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Declaration of Covenants Prohibiting Improvements in the Flood Plain 1984-181927 " , . ,-~ "" RECORDING REQUESTED I COMMONwEAtTH lANO TITLE INSU~ 60. RECORqED AS A BENEFIT TO CITY OF 1732 ~ 84-18192'1' f~EC:C'.~:)"-TI IJ'l -----J pFFiCII\! ri,'r',"',...,c ! Ot SAN DJ~:;!) i))Ll;'i.~~t..,~. J ISHII HAY 16 11M 9: 13 ~\I-';'" t..',I\ l COLIN I Y Pi j, i -_-I .... .' PO'ivAY .' , When' recorded, please mail to: City Clerk City of poway P.O. Box 785 Poway, CA 92064 DECLARATION OF COVENANTS PROHIBITING IMPROVEMENTS IN THE FLOOD PLAIN T.P.M. 17278 NO fEE WHEREAS, Kiyoto Saisho, a single man, is owner of the following described property: Parcel 2 of PM 4857 in the County of San Diego, California and as more particularly described in File/Page No. 77-022415 recorded January 20, 1977 in the Office of the Recorder of said County together with a portion of Parcell of said PM 4857 in said County and as more particularly described in File/Page No. 81-271074 recorded August 25, 1981 in the Office of said Recorder. and WHEREAS, the owners seek a change affecting said property to wit: To divide said property having filed Tentative Parcel Map No. 17278 which was approved by the City Council, City of Poway, on May 18, 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 improvements as will alleviate such burdens; and WHEREAS, the prevention of installation by owners of improve- ments is a reasonable condition to the granting of authority for said change by the City of poway; and 8(fr!{t24 - r . e 1733 . ~ ," ;- WHEREAS, it is the desire and intention of the owners to impose upon the property described above these covenants which will prevent future improvements; 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 improvements shall be made, except brush clearing as ordered by the City of Poway, along the creek which flows through the property between the lines as shown and labeled "Subject to inundation for the 100 year storm" on the final map of TPM 17278. ment this llo day ::dera::::~1:s executed t~i:9i~S~U- \ \.j~~ ~~ Kiyo~o Saisho IN WITNESS WHEREOF, the ACKNOWLEDGED aw~ cwjJ Director of Public Services -2- . .. " . e 1734 . .... ........ -, ': \ ~, -iii '-.:f\ (Individuall STATE OF CALIFORNIA SS, COUNTY OF '" r r" On //.. 'An t: b~7 , personally appeared ~tary Public in and for said State, - ---. . (kuunll Wille) lor proved to me on the basis of satisfactory evidence) to be the person~ whose name~!lubscribed to the within instrument and acknowledged that JJ-/L executed the same. WITNESS my ha'/7;''''al. Signalu," ~~J/ ~~_ OFFICIAL SEAL SHIRLEY LOU SNYDER I NOTARY PUBLIC CALIFORNIA I . PRINCIPAL OFFICE IN "'{,.. "..,,, LOS ANGELES COUNTY My CommIssIon Expires June 24, 1984 Form3213(CA 12-82) (Thi4.re.foroffi~ial"ot.rialJe/dj -3-