Declaration of Covenants for Underground Improvements 1987-279374
.
o
1536
B1a27937~
. 1-"(""""""1
:':.~, :r: :L I J I, ~
(JF"i iClt.l. ii:.CL;i~l):i
,t S" I' '11' .., "Ol"'/I ' ,'.
..., ,'n \ t.U.J \... " I.!."
1987 HAY 20 PH 12: 44
RECORDED AS A BENEFIT TO THE CITY OF POWAY
~NG !reQUESTED BY
When recorded, please mail to:
City of Poway
P.O. Box 785
Poway, Ca. 92064
Attn: City Clerk
~\"-IH' 1'...2J "
l~ .}\ L. ..1 I t" ['/ '1
COUt; I Y Iii COEIJI It I V ~.b
, C)I..l,\,1
iJ; ';
~
NO FE.E.
DECLARATION OF COVENANTS FOR UNDERGROUND IMPROVEMENTS
CUP 86-09
Whereas, OAK KNOLL COUNTRY DAY SCHOOL are owners of the
following described property:
All that portion of the Southwest Quarter of Section 14 of the
Northwest Quarter of Section 23, all in Township 14 South. Range 2
\.Jest, San Bernal'ulno Heridian, i.n lhc Ctty of l'o\vay) lilf' County of
San Diego, State of California, according to the official plat of
said land filed in the District Land Office, October 28, 1879,
described as follows:
Beginning at the corner common to Sections 11" 15, 22 and 23 in said
Township 14 South, Range 2 West, San Bernardino Meridian, said corner
being also a point i.n the \olesterly line of that certain tract of land
conveyed to John Lawson by Deed recorded in Book 701, Page 117 of
Deeds, records of said San Diego County; thence along said West line
of said Lawson land South 00 degrees 26'05" East (record South 00
degrees 30'00" East) 253.60 feet; thence along the South line of said
Lnwson land NortJl 87 degrees 03'0011 l~Rst (r~~cord North 85 degrees
00'00" East) 355.84 feet to the Southwesterly corner or the land
described in Deed to Harry D. Doucett and wife, recorded February 27,
1958, as Document No. 32599, in Book 6971, Page 188 of officia.1
records; being the true point of beginning; thence along the WesLerly
line of said DOllceLt land North 00 degrees 42'10" East 329.66 feet to
all angle point thereIn; Lhence continuing along said Westerly line
North 50 degrees 05'30" East 135.75 feet to the most Northerly corner
of said Doucett land being also a point in the center line of the 40
fooL Coullty Road known os Miramar Road as descrihed in said Deed to
Lawson; thence along said center line South 68 degrees 53'10" East
47.42 feet to the Northwesterly corner of laud described in Deed to
Robert Anaya and wife recorded October 10, 1963 os File No. 181098 of
official records; thence along Lhe Westerly line of said land South
16 degrees 49'50" West 415.81 feet to said Southerly line of Lawson
lond; Lhence along said Southerly line South 87 degrees 03'00" West
32.06 feet to the true point of beginning.
~
.
~
1537
.
and
WHEREAS, the owners seek a change affecting said property to wit:
To improve said property having filed CUP No. 86-~ which was approved
by the City Council, City of Poway, on October 7, 1986, which change
will cause additional burdens on the City of Poway; and
WHEREAS, the City of Poway is empowered to prevent said change,
or to deny or withhold its consent to the proposed change, as the case
may be, until the owners provide such underground improvements as will
alleviate such burdens; and,
WHEREAS, the installation by owners of underground improvements
is a reasonable condition to the granting of authority for said change
by the City of Poway; and
WHEREAS, in lieu of the immediate installation and dedication of
said underground improvements, it is the desire and intention of the
owners to impose upon the property described above these covenants for
future improvements for the benefit of the City of Poway;
NOW THEREFORE
The owners hereby declare 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 lands or any part thereof.
'.
\:
.
v.
1538.
No protest shall be made by the owners to any proceedings for the
installation or acquisition of underground improvements under any
special assessment proceedings, whether conducted pursuant to the
I~provement 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 owners support
for same.
IN WITNESS WHEREOF, the undersigned has executed this instrument
this
~d.....
day 0 f /1'~ V> " II , 'r
, 19~.
'},
ACKNOWLEDGED
Ci"~'~
. .
.
tl
-a;
~
"0
.;;
'5
E
,;
u
<(
N
'"
'"
,;
.
[!: "
"' "ii.
r-- ..
M Iii
.:,
<
()
.
STATE OF CALIFORNIA I
San Diego 55.
COUNTY OF
On this the 5th day of Janua.!'y
Notary Public in and for said County and State, personally appeared
_Mar'y-'J'",m~y.o
, personally known
to me or proved to me on the basis of satisfactory evidence to be the
person_ whose name i ~_ subscribed to the within instrument
and acknowledged that sh~t e~uted t~e same.
~~V~
Diane Spiers Signature of Notary
.
"
1539
@J ~~s~Rllg
19~2., before me the undersigned, a
FOR NOTARY SEAL OR STAMP
~--
U.' 1\'. 1 '''' AL
DIP \1: SPIi?S
r.101ARY '.1 A <: . CI,UFORNIA
SMI DIEGO CO~N1Y I
My comm. expires DEe 11. 1987
~~...