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Covenant Regarding Real Property 2009-0652068 r .. �- _ � Qc�C # 2009—�652068 RECORDING REQUEST BY: �) II I I I I II II I I II I I I I I I II I I II I II m► CITY OF POWAY ) NOV 23, 2009 12:46 PM � WHEN RECORDED MAIL TO: � aFFlr_IAL REi_rRGS � ';Ahl C11EGU COLINTY REGOFDER'S i7FRCE CITY CLERK � C1A'dID L. RUTLER, C�l1NTY REC:URDER CITY OF POWAY � FEES: t5 00 P O BOX 789 � PAGES; � POWAY CA 92074-0789 ; IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIII ) APN: 314-840-04 and 275-260-39 COVENANT REGARDING REAL PROPERTY The Stensrud Family Trust 09-16-93, Carol Stensrud, Trustee, and William Stensrud, Trustee, Property Owners ("OWNER" hereinafter), is the owner of real property described as: LOT 24 OF CITY OF POWAY TRACT MAP 85-03, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12331, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 7, 1989, AND LOT 4 OF CITY OF POWAY TRACT MAP 89-09, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14091, FILED IN THE OFFICE OF THE COUNTY RECORDER OF „ SAN DIEGO COUNTY, DECEMBER 5, 2000. � In consideration of the approval of Minor Development Review Application (MDRA) 98-34R by the City of Poway ("CITY" hereinafter), OWNER hereby acknowledges that the private photovoltaic solar panels (array) on Lot 4, as described in the approval letter for MDRA 98-34R and. shown on the approved site plan on file with the City of Poway, is an accessory use to the residence located on Lot 24 (13491 Summit Circle, Poway, CA). It is further acknowledged that Lot 4 and 24 shall remain under the same ownership (i.e., not separately owned) unless the use of the array has been discontinued and the improvements have been removed to the satisfaction of tlie Director of Development Services; or an MDRA and a residential Building Permit have been issued for Lot 4, and it can be shown that the array can be incorporated into the site plan for the new residence within the limits of habitat clearing approved fo� the lot. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event that MDRA 98-34R expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY. G9- ��$`I Covenant Regarding Real Property Stensrud - MDRA 98-34R Page 2 The applicant shall defend, indemnify, and hold harmless the City, its agents, o�cers and employees f�om any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the Gity or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set.aside void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participafe in its.own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation �easonable attorney's fees and costs. In the eyent of a disagreement between the City and applicant regarding litigation issues, the City sliall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. OWNER: Stensrud Family Trust 09-16-93 _'--�._- Dated: � �� U By: ���'� ,�°.�-"" �� � Carol Sten d, Trustee (Notarize) Dated: lb / a By: iiliam tensrud, Trustee (Notarize) CITY OF POWAY Dated: � Y Q By: ���u'!" ' ert J. Ma s, Dire or evelopment Services M1planning\jl\Prqects\MDRAS\MDRA 98-34R Stensrud\covenant real property.docx California Al1-Purpose Acknowfedqment State of California County of San Diego On ��'p �� � VL/� before me, Gregg Miller, Notary Fublic, personally appeared � I�L`� 1� � \ � � �V D who proved to me on 4he basis of satisfactory evidence to be the person(� whose name(sf is/aye subscribed to the within instrument and ackriowledged to me that �he/she t y executed the same in hi�/her/their authorized capacity(ie�, and that by his/her/their signature(� on the instrument the person(gj, or the entity upon behalf of which the person(6) acted, executed the inst�ument. I certify under PEN?,LTY OF PERJURY under the laws of the state of California thaYtfie foregoing paragraph is true and co�rect. •;�, GREGG NILLEH ► W�tness my hand d officiaf seal. Commission # 1819154 e a � ° �'� ' Notar - � i.: ,. �_ ... y Public - California Z • Sen�Diego County = Signature My Coinm. FxpifesNov )8� 2012 OPTIONAL Though the intormation below.is not�required.by law, it may prove valuable to.persons relying on the document and could ' prevent fraudulent removal and reattachment of this form to anothe� document. Description of Attached Document Title or Type of Document � �� � C'S � Oz� f �S Cf I� C(-- Document Date: � �"�l C-J� Number of Pages a"" ���� r � \ � Signer(s) Other Than Named�Above: Capacity(ies) Claimed by Signer(s) " Signer's:Name: ��c✓1�')1_ �`rl� N�S (L' �� Signer's Name: � Individual Indiviiival � _Corporate�Officer�-,Title(s): ropotmumb�here _Corporate�Offcer-Title(s): .ropotmumbhere Partner- Limited General Partner-� Limited Generai � ��+ttorneyin Attorney in Fact �(Trustee _ Trusiee �`Guardian or Conservator Guardian or Conservatoc � Other.. Other. Signer is representing: Signer isrepresenting: ;. . _ _ CALIFORtdld ALL PURPOSE'.ACICNOWLEDGMEMY State of Califomia - � ,(� � County'of �'� n� UJ 1 e�o 0 On � c `� 2�� before me, �c�w�e� ✓� �� ���S N a�-�. �� b� � i ( � Date A Name end Title ol O e.g.,."Jane Dce, Notery PuW�c ) ` U personally appeared � J�7 i �\� G v�n S� er�:1 C�r � � � Neme�s)�o� Signerts) i wet� wutu n�wTr.oF r�'+�ctFs ❑ personally known to me � �' �`��`� �,(or proved to me on tlie basis of satisfactory evidencej !'�a91OPb�ts auc mutcomcG to be the person(� wliose name(�) is/are subscribed,to,the within instrumenY and acknowledged to me that he/sFaefthc�gexecuted the same in his/hedtheir authorized capacity(iesT, and that;by his/Merftheir signature(� on the instrument the person(�, or tlie entity upon behalf' of �` wfiich the person� acted, executed the'instrument. 7 �i u�iuo , � u�n�:-� WITNESS myh d and official seal. mw ema Y �R 8 � PleceNOterySealAbove Signature '� � SlgnaNre ot Notary Pudic' OPTION.4L Tiiough'the inlormation bebw�is'not required byiaw, it may�prove va/uab/e� on fhe.document and cou/d prevent Iraudulent Femoval and reattachmenf o� this�form.lo another document. Descri tion of Attached Document p � ,/� � r � e TitleorypeofDocument: CD�ervc�,,,� �Q�c��Q i��, (fS � O,C) � %� V DocumentDate: � � � NumberofPages: 2 ��Cc � –F� 'Cc�, {'�-�� Co. �0 S� 5 � b ��. f ��` P�� c Signer(s) OtherThan Named Above: .S /`u � p. � Qr' c ,A�k At (,� M Vk P.,T Capacity(ies) Clairqed by Signer(s) I Signer s Name: w'� 1�� n�, S 1 e n� S � � U Signer's Name: ❑ Individual ❑ Individual � ❑ Corporate 0fticer—Title(s): ❑ Corporate Offider—Title(s): ❑ Partner�—.��Cimited ❑General � ❑Partner—OLimited ❑General ❑ Attorney in Facl ' � ❑ Attorney infacf ' ,' Top o� lhumb tiere Top:ofAhum6 here �'. Trustee, � ❑ Trustee � ❑ Guardian or;;Conservator ❑ Guardian or Conservator ❑' Other. ❑ Other: Signer Is Representing: Signerls Rep�esenting: 0 2006 Nstional Notery AssoclaHOn •�9350 De Solo�AVa:� P.O. Boz 2402 • Chetsviorth, CA 9131&2602 Item No: 59W v609 Reortlec Call Toll-Free 1-800.8]6-682]