1979-342338 v iE
'78--342338
RECORDED AS A BENEFI mailOtoTY OF SAN DIEGO ]FILE/PAGE NO.
When recor , p
BOOK 1979 r j
Cj f� RECORDED REOUEST'(jF
fDegartment of Transportation County of San Diego
Mail Station 0336 Department of Transportation
Attn: Charles E. Moore �T9
Chief, Subdivision and AUG 15 1 22 PIN, u
Parcel Maps Group
OFFICIAL W--CORDS
RECORDER
SAN DIEGO COUNTY,CALIF.
4� NO FEE
DECLARATION OF COVENANTS FOR STREET IMPROVEMENTS
T.P.t•4. 4450
WHEREAS, Harold T. Odmark and Clara J. Odmark I
are the owners of the following described property:
(See Exhibit "A" for legal description)
and
WHEREAS, the owners seek a change affecting said property to
wit: to divide said property having filed Tentative Parcel Map No.
14450 which was approved by the Director of Land Use and Environ-
mental Regulation, County of San Diego, on October 13,
1978 ,
which change will cause additional burdens on the County of San
Diego; and
WHEREAS, the County of San Diego is empowered to prevent '
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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
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WHEREAS, the installation by owners of street improvements
is a reasonable condition to the granting of authority for said
change by the County of San Diego; 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 t
o wne rs to impose upon the property described above these covenants
for future improvements for the benefit of the County of San Diego;
NOW THEREFORE
The owners hereby declare that all the property described "1
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above is held and shall be held, conveyed, hypothecated, or XV1,
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 1911 or the Municipal Improvement Act of 1913,
or any other applicable state or local law, and whether processed •q
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by the County of-San Diego or any other governmental entity having
jurisdiction in the matter and for the purposes of determining
property owners support for same.
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OR
IN WITNESS WHEREOF, the undersigned has executed this
instrument this a day of
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ACKNOWLEDGED
a r o m r k
Clara r K ,..,
Director of Transportation F. Tj
CHARLES E. MOORE
Chief, Subdivision
Mapping & Control Group
STATE OF�� )
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COUNTY O )
:
On 3 I c _ before me, the undersigned, y
a Notary Public in and for said state, personally appeared
J�i��-m-2-d�✓ ���C.��'/I.�,c--a�/�-�'C. �.t,�--lam ��-f,.� 5
known to me to be the persons whose names are subscribed to
the within instrument and acknowledged that they executed the
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same.
"W NESS my hand and official seal. ........................
OFFICIAL SEAL
VIRGINIA M.SCHREMP
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Notary Poblic•raiitn^•a
�f ORANGE COUNTY
My Commission Expires July 29�1981
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EXHIBIT "A"
Legal Description
The Northeasterly 247.50 feet of all that portion of
Lot 18 of the Subdivision of the RANCHO LAS ENCINITAS,
in the County of San Diego, State of California,
according to Map thereof No. 848, filed in the office
of the County Recorder of San Diego County, June 27,
1898, described as follows: „
Commencing at the intersection of the centerline of 12th
Street, if extended, with the centerline of "J" Street,
as said streets are shown on the Map of the COLONY '
OLIVENHAIN, being on Map No. 326, filed in the office of
the County Recorder of San Diego County, July 8, 1885;
thence North 14°18'East parallel with and distant 40.00
feet Westerly from the Westerly line of Lots 83 and 87
of said Colony Olivenhain 495.00 feet 1-o the TRUE POINT ;
OF BEGINNING; thence continuing North 14 018' East 495.00
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feet; thence North 74652' West 587.30 feet to a point in k
the Westerly line of the land described in Deed to Horace
G. PHILLIPS, et ux, recorded January 16, 1958 under
Document No. 7810 of Official Records; thence South 14 018'
West along said Westerly line, 495.00 feet to a line which
bears North 74 052 ' West from the TRUE POINT OF BEGINNING;
thence South 74°52' East 587.30 feet to the TRUE POINT OF
BEGINNING. `
ALSO EXCEPTING THEREFROM that portion lying Easterly of
the Easterly line of that certain County Maintained Road,
known as Lone Jack Road, 40.00 feet in width, as same
existed on April 25, 1978.
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