Declaration of Covenants for Underground Utility Improvements and Waiver of Protest 1989-257177
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OFFlCI4L R~":CaRDS
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RECORDING REQUE~T BY;
CITY OF POWAY
WHEN RECORDED MAIL TO:
C!TY CLERK
C!TY OF ,POWA Y
P.O BOX 789
POWAY, CA 92064
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8~KAY 16 AI'M:i57
I VERA L. LYLE;_I
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(This Space for Recorder~s_Use)
FEES, $
DECLARATION OF COVENANTS FOR UNDERGROUND UTILITY IMPROVEMENTS AND
WAIVER OF PROTEST (UW 89-01/MDRA 88-198/VAR 88-12)
WHEREAS, Paul N. Alsing and Judith A. Alsing, husband and wife as joint
'tenants is the owner of real property described in Exhibit A which is attached
hereto and made a part hereof and which is commonly ~ri'own as Assessor's Parcel
Number 321-180-03.
WHEREAS, in 1 ieu of the immedi,ate installation and dedication of underground
utility improvements 6n 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
sha 11 be he 1 d, conveyed, hYpothecated o.!"enc~lTIbered" 1 eased, rented, used,
occupied and -improved, subject to the following covenants, which shall run with
the landand,:snall be bi~dtng on all parties having or acquiring any right,
title or interest in th!! descrip~d land or any par.t thereof.
No protes.t shall be made'by th~ owner to any proceedings for the instal'l ation or
ac qll is i ti on of underground uti 1 ityimprovements on the property des.cribed above
under any spechT 'assessment proceed,i ng;;, whether conducted pursuant to the
Impr.ovement Act of 1911 or the Mu~icipal Improvement Act of 1913, or any other
applicable State or 'local law, and ,whe,therprocessed by the City of' Poway or any
other governmental entity having jurisdiction in the matter and for the purposes
of d,t,e,i,i" p,o"ety ,."e '"ppoet foe (:"'~",
Dated. )-//-11 ~,
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Dated: ;-/ 1/./ n
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1687
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SCHEDULE A
PART II
4. THE LAND REfERRED TO IN T~IS POLICY IS SITUATED IN THE COUNTY Of
SAN DIEGO, STATE 0E' CALIfORNIA, AND IS DESCRIBED AS fOLLOWS:
PA~RCEL 1:
THE SOUTHERLY 152.62 fEET Of THE WESTERLY 269 fEET Of THE
NORTHWEST QP.i..fddi. Of THE SOUTHWEST QUARTER ~Of LO'r3 (THE' -
NORTHWEST QUARTER Of THE ,SOUTHWEST QUARTER) IN SECTION 7,
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TOWNSHI)? 14, SOUTH, ,RANGE~1 WEST, SAW'BERNARDI:NO- MERIDIAN, IN~ THE
CITY Ofl:'OWAY., COUNTY Of SAN DIEGO, STATE Of CALIfORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED fEBRUARY
24, i876.
EXCEPTING THE NORTHERLY 52.62 fEET Of THE WESTERLY 205 fEET Of
SAID SOUTHERLY 152.62 fEET.
PARCEL 2:
AN EASEMENT fOR ROAD AND PUBLIC UTILITY PURPOSED OVER. UNDER.
UPO~ AND ACROSS ALL THAT PORTION Of THE WESTERLY 30 fEET Of THE
NORTHWEST QUARTER Of TH SOUTHWEST QUARTER Of SAID LOT 3, LYING
NORTHERLY Of THE NORTHERLY LINE Of THE PROPERTY DESCRIBED IN
PARCEL 1 ABOVE.
PARCEL 3:
AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER,
UPON, AND ACROSS THE SOUTH 45.00 fEET OF THE WEST 60.00 FEET OF
THE NORTH HALF OF SAID LOT 3.
PARCEL 4:
AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER,
UPON, AND ACROSS AS STRIP OF LAND 60.00 FEET OF EVEN WIDTH,
,LOCATED WITHIN THE EAST HALF OF THE SOUTHEAST QUARTER' OF SECTION
12 TOWNSHIP 14 SOUTH, RANGE 2 WEST SAN BERNARDINO MERIDIAN, IN
THE COUNTY OF SAN'DIEGO, STATE OF CALIFORNIA, ACCORDING TO
UNITED STATES GOVERNMENT SURVEY APPROV~D SEPTEMBER II, 1879,
SAID 60.00 FOOT STRIP LYING 30.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTER LINE:
STE"'AHT TIT!..
OUA-HASTY" COMI"4.SY
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EXHIBiT A
~ persQRally kno....n to n,e
~proved to me on the basis of satisfactory evidence
'tcf b~ the person(s) whose name(sl) ,~ subscribed
to the with i n ins trument, and acknowl edged that.::::f!-;f, 7
executed it.. - *
WITNESS my hand and offjcial seal. *
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~2~ER;~..ACKNOWLEDGMENT ,
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*:State of lb~
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OFFICIAL SEAL
P,H)(lLlSeAROl,MANFUl
f-JOT/IR'(, PUBLIC. C;;L1FOJ<N1A
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. SAN. DIEGO cour:TY I'
iitromm. expires fWV 29, lS2:j
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. 1688
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,. this the If=- day of
SS.
'fJlfyt.,uS (! 11/2 0(" m ft/VFU L
the undersigned Notary Public, personally
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19 ~, before me, *
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PARTNERSHIP ACKNOWLEDGMENT
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* State of
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appeared
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* Ng.tary' s Signature *
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''"?IIVL /1/ IlLS/IV6- ~ 'TV(}/TI-I 14. FlL!!.//V6--., *
On this the
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day of
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CORPORA1E,ACKNOWLEDGMENT
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* S ta t e of
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[J proved to me on the basis of satisfactory eviden~e to *
be the person(s) who e1<ecuted the within instrument as *
or on behalf of the corporation *
there in named, and acknowl edged to me tha t the corpora ti on *
e~ecuted it. *
WITNESS my hand and official seal. *
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Notary"s Signature *
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the uqdersigned Notary Publ'tc, personally appeared
[Jpersonally known to me
[J proved to me on the basis of satisfactory evidence *
to be the person(s) who ~xecuted the within instrument *
on behalf of the partnership, and acknowledged to me that *
the partnership exec~ted ft. *
WITNESS my hand and offi c,i al seal. *
On this the _____ day of
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19
before me, *
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the undersigned NotaryPub,l ic, personally appeared
[J personally known to me