Declaration of Restrictions on Real Property 2004-0119182PLEASE COMPLETE THIS INFORMATION.
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
;asC- Pl+ G,. �uclDf
1S015 L-UQ�01
7owAY C- f4 9z o v
Y
a�CCgR�7- /UN of Rc'S ?2 /�- r-��,vS
9/95
Rm.Fonn PR25
&IGIML OF THIS D MENT
WAS RECORDED ON FED 17, 2004
DOCUMENT NI, 0 2004 - 0119182
GRMOW J. SMITH, MKN RECORDER ;
#,SAN DIED QTY RECORDER'S OFFICE
TIME: 9:32 AN
oN 12 c -At' PRO P(=2 ?Y
(Please fill in document title(s) on this line)
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
DECLARATION OF RESTRICTIONS ON REAL PROPERTY
Declarant, the Lucidi Family Limited Partnership, a California Limited Partnership, is the
owner of the following real property ("-the Property"):
7arce14 of the Parcel Map No. 18327, in the City of Poway, County of San
Diego, State of California, filed in the Office of the County Recorder of San Diego
County, August 20, 1999 as File No. 1999- 0578661 of Official Records."
Declarant intends to develop and sub - divide the Property into two parcels. One parcel
shall be used as a gas station and mini -mart and the other parcel shall be used as a
recreational vehicle storage facility. Out of respect for the City of Poway's and the
public's use and zoning concerns, Declarant hereby creates restrictions on the use of the
Property, in favor of the City of Poway, as follows:
1. Upon sub - division of the Property into. two parcels, the development and use of
the Property shall lie restricted the use of an approximately two acre parcel as a
gas station/mini -mart and the use of the remaining approximately eighteen acre
parcel as a recreational vehicle storage facility ( "the Restrictions ").
2. The Restrictions are for the benefit of the City of Poway. Only the Poway City
Council can lift this restriction. The Restrictions, and each of them are
conditioned, only on, and shall become immediately effective upon, (i) the
public's approval of Proposition "E ", as it appears on the ballot which shall be
submitted for the public vote at the March 2, -2004 elections; (ii) the certification
of the results of the voting on Proposition "E''; and (iii) the City of Poway's
subsequent re- zoning and sub - division of the Property, as more particularly
described in Proposition "E" and in this paragraph "2 ".
3. Declarant declares that the Property described above is held and will be held,
transferred, encumbered, used, sold, conveyed, leased, and occupied subject to
the Restrictions limitations set forth in this Declaration, all of which are declared
and agreed to be in furtherance of a common plan for the limited subdivision
into. two parcels, as well as the improvement and use of the Property. All the
Restrictions and limitations will run with the land and will be binding on all
parties having or acquiring any right, title, or interest in the Property or any part
thereof. The Restrictions will inure to the benefit of all of the Property, the
future owners of the Property and the City of Poway. Each grantee of a
conveyance or purchaser under a contract or agreement of sale covering any
right, title, or. interest in any part of the Property, by accepting a deed or a
contract of sale or agreement of purchase, accepts the document subject to, and
agrees to be bound by, any and all of the restrictions, covenants, and limitations
set forth in this Declaration.
Executed in the City of Poway, California on February 13, 2004.
Lucidi Family Limited Partnership, a California Limited Partnership
By: .�%of u� By
Jli G. Lucidi, General Partner isa B. Lu di, General Partner
f • t •' •
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of
County of
California
San
On FE6ku•9�c/ L&, 9 before me,
Date
personally appeared
Elizabeth L. Bloom; Notary Public
aM Title of Officer (e.g.,'Jwe Doe/Notary Public')
. di,
q . ,ro id)/ -- - - --
- OR -Ca proved to me on the basis f satisfactory evidence to be the persor(@)
whose namiss s/ r®bubscribed to the within Instrument
and acknowledged to me that hefehe a xecuted the
same inhis/He�eir uthorized capacity s ,and that by
hislFTer ei ignure0s on the instrument the person
or the entity upon behalf of which the personal acted,
executed the instrument.
•:ELVABETH I- BLOOM.
_ corrx,usgon a 1422118. ' WITNESS my hand and official seal.
.i 'Notary, k1w�- Calfwwo:
Son Diego County
MY Corium. Exph'ps.Ai 1; 2007 e! G ig 932/
Signature QW4aary PUNIC
' OPTIONAL
Though the Inlormatlon below Is not required by law, It may prove valuable to persons retying on Me document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: � S2-11 3 O
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer'sName:'\,6z %% (g"• • -Ue /D/
■
■
■
Individual
Corporate Officer
Tftle(s):
Partner —0 Umited)4 General
Affomey -in -Fact
Trustee
Guardian or Conservator
Other.
Signer is Representing:
4uc�Dr Fitnni�y��,ul�r�D
I A� I NEf.'.SNia'
RIGHT THUMBPRINT,
' OF SIGNER
Number of Pages:
Signer's Name:. /•� te / a ar, A/
• Individual
• Corporate Officer
Tftle(s):
j$
Partner —❑ Limited General
• Affomey -in -Fact
• Trustee
• Guardian or Conservator
• Other.
Signer is Representing:
due /a/ FM��y
.GM rTEh /A PTNe'1eSi4
Top of thum* her*