Declaration of Covenants for Underground Utility Improvements and Waiver of Protest 1989-006637
f'
..... - "
.
1585
'8'9'nAc'6'3"7
~~\ ~:~ ; . :,...,u J:, f ~~.
RECORDING REQUEST BY:
CITY OF POWA Y
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O BOX 789
POWAY, CA (2064
1....'-=, ,." ,. ", !'--I
" T.t:~t,tAJhllE.Li ,oJ
:i;:"'F;;C!.\L m::.~':OHD~)
I..;.. ~-!,/\."nlt'i......'.r'pl;fLll""f,'
-;:~" :T'l-',~'(.'~I .tv ',," Cfl.H'I .. .....
8<1 -oO~d,37
[S69 J~N -5 PH' 2: 23
I _:VEri A l.. LYLE j
~UNTr PECQ!\OE!-j
(This Space for Recorder's Use)
mF ..J
AR -
MG -'
FEES $
DECLARATION OF COVENANTS FOR UNDERGROUND UTILITY IMPROVEMENTS AND
WAIVER OF PROTEST (M:lRA 88~162)
WHEREAS, Christian Schweizer and Mary Schweizer is the owner of real pro-
perty described in Exhibit A which is attached hereto and made a part hereof and
which is commonly known as Assessor's Parcel Number 321-020-40.
WHEREAS, in lieu of the immediate installation and dedication of underground
utility improvements on the property described a~ove, it is the desire and
i ntenti on of the owner to impose upon the proper.i;y 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 held, conveyed, hypothecated or encumbered, 1 eased, 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
ImprovemEint .Act of 1911 or tl'!e Muni c i pa 1 Improvement Act of 1913, .or. any o.thl:!!
applicable State or local law, and whether processe y the City of poway or any
other gover;n'm,enta1 entity having jurisdic,tion in. t e atter andjl fr the poses
of de'terminTrig property owner support for same.
Da.te,<j.: ~ 30. 1'1.130 ....--.
Property
Dated: AM
3D ;q ~g
.J
~L j.L_~
Prop Owner
-,
"
,
.
1586
.
STATE OFGALlFORNIA )
,COUNTY OF SAN'DIEGO )
On jJ~ .3 4 /j f}; , before me, the, unders.i;!jged., ,a ,Not~
for saId County and St te, personally appeared ~.
, ~ ' -
perso~a 'Y' now to me or pro ,e to me on
the basis of satisf,actory evidence to be
the p-erson IS' Whose name\~ubscribed to
,~",.thin~strum,ent ana-acknowledged that
. _ . . execu ted the same.
,W, SS my hand and official seal.
and
~-~ ---~-~~- ~
~ 0 OF:FICIAL SEAL
,-' MAR' GA'RET"'^ SU' ,i\io~S
" " ,'. t~h\'IC"1
:: t::/., .. NOTARY PUBLle,_,':Ci\L1FOf1NIA
PRINCIP,\L 'OFFIC'! I!~'
SAN DIEGO COUNTY
MyCommission Expires A~"~sI22,.lDOO
~~.,Je.~-
Si atu
,
-------~~------------~~
. _.'~ "E,R"
),,;:': -, ,I,C
f " '.~~ ~ -f
~,~~;;
FORM 14'02
ALTA OWNER'S l?6LIC:i
WESTERN' REGIONAL EXCEPTIONS
,
\
,
.
1587 .
.
ORDER NO. 971304-21
PARCEL ld
THAT PORTiON OF THE EAST HALF OF THE NORTHEAST, QUARTER OF THE
SOUTHWEST' QUARTER-OF--SECTION 6, TOHNSH-I-P'--14- SOUTH, -RANGE- 1 -'i'IES<T,SAN
BpRNARDINO MERIDIAN, IN THE 'COUNTY OF SAN DIEGO" STATE OF CALIFORNIA,
ACCORDING TO UNITED ,sTATES ,GOVERNMENT SURVEY', APPROVED FEBRUARY 24,
." . " " "",..,. ',"," ,- .,- .. ".', .,-,'.', ,~'.', -- ,',-
1876" "LYING SOU'I"HEP..LY0F A LINE .DR~H}k-PARAL_LEL-~WITH ANEl -823.-7,6 FEET' - ,
NORTHERLY MEASURED AT RiGHTANGLES FROM THE So.UTHEI<LY LINE OF SAID
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, EXCEPTING THEREFROM THAT
P9~TION LYING SOUTHERLY OF A LINE DRAWN PARALLEL WITH AND 680.26 FEET
N,ORTHERLY, MEASURED AT RIGHT ANGLES FROM THE SOUTHERLY LINE OF SAID
NOP-THEAsl' QUARTER OF TIlE S6UT~~EST QUARTER.
ALSO EXCEPTING THEREFROM THE: \i1ESTERLY 46.0.,00 FEET, MEASURED AT RIGHT
.':NGLES FROM THE WESTERLY LINE OF THE EAST HALF OF T~E NORTHEAST
QUAP.T~R OF THE SOUTHWEST gpARTER OF SAID, SECTION 6, AND A~SO
EXC;:PTIllG THEREFR0l1 THAT_, PORTION LYING WITHIN THAT 74.,00 FOOT STRIP
Or L'.1lD CONVEYED HI FEE TO THE COUNTY OF SAN DIEGO BY DEED RECOP-DED
HARCH 31, 1966 AS nIX ,NO. 54243 OF OFFICIAL RECORDS.
PARCEL B:
AN UNDIVIDED 1/2 INTEREST IN AND TO THAT PORTION OF THE EAST HALF OF
THE NORTHEAST, QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP
14 sOUTH ,RANGE 1 WE.sT,SANcBERNARi:hNO:,MER::tbIAN, IN 'r"HE COUNTY OF SAN
DIEGO i' STATE OF CALIFORNIA, ACCORDING TO UNITED STATES- GOVERNMENT
SURVEY", APPROVED FEBRUARY 24, 1876, LYING SOUTHERLY OF A LINE DRAWN
PARALLEL WITH AND 680.26 FEET NORTHERLY, MEASURED AT RIGHT ANGLES
Fl'SJr1 THE SOUT!-jERLY LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST
QUAJiTE,R\
EXCEPTING -THE-REF-ROR THAT PORTiON LYING SOUTHERLY OF A LINE DRAWN
PARALLEL WiTH AND 660.06 }'EETNoRTH'E;RLY" :MEA~rUREDAT RIGHT ANGLES
, , '.. ," ' -' .~" ' , . "",.,~.. ~', <" - ." '",,' . ,'~ .."'-
FROM THE SOUTHERLY LINE OF SAID NORTltEAST QUARTER OF THE SOUTHWEST
QUARTER.
ALSO EXCEPTING THEREFROM THE WESTERLY 200,'.:0.0 FEET, MEASURED AT RIGHT
IL"lGLES FROM THE WESTERLY LINE OF THE. EAST HALF OF NORTHEAST QUARTER
OF THE SOUTHWEST QUARTER OF SAID SECTION 6.
7/21/88
J.C.M.
EXHIBIT A