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In the event that MDRA 98-34R expires or is rescinded by City Council at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
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Signer is representing: Signer isrepresenting:
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CALIFORtdld ALL PURPOSE'.ACICNOWLEDGMEMY
State of Califomia - �
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On � c `� 2�� before me, �c�w�e� ✓� �� ���S N a�-�. �� b� � i (
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❑ personally known to me
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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.
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� u�n�:-� WITNESS myh d and official seal.
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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) �
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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]