Covenant Regarding Real Property 2001-0863703
;~ DOC'
~ . 2001-0863703
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RECORDING REQUEST BY ) 005964 NOV
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CITY 01' POWAY ) 28, AM
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CITY 01' POWAY )
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POvV.il.'?CA 92074-0789 )
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COVENANT R-EGARDING REAL PROPERTY
Steven J Caliguri and Lucinda 'B.. Caligiiii, hiisband and wife as joint tenants, Owner(s),
("OWNER hereinafter) of land described il1,E2'hibit A wl1icli:'i~ attach~d hereto and made a part hereof
and which is commonly known as Assessor's Parcel. Number 277-202-02-00 ("PROPERTY hereinafter).
In consideration of the approval ofibuilding permit to construct a single, family home on' the' referenced
property by the City of Poway ("qTY"hereinafter), OWNER hereby agrees that no General Plan
Amendment, Zone Change, tentative, subdivision map or other discretionary land use decision, shall be
adopted with resped toth>, prop>,(iy which would increase residentiaL-density or intensity of use or would
permit an industrial or commercial use other than that as perrriitted by the Rural Residential zoning in
etIec!. on the property on November 8, 1988, unless and until such action is approved by ordinance
- .. ,- , . . - - - ..
adopted by the voters of the City'at a special or general election. OWNER hereby further agrees that the
lot shall berestficted to the use of one single-family dwelling and shall'e~cJude.any form of'commercial,
busmess, professional, industrial or multi-dwelling use except fo\ those <;ommercial or business uses
nonnallyassociated with residential use and as permitted in the Plann~d,Community Plan, and related
specifically to the ,golf course as designated in the Planned Community Plan.
This Covenant shall run with the land and be binding liponand inure to:the benefit of'.jhefuture
owners;, ,encumbrances, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event'that builqirig perinits are never obtained to construct the proposed single"family
house auhe request of the OWNER, the CITY shall expunge this 'Covenant from the record title of the
PROPERTY
Ifeither party is required to incur costs to enforce the provisio.ns of this Covenant, the prevailing
party shall be entitled to full relnibursement of all costs, incJudingreasi:mable(attomeys' fees, from the
other party The CITY may assign"topersons,impactedby theperfoimance of this Covenant the right to
enforce this' Covenant against OWNER,
Dated: 1/. t/1-ol Sk~~
Steven J aliguri, " er
-- ~"
Dated: i I-Ilj~{} I _ '~H,,/h 7i"6. - '_
Lucinda B. Caliguri, Owner
CITY OF rOWA Y
Dated: II/If/Df By: lJ
01- /R3
/50</ ,( 9
. 01>965
EXHIBIT A
Legal Description
Lot 41 of City of Po way Tract No, 89-13R, The Heritage,Phase 1, Unit 1, in the City of Po way,
County of San Diego, State ofCaliforhia, according to Map thereof No, 13708, filed in the office
of the County Recorder of San Diego, becember 17, 1998,
CALI~~RNIA ALL:PlJR.~ ACKNOWLEDGMENT .005966
StateiO!' Ccdy."-' ~
County'of .s:C1("" 'i)i' Q. (rO
On JilmLf/VYl b-lA- ILr J.-<.n' I before me, (..1.1 R'\)lY'T'L (,ll.l...
Date" Name and Title of Officer{e.9., Jane Doe, Notary Public")
personally appeared ';"GVGW J Cl4-u G u@.., c:wc4' L cJ CJ N 0 1t /3, CAl.I GUi<-,
Name(~) ofSigner(s}
D personally known to me - OR-l'1jJroved to me on the basis of, satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrum'ent
and acknowledged to me that he/she/they executed the
same in his/her/their, authorized capacity(ies). and that by
r~""t","^^-"""'''',^-^^-^( his/her/their signature(s) on the instrument the person(s),
.@ '"'"""~ . or the entity upon behalf of which the person(s) acted,
.' ~
f-:. " COMM. #1305216 0 executed the instrument,
u:' .. '" : NOTARY PUBlIC-CA.llFORNlA ~
ID" SAN DIEGO COUNTY C\
~.~___::Co~m ~PI:SJ~e~,~5v ( WITNESS my hand and official seal.
~u .-tM
Signature 01 Notary Public
OPTIONAL
Though the information below is (lot required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to'another document.
Description 6f Attached Document
Title or Type of Document: C'111 nlle,"'-/- ~4 12<1.JlJ J?uJh"0-ifJ
I I
Document Date:,Novc"",, (,. t1.. ILr 2.ED r Number of Pages: !
/
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer{s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer o Corporate Officer
Title(s): Title(s):
o Partner - 0 Limited 0 General o Partner ~ 0 Limited 0 General
o Attorney'in-Fact o Attorney-in-Fact
o Trustee o Trustee
o Guardian or Conservator o G~ardian or Conservator
o Other' Top of thumb tlcre o Other' Top of lnumb herp.
Signer Is Representing: Signer Is Representing:
~"",~Vt~
Cll'g94 National Notary A;socialion' 8236 Remmel AI/e. P,O. Bo~ 7184 . Canoga Parll. CA 91309-7184 Prod. No. 5907 Reorder: Call ToU-Free 1-600-876-6827