Declaration of Covenants for Underground Utility Improvements & Waiver of Protest 1990-339813
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~ECORDING REQUE~T :Bt:
C!TV OF POWAV
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WHEN .RECORDED MAIL TO:
CITY. CLERK.
,CITY OF POWAV
P.O BOX 789
POWAV, CA 92064
90 JUN.22 AMell: '" 0
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(This Space for Recorder's Use.)
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FEES $
DECLARATI.ONOFl:OVEN.jl,~T~ Fplt U!lDER~~O~NIl ynLI;TYc IMPR9YEME.NJ:S:AND
. -'WAlVER'OF-PROTEST' ,.
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WHEREAS,Pau.l N.. Alsin9.and Judith. A. Alsing, ,husband and wHe as joint
tenants are the owners of real property described. in Exhibit A which is attached
hereto and made a part he'reof and wh'ich is cOllll1onlY known as AssessOr's Parcel
Number 321-iBO-04.
WHEREAS, in lieu of flie illll1ediate installationanddedication of underground
uti.1ity ,iJnprovementsfr'CllIl -the house, to the nearestutll1ty pole on the property
descri bed abOve, it is the 'desire and intent ion of the owner to impose upOn the.
property described above these covenants for said future irnprovements for the
benefit or the City of Poway,Ca'lifornia.
The,owner herebydec,lares that all the property described above is held and
shall be he I d ,conveyed, hypothecated or encumbered, 1 eased.; rented; used,
occupied and irnproved, subject to the following cOvenants, which shall run with
the'lana and shall be bind:ing on all parties having or acquiring any right,
ti tle 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
acqui,sition ofunder'grouna. uti.l ity improveme'nts onAhe property described above
--~ndlf(.a'riY- s-~:rec'i'.1'l--ass"es'sm'enf,iproc'ee'dfngs\ ~whether'c(fnduc',fea '~:j1/rs-ua:r.t to- th'e
Improvement Act of 1911 or'the Municipal Imp'rOvement Act of '1913, or' any other
ap'plicable State Or local law, and wh'etherproces'sed by the City of poway or any
othergoverninental entity navi ng JiJhsd,i cti on in the matter and for thepu'rposes
of determining property owner support fO~
Dated: [c, - I L '---Jl0 . ~
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Dated:
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GENERAL~ ACKNOWLEDGMENT
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~, State of [ithAAI./';'/
:, County 'o(J.64f.-'&;r
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* OFFICIAL SEAL
* NANCY N NEUFELD
* Notaly Public>CaJifomla
SAN DIEGO COUNTY
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* loti Comm, EJCp, Dee. 21, 1992
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19 90 . before me, *
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\J th is the /J.. t<. day of
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the undersigned Notary Public, personally
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~ersonally known to me
appeared
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o pr'gVilQ to me 0" thp h;lSis of satisfactory evidence *
to be the person(s) whose name(s) ~AP , subscribed *
to the within instrument, and acknowledged that ~
executed it.
WITNESS my hand and official seal.
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SCHEDULE A
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PART II
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THE I:.AND RE'F.E'RRED' TO IN THIS POLtCY' IS 'SIT.UATED IN THE COUNTY OF
SAN OJ EGO;,SIATF;OF C'AL'IFORNIA, AND IS :DESCR'IBED AS FOLLOWS:
P A RC:,EL 1:
THE ".9l1IHEHLY 152.62 FEET OF THE WESTERLY 2.69 FEET OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF LOT 3 (THE
NO,RTH~E<ST QUARTER OF THE SOUTHWEST QUARTER) IN SECTION 7,
TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN B,ERNARDINO MERIDIAN, IN THE
,CITY, OF' POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED FEBRUARY
24, 1876.
EigCERTI'NG'THENORTHEHLY 52,.62 F.E~T OF THE WESTERLY 205. FEET OF
- _ 'S1\i'D SOUTHERLY 152;62 FEET'.
PARCEL 2:
AN :EASEMENT fOR ROAD AND PUBLI'C UTILITY PURPOSED ,OV!,:R, UNDER,
UPON AND .ACROSS ALL THAT :PORTIONOF THE WESTERLY 30 FEET OF THE
NORTHWEST QUARTER OF TU SOUThwEST QUARTER OF SAID LOT 3, LYING
NORTHERLY OF THE NORTHERLY LINE, GFTHE PROPERTY DESCRIBED IN
PARCEL 1 ABOVE.
PARCEL 3:
'-AN EASEMENT-f'OR 'ROAD AND-PUBLIC-UTILITY"PURP,OSES OVER, ,UNDER,
'UPON ,AND ACROSS THE SOUTH 4'5.00 FEET OF THE WEST 60.00 FEET OF
THE NORTH HALF OF SAID Loi' 3.
'PARCEL 4:
AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER,
UPON AND ACROSS AS STRIP OF LAND 60.00 FEET OF EVEN WIDTH,
LOCATED WITHIN THE EAST HALF OF THE SOU,THEAST QUARTER OF SECTION
1,2 TOWNSHIP 14 SOUTH"RANGE 2 WEST SAN BimNARDINO MERIDIAN, IN
'l'HE COUNTY OF SAN QI~G(LSTATE OF CALI FORNIk, AccORDIN<:; .1'6
,- UNITED"STATE~'GOVERNMENT -SURVEY APPRClVED, 'SEPTEMBER I! , Ui79,
SATD60.00 FobT STRIP LY@G 30.00 FEET ON EACH SIDE' OF THE
FClLLOWI~NG DESCRIB'ED CENTER LINE: '
BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF SAID
SOUTHEAST QUART'E~ OF SECT'ION 12, WITH TilE EASTERLY PROLONGATION
OF THE CEN,TER LINE OF TEMPLE STREET , AS: SAID STR],;ET IS SHQWN, ON
MAP THEREOF NO. 331 OF PIERMONT, FILED'IN THE QFFICEOF TUE
COQNTY RECORDER OF SAN D'UGO COUNTY, MAY 27 i 188,7; THENCE
WESTERLY ALONG SAID PROLONGATION 'TO'r'HE,CENTER LINE OF THE ALLEY
ADJOINING BLOCK 11 OF SAID PIERMONT, ON TlfE' EAST.
THE SIDE LINES OF SAID 60 FOOT STRIP S~~~L BE PROLONGED OR
SHORTENED AS NECESSARY AS TO TERMINATE Olj THE EAST IN THE
EASTERLY LINE OF SAID SOUTHEAST QUARTER OF ,SAiD SECT~ON 12 AND
TO TERMINATE ON 'THE WEST IN THE CENTER LINE OF SAID ALLEY.
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