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MUP 2005-613lr F � T P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLS TAMPICO. (760) 777-7000 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 March 3, 2005 Bill Mathis P.O. Box 3235 Palm Desert, CA 92253 SUBJECT: Approval for Minor Use Permit 2005-613 Dear Mr. Mathis: Your request for Minor Use Permit 2005-613 to allow the construction for a uest casita at 52-632 Cahuilla Court is hereby approved. new custom (7g Enclosed is the approved original -Deed Restriction fog this Minor Use Permit. It must be signed by you 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 us for our files. Until the recorded copy is received, your Minor Use Permit is not complete. After we review our copy, we will provide our clearance to the Building Department to issue the building permit. Should you have any questions, please call me at (760) 777-7070. Very truly yours, TIM NGUYEN Assistant Planner Attachment -11 c,:. 7 - Building --and Safety Department PP :\nu LA 2005-613'.doc RECORDING REQUESTED BY: Bill Mathis P.O. Box 3235. Palm Desert, CA 92261 WHEN RECORDED PLEASE MAIL TO: Bill Mathis P.O. Box 3235 Palm Desert, CA 92261 COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT 52-632 CAHUILLA COURT, LA QUINTA, CALIFORNIA This Covenant and Agreement are made and executed this 4" day of March 2005 by Bill Mathis, 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 27, BK. 770 PG. 30, TR 28470-2, 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. 2005-613); 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. K, Signature(s) Dated: Printed Name of all owner(s) X W ® 5 Douglas 0. Evans ate Community Development Director City of La Quinta ALL PURPOSE NOTARY ACKNOWLEDGMENT(S) MUST BE ATTACHED IN 8 1./2 X 11 " FORMAT, FOR EACH SIGNATURE. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) On March 3, 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. RE 1A HENSLEY Notary Public Commission # 1521423 Expiration: October 23, 2008 (Seal) -.REbGE8tNlA HENSIEY ~" Commission A 1521423 -® Notary Public - California _ r%- Riverside County My Comm. Expires Oct 23, 2008 09/09/2005 03:25 7603469918 DESERT RESORT MGMT PAGE" 01 Traditts-on September 9, 2005 Billy James Mathis Trust Re: Lot 27, Tract 28470-2-5263-, Cahuilla Court Dear Mr. Mathis: The Tradition .Architectural Committee has completed the. setback inspection for your home on Cahuilla Court. Your horse conforms to the setback rtNui.rements for a.custom lot as specified in the Tradition Guidelines. The front measures 25' 6'; right side yard (tont measures 13' 6"; zigbt side yard rear measures 12'; the rear measures 30'; left side yard front and rear measures 12'. T'haak you for your follow through on this necessary inspection. We look forward to working with you f irther-on. the construction of your home, Sincerely, Tradition Architectural. Committee Tradition Community Association cc: Easton Builders DESERT RESORT MANAGEMENT' P �Sr (_iFFiG 50;( 4772 • PALM Drsonr, ciWmItNfA 92261-4772 7.3•.550 ALES�ANI)Ro, SC;I'm 5 , PAW. DESERT, CALIFORNIA 92260 FHONE.. (760) 346- I.1.61 • FAX (760) 346,9918 Mc GEE SUR VEYING, INC. 79-301 Country Club Dr., Ste. 102 - Bermuda Dunes, CA 92201 Phone (760) 345-3828 - Fax (760) 772-5705 September 19, 2005 City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Re: Pad Certification - Lot 27, Tr. 28470-2 Pursuant to your request a field survey was conducted on the above referenced project to determine the vertical location of the building pad. The above mentioned was found as follows: LOT ADDRESS PAD (DES) PAD (FIELD) 27 52_632-C-ahuilla-Ct. 67.0' 66.9' Sincerely^, Wayne A. McGee L.S. 5479 4:4 LS 5479 M'�