Declaration of Covenants for Street Improvements 1984-392326
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~ECORDED AS A BENEFIT TO CITY OF POWAY OFFiClf,L fiECOHDS
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When recorded, please mail to: 1984 OCT 17 A/1 9: I 9
City of poway ~VEf'/\ L.L:i.E~
P.O. Box 785 COUN r Y liCCOFDr.:fI
poway, CA 92064
ATTN: City Clerk I ~~ 5 1
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DECLARATION OF COVENANTS FOR STREET IMPROVEMENTS
T.P.M. 82-01
WHEREAS, .James L. McAfee and Mary S. McAfee, Husband and Wife
as Joint Tenants are owners of the following described property:
Parcel 8 of Record of Survey Map No. 3888 filed in the office of
the Recorder of San Diego County, California on March 28, 1956.
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and
WHEREAS, the owners seek a change affecting said property to
wit: To divide said property having filed Tentative Parcel Map No.
82-01 which was approved by the City Council of the City of Poway,
California, on March 23, 1982, 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 street improvements
as will alleviate such burdens; and,
WHEREAS, the installation by owners of street improvements
is a reasonable condition to granting of authority for said change
by the' City of poway and
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WHEREAS, in lieu of the immediate installation and dedication
of said street 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.
No protest shall be made by the owners to any proceedings for
the installation or acquisition of street improvements under any
special assessment proceedings, whether conducted pursuant to the
Improvement Act of 19l1 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 government entity having juris-
disction in the matter and for the purposes of determining property
owners support for same.
IN WITNESS WHEREOF, the undersigned has executed this instrument
this .2 day of .1)(/ (f , 1 9 g'2.-
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ACKNOWLEDGED Ma S. McAfee
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D~rector, Public Services (2 )
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": "",00' ~m,~ On this the ~ day of Yh/~ t/ff 19 P>:before me,
. County of( r;;;."j P/~ 55, 4~~
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t~erSigned Notary PU~s~peared
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~ persona y known to me
~- k proved to me on the basis of satisfac~idence
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.7.'" ~ I\^"H-/A E 'J'-IS"N to be the person(s) whose name(s) G- subscribed to the
./ ~I).":. .1"" ,',r ~I within instrument, and acknowledged that 7ifi:f executed it.
:;:Z:. ,.;'~~ NOTARy DUB' 'C - C'LiCOROJlA
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~b:~~.:..co",::~~: OCT ]3, ]983
_t.." 540 l..L!ureJ strEct, San Diego, CA 92110
~~~.- Notary's Signature
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GENERAL ACKNOWLEDGMENT FORM 71;0052 NATIONAL NOTARy ASSOCIATION. 23012 Ventura Blvd.. WOOdland Hills, CA 91364
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