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MUP 07-905E March 12, 2007 Tli4 4 4 a" Mr. Tim Wallender 853 10" Street Manhattan Beach, CA 90266 SUBJECT: MINOR USE PERMIT 07-905 CASITA: 78-645 CASTLE PINES DRIVE Dear Mr. Wallender: Your request for approval of Minor Use Permit 2007-905 allowing the construction of a casita at 78-645 Castle Pines Drive, in La Quinta, is hereby approved. You may now contact the Building & Safety Department for your building permit. Enclosed is the approved original Deed Restriction for this Minor Use Permit. It must be signed by the owner in front of a Notary Public. The original approved documents are then to be recorded with the County Recorder, with a recorded copy given to the City for our files. The Community Development Department will sign the job card when the recorded copy is received, which. would provide our clearance to the Building & Safety Department to issue the building final inspection. Until the recorded copy is received by the Community Development Department, your Minor. Use Permit is not complete and a final inspection will not be conducted by the Building & Safety Department. Should you have any questions, please call me at (760) 7.77-7125. Sincerely, ERIC CE Assistant Planner Attachments c. Building and Safety Department P.O. Box 1504 - LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLE TAMPICO - LA QUINTA, CALIFORNIA 92253 �� (760) 777-7000 -FAX (760) 777-7101 RECORDING REQUESTED BY: Tim Wallender 853 1 0th Street Manhattan Beach, CA 90266 WHEN RECORDED PLEASE MAIL TO: Tim Wallender 853 10th Street Manhattan Beach, CA 90266 COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCES AT 78-645 CASTLE PINES DRIVE LA QUINTA, CALIFORNIA This Covenant and Agreement are made and executed this 12th day of March by Tim Wallender,.as the recorded owner(s) of the. property described herein. The City of La Quinta, a Municipal Corporation, is hereby made a party to this Agreement for the purposes set forth below. The undersigned hereby certifies that he/she is the property owner of the following described real property in the City of La Quinta, County of Riverside, State of California: APN 770-080-046, in the City of La Quinta, County of Riverside, State of California In consideration of the City of La Quinta issuing a building permit for certain improvements which will be constructed on said property, the undersigned does hereby covenant and agree to, and with said City, to restrict the use of said property as follows: 1. The guest house may not be rented nor sold independent of the main single- family residence (Minor Use Permit No. 07-905); 2. No kitchen or cooking facilities shall be constructed in the guest house per the provisions of Chapter 9.30.030 (RL Zone District) and 9.60.110 (Guest Houses) of the La Quinta Municipal Code; 3. All on-site facilities are intended for the sole occupancy of the property owner(s), guests, and caretakers (i.e., a maid and/or housekeeper, .etc.); and, 4. The guest house shall be used primarily as a sleeping. facility, and shall be maintained in accordance with all zoning and other codes as set forth in the La Quinta .Municipal Code, as may be amended from time to time. This Covenant and Agreement shall run with the land and shall be binding upon future owners, their successors, heirs, or assigns, and ourselves, and shall continue in effect while said accessory building remains on the real property or unless otherwise released by the authority of the City 'of La ' Quinta. All leases of said dwelling and/or property shall be subject to this restriction. This Agreement shall be entitled to the remedy of injunctive relief in addition of any remedy in law or equity. This Covenant and Agreement and the provisions hereof are irrevocable, except by the written consent of all parties to the agreement, including the City of La Quinta, a Municipal Corporation. The City shall have the right to enforce each and every provision hereof and the parties agree that the Agreement shall not be rescinded, revoked, modified, or otherwise amended or changed, without the expressed written consent of the City first being obtained. In the event that the owners, their heirs, assigns or successors in interest, shall fail to perform any obligation 'hereunder, they hereby, agree to pay all costs and expenses incurred by the City of La Quinta in securing performance of such obligation, including attorney's fees. By: 1. 2.' 3. Signature(s) Les JWnson Planning Manager City of La Quinta Printed Name of all owner(s) Date -3/i" 47-/ OF 7 State of California County of Riverside On 3 17-' SoO.7 before me, Phyllis Manley, Notary Public, personally appeared Les Johnson, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon.behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (Seal) PHYLLIS MONLEV ;;:�Comrnfton #F 16977% Notary PublIC - CalUcmlo Rlverslde County MyComm. Expires Oct 16,201