declaration.
2. Declarant hereby declares that said Property is held and shall be held conveyed,
sold, hypothecated, encumbered, leased, rented, used, occupied and improved, subject to the
provisions of this Declaration.
3 Declarant subscribes to, and shall be bound by all of the terms and conditions of
the Road Maintenance Agreement which pertain to maintenance of Del Poniente Road.
4 Each such term and condition of said Road Maintenance Agreement and each and
every provision of this Declaration shall be deemed and construed to run with the land and be a
restriction upon said Property and shall be binding upon and inure to the benefit of the
undersigned and his/her/their personal representatives, successors and assigns forever, until such
time as said private road shall .be dedicated to, and accepted for use as a public street or
thoroughfare by a municipal government lawfully exercising jurisdiction over said private road.
APPROVED:
CITY OF POW A Y
Approved as to Form.
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BY' ' .W,4.'f.--
Ci , ' omey
DAVID HOMER WILLIAMS, L.P
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BY' ELI ETH N WILLIAMS,
PRESIDENT OF HEW, INC
Its: General Partner
. ROBER. H. WILLIAMS
RESIDENT OF BCSW, INC.
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C~lIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California
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On-.. Uml1'll ;)7J98'lbefore me,
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of satisfactory
to be the persoiWll whose namek€;) is/aFe
subscribed to the' within instrument and
acknowledged to m~ thal'.l:+elshe/tl:le;4lxecuted
the same in" l:Iisfher/tj::teif authorized
capacitytlee-), and that by J:<is/her/.ll:leir
signature+8)-on the instrument the personkst, or
the entity upon behalfe)f which the personts)
acted, executed the instrument.
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Though the information be/ow is notieqUired by law, it may prove valuable'to'personsrelying on the document
and could "prevent fraudulent, removal and reattachment of this form to another document.
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Description of Attached ~cument ,
Title or Type of Document: ",rlo'fJ:he, o~' b~("r;o-h1:31 ,nt "Rrr/foy'iTJ a
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Document Date: Number of Pages:
Signer(s) Other Than Named Above:.
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Capacity(ies) Claimed by Signer
Signer's Name:
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RIGHT THUMBPRINT
OF SIGNER
Signer is Representing:
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@ 1997 National Notary-Association' 9350"Oe Solo Ave., p.o. Box 2402. Chatsworth, CA 913132402
Prod, No. 5907
Reorder: Call Toll-Free 1-800-876-6827
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California
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County of
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On, J()flfjtHJ :l 219'0,'before me,
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personally appeared
Name(s of Signer(s)
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~proved to me on the basis of satisfactory
evidence
to be the person.(87 whose nam~ is/2fe
subscribed to the within instrument and
acknowledged ,to 'me that he/sl:leIthey executed
the same in his/h~ir authorized
capacitY(iJ>B1, and that by his/hiWtIl€ir
signature(s}on,theinstrument the person.(s), or
the entity upon behalf of which the person(-s}
acted, executed the instrument.
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Though the information below.is.noue.9uiied by !aw, it may prove valuable to per~ons're{ying on the document
and could prevent fraudulent removal and reattachment of this forl7J to.~nother document.
Description of Attached Document !JRc.br;J-hOj of St.<6Sc,f'f,'ol of '/i?('//'fD1.J
Title or Type of Document: to a ~od I'i IYJfI ;;,Ifim(lp f1/'t1i?4I ('-:1- ~ 1
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Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
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Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Atlorney in Fact
o Trustee
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Signer Is Representing:
@ 1997 National Notary Association. 9350 De Solo Ave" P.O. Box 2402 . Chatsworth. CA 91313-2402
Prod. No. 5907
Reorder: Call Toll.Free '-800-876-6827
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California
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On ~!li.I(JJ71 d /, /90/ before me,
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personally appeared ~ ( Jlia/lfk1
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County of
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Name and Title of Qfficer (e.g.,
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acknowledged, t6 me thatJ:lefshetlRey executed
the same in I:>i5iher/~ authorized
capacity(iest, and that by .b.isfherltheir
signature{syon the instrument the person(s), or
the entity upon"behalf, of which the person(e7
acted, executed the instrument.
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Though the information below i~ optrequired by Jaw, it may prove valuable-to persons:refying onthe document
and could prevenf,fi'iw(Juleht:removaland reattachment of lhis.f()rni to another document.
Description of Attacheel Document j}c.b{Jf,~ 01 :iIWrc.'fJ-/-''Y) 0-/ Ter"~y
Title or Type of Document: --In (l f:n nrl !fhu;'~(,P !Ij r I.Pffll/i f
Number of Pages:
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@1997NationaINotaryAssocialion'9350DeSotoAve" P.O. Box 2402. Chatsworth, CA 913132402
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Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in ,Fact
o Trustee
o Guardj~n or Conservator
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Signer Is Representing:
Prod. No. 5907
Reorder: Call Toll-Free ,1,800-876-6827
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
PARCELS 1 THROUGH 4 INCLUSNE OF PARCEL MAP NO 8082, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE. COUNTY
RECORDER OF SAN DIEGO COUNTY, NOVEMBER 22, 1978 AS FILE NO 78-506038 OF
OFFICIAL RECORDS, AS CORRECTED BY CERTIFICATE OF CORRECTION
RECORDED NOVEMBER 7,1979 AS FILE NO 79-470263 OF OFFICIAL RECORDS.
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EXHIBIT B
10
3
5
7
TTM 89-09
Parcell
PM 10445
Del Poniente Road
Parcel 2
PM 13357
Parcel 3
Parcel 4
PM 5883
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Pl\114104
Parcel 2
Parcell
(OITs!tc Private Road TTM 89-09)
NOT TO SCALE
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EXIDBIT C
LEGAL DESCRIPTION OF THE EASEMENT
AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS, ROAD AND UTILITY
PURPOSES, INCLUDING BUT "NOT LIMITED TO ELECTRIC POWER, TELEPHONE, GAS,
WATER, SEWER AND CABLE TELEVISION LINES AND APPURTENANCES TIlERETO, OVER,
UNDER, ALONG AND ACROSS THAT PORTION OF ALL THAT PORTION OF LOT 2, SECTION
I, TOWNSHIP 14 SOUTH; RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN TIlE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF, MORE SPECIFICALLY DESCRIBED AS A 60 '00 FOOT STRIP OF LAND LYING
EQUALLY 30.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED LINE.
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION I, THENCE SOUTH 00
DEGREES 25 MINUTES 18 SECONDS EAST (RECORD - SOUTIlOO DEGREES OIMINUTES 00
SECONDS EAST PER RECORD OF'SURVEY 3612), ALONG TIlE EASTERLY LINE OF SAID
SECTION I, 1,29947 FEET TO APOINT ON THE ARC OF A 600.00 FOOT RADIUS CURVE, A
RADIAL FROM SAID POINT BEARS NORTIl 20 DEGREES 16 MINUTES.45 SECONDS EAST,
TIlENCE LEAVING SAID EASTERI_:VLINE, ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 08 DEGREES, 31 MINUTES, 08 SECONDS FOR AN ARC DISTANCE OF
89.21 FEET, TIlENCE NORTIl 61 DEGREES 12 MINUTES 07 SECONDS WEST, 295.02 FEET TO
THE BEGINNING OF A TANGENT 30000 FOOT RADIUS CURVE, CONCAVE
SOUTHWESTERLY, THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 27 DEGREES 35 MINUTES 26 SECONDS FOR AN ARC DISTANCE OF 14446,FEET,
THENCE NORTH 88 DEGREES 47 MINUTES 33 SECONDS WEST,841.27 FEET TO A POINT ON
THE EASTERLY LINE OF SAID LOT 2 SAID POINT LYING NORTH 00 DEGREES 18, MINUTES
42 SECONDS WEST, 238.08 FEET FROM TIlE SOUTHEAST CORNER OF SAID LOT 2, SAID
POINT BEING TIlE TRUE POINT OF BEGINNING, THENCE NORTH 88 DEGREES 47 MINUTES
33 SECONDS WEST, SIDELINES BEING PROLONGED AND SHORTENED SO AS TO BEGIN AT
SAID EASTERLY LINE OF. LOT.2, 267,09 FEET TO THE BEGINNING OF A TANGENT 200.00
FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, THENCE NORTHWESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 83 pEGREES 37 MINUTES 44
SECONDS FOR AN ARC DISTANCE OF 291.92 FEET, THENCE NORTH 05 DEGREES 09
MINUTES 49 SECONDS WEST TO THE BEGINNING OF A 500.00 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY, THENCE NORTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 45 DEGREES 13 MINUTES 57 SECONDS FOR AN
ARC DISTANCE OF 39473 FEET, TIlENCE NORTH 50 DEGREES 23 MINUTE~ 46 SECONDS
WEST, 39242 FEET l:O'THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY, TIlENCE NORTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 39 DEGREES 07 MINUTES 15 SECONDS FOR AN
ARC DISTANCE OF 136,56 FEET. THENCE NORTIl 89 DEGREES 31 MINUTES 01 SECONDS
WEST, 230.58 FEETTO THE POINT OF TERMINUS ON THE WESTERLY LINE OF SAID LOT 2,
SAID POINT BEING LOCATED SOUTH 00 DEGREES II MINUTES 55 SECONDS EAST, 30.00
FEET FROM THE NORTHwEST CORNER OF SAID LOT 2, SAID SIDELINES BEING
PROLONGED AND SHORTENED SO AS TO TERMINATE A TSAID WESTERLY LINE.