MUP 2005-685cei
P.O. Box 1504
LA QUINT.A, CALIFORNIA 92247-1504
78-495 CALLETAMPICO
LA QUINTA, CALIFORNIA 92253
October 4, .9 005
Mr. Robert D. Avila
79-785 Tangelo
La Quinta, CA 92253
SUBJECT: MINOR USE PERMIT 2005-685
55-41.0 CHERRY HILLS DRIVE
Dear'Mr. Avila:
(76:0) 777-7000.
FAX (76:0) 777-7101
Your request for approval of Minor Use Permit 2005-685, allowing the. construction of an
attached casita at 55-410 Cherry Hills Drive in PGA West, 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) 777-7067.
Very truly yours,
JAY
Assistant Planner
Attachments
,c: Building_and-Safety Department
RECORDING REQUESTED BY:
Robert D. Avila
WHEN RECORDED PLEASE MAIL TO:
Mr. Robert D. Avila
79-785 Tangelo
La Quinta, CA 92253
COVENANT AND AGREEMENT RESTRICTING. THE USE OF THE RESIDENCE AT
- 55-410 CHERRY HILLS DRIVE, LA QUINTA, CALIFORNIA -
This Covenant and Agreement are made and executed this.0 day of October
by Mr. "Robert D. Avila, 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:
LOT 28, TR 25397, in the City of La Quints,.
.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. 2006-685);
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) Printed Name of all owner(s)
Dated:
Douglas)R. Evans Date,
Community Development Director
City of La Quinta
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) -ss.
CITY OF LA QUINTA )
On -October 5, 2005 , before me, Regenia Hensley, Notary Public, personally
appeared , DOUGLAS R. EVANS 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)
REGqOA HENSLEY
Notary. Public -
Commission # 1521423
Expiration: October 23, 2008