Declaration of Covenants for Underground Utility Improvements and Waiver of Protest 1989-063142
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RECORDING REQUEST BY:
CHY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P,O 80X 789
POWAY, CA 92064
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DECLARATION OF COVENANTS FOR UNDERGROUND UTILITY IMPROVEMENTS AND
WAIVER OF PROTEST UW 88-10 (CUP 88-14/DR 88-17)
WHEREAS, First Church of Christ Scientist Poway-Rancho Bernardo 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 Assessor's Parcel Number 275-510-12,
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 decl ares that a,l1 the property described above \;s l1eJ,Q, 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
of determining property owner support for same,
Dated:
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Property Owne
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DESCRIPTION
That portion of Lot 4 of Fractional Section 26. Township 13
South, Range 2 west, San Bernardino Mer.idian., County of San
Diego. State of California, according to United States
Government Survey approved April 22, 1876. described as
follows:
Beginning at the intersection of the Southerly line of said
Fractional Section 26, with the Easterly boundary of Rancho
San Bernardo as said intersection is shown on Map of valle
verde Estates. unit No.1, according to Map thereof No. 4185,
recorded in the Office of the Recorder of said San Diego
County, thence No.therly along the Easterly boundary of said
Rancho San Bernardo, North 13015'43" East, 660.00 feet to the
most Northerly corner of that certain parcel of land
described in deed recorded April 10, 1964, in the Office of
the Recorder of said San Diego County as Document No. 15121,
said corner being also the TRUE POINT OF BEGINNING; thence
continuing along said Easterly boundary of Rancho San
Bernardo, North 13"15'43" East, 488.05 feet, more or less, to
the Southwesterly corner of said valle verde Estates Unit No.
1; thence along the southwesterly boundary of: said Valle
verde Estates Unit No.1, South 52026'57" East, 419.70 feet
to the most Southerly corner of Lot 18 of said va~le verde
Estates, Unit No.1; thence leaving said boundary, South
41014'30" West, 450.59 feet to a point on the Northeasterly
line of that parcel of land described in said Document No.
65121 which point lies South 51"00' East, 190.00 feet from
the TRUE POINT OF BEGINNING; thence along said Northeasterly
line, North 51000'OQ" West, 190.00 feet to the TRUE POINT OF
BEGINNING.
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_ EXHIBIT A
County of
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this the
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l:'..)f*.t,.*'**'*'*'W''A'....*
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day of
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19 _, before me, .
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the undersigned Notary Public, personally appeared
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· Notary's Signature
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o personally known to me
o proved to me on the basis of satisfactory evidence
to be the person(s) whose narre(s) subscribed .
to the within instrument, and acknowledged that .
~tedit. .
WI'lNESS my hand and official seal. .
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PAR'INERSHIP ~
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County of
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On this the day of 19 _, before me, .
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the undersigned Notary Public, personally appeared
State of
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o personally known to me
· Notary's Signature
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o proved to Ire 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. .
WI'INESS my hand and official seal. ..
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CORPORATE ~
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.. State of C"lJL-J P
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.. County of ~"J ?II cO (;..()
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On this the 3t) day of ~ ' 19 ~, before me, *
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the undersigned Notary Public, personally appeared *
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OFFICIAL SEAL
SANDRA l lEONARD
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY
My comm, expires MAR 31, 1989
o personally known to me
l\i( proved to me on the basis of satisfactory evidence to
~ the person(~ who executed the within instrument as
ell JCJ I It. mAN Eft" on behalf of the corporation
therein narred, and acknowledged to me that the corporation ..
executed it. ..
WI'lNESS my hand and official ..
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(6/84)
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RESOLUTION NO, P~9-05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING UNDERGROUND WAIVER 88-10
ASSESSOR'S PARCEL NUM8ER 275-510-12
WHEREAS, Undergrounding Waiver 88-10, submitted by First Church of Christ
Scientist, applicant, requests a waiver of the requirement for undergrounding
overhead utility lines on a parcel at 16315 Pomerado Road; and
WHEREAS, on January 17, 1989, the City Council held a hearing on the above-
referenced item,
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findings:
This project is categorically exempt from Environmental Review under CEQA
Class 1 because it will involve the operation of existing electrical faci-
lities with no expansion of use beyond that currently existing,
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Section 2: Findings:
The project is consistent with City Council Resolution P-86-072 which
established criteria for the waiver of undergrounding requirements in that:
1, The property is located in an area of predominantly overhead service
and no new poles will be added,
2, The lines are not located along a Circulation Element Road,
Section 3: City Council Decision:
The City Council hereby approves Underground Waiver 88-10 subject to the
following conditions:
1. Within 30 days of approval the applicant shall submit in writing
that all conditions of approval have been read and understood,
2. Prior to a Certificate of Occupancy for the new sanctuary building, a
deed covenant shall be recorded which states the applicant will not
oppose any future undergrounding district and agrees to pay a pro rata
share of any future undergrounding costs, .
3, This waiver Shall apply only to tnose utilities along the eastern pro-
perty line and any other overhead utilities, including any new ser-
vices, Shall be placed underground.
4.
All other conditions of Resolution P-88-108 shall still apply,
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Resolution No. P~89-05
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APPROVED and
Cal ifornia, this
ADOPTED by the City Council of the City of Poway,
17th doy of ,"""",y, 1989, Q,c",,~
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Carl R. Kruse, Mayor
State of
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ATTEST:
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Marjorie K, Wahlsten, City Clerk
STATE OF CALIFORNIA
ss,
COUNTY OF SAN DIEGO
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I, Marjorie K, Wahlsten, City Clerk of the City of Poway, do hereby certify,
under the penalty of perjury, that the foregoing Resolution, No'. P-89-05 ,was
duly adopted by the City Council at a meeting of said City Council held on the
l~day of January ,1989, and that it was so adopted by the following
\fote:
AYES:
NOES:
ABSTAIN:
BRANNON, EMERY, GOLDSMITH, HIGGINSON, KRUSE
NONE
NONE
NONE
ABSENT:
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MarJorle K. Wahlsten, Clty ClerK
City of Poway
R/R-1-17 ,1-2