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MUP 2005-683f P.O. Box 1504 LA QU;I'NTA, CALIFORNIA 92247-1504 78-49"5 CALLS, TAMPICO (7 60) 777-7000 LA QUINTA, CALIFORNIA 92253 FAX ('760) 777-71'01 September 23, 2005 Mr. John Pedalino Desert Elite, Inc. 78-401 Highway 111, Suite G La .Quinta, CA 92253 SUBJECT: MINOR .USE. PERMIT 2005-683 81-676 CHARISMATIC WAY Dear Mr.Pedalino: Your request for approval of Minor Use :Permit 2005-683 allowing the construction of a casita at 81-676 Charismatic Way (Lot 35, Tract 31202-1) in Rancho Santana 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 Planner Attachments c. Building and Safety Department �1W RECORDING REQUESTED BY: Desert Elite, Inc. WHEN RECORDED PLEASE MAIL TO: Mr. John Pedalino Desert Elite, Inc. 78-401 Highway 111, Suite G La Quinta, CA 92253 COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT 81-676 CHARISMATIC WAY, LA QUINTA, CALIFORNIA This Covenant and Agreement are made and executed this 23 Id day of September by Desert Elite, 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 36, TR 31:202-1, 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. 2005-683 ; 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. Signatures) Printed Name of all owner(s) . Dated: DougJA R. Evans Date Community Development Director City of La Quinta STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF 'LA .QUINTA ) On September 23, 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. 7R! SLEY Notary. Public Commission # 1521423 Expiration: October 23, 2008 (Seal) REGENIA M -0 cortmMion 1521423 - "ay PUM - ClAwbaw NN E ri_10141 In 'LEp®p 'ma I COMMAM TAW • ws • I ....__.eeeve.....n ----�..m..' _- `--- rauolw/Nr � 1'• � I I -- — •r--- - 1 A" m i I .,ti 1�•+ .o —. ._ I I I 1 .: � ,:�.: 1 ;SII i I � '. •I,I "' I /1--- ---- ----- ----- ---- —"--- ---- � II '- � ..� � to �{ I I e, . • / --- �s — VI I n ;;m 1 i I / a. I I 1 rErw 15 PLANt,p`pi,3 _.Ly .-- — --- — --.—: .--� ---- —_-- vEiYl. 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