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MUP 2004-580P.O. Box 1504 LA QUINTA, CAL.IFO.RMIA 92247-15.04 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 December 27, 2004 Craig Woolbert SUBJECT: Approval of Minor Use Permit 2004-580 Dear Mr. Craig Woolbert: (7 60) 777-7000 FAX ('760) 777-7101 Your request for Minor Use Permit 2004-580 to allow an attached guesthouse for a new residence at 77-186 Casa Del Sol for Harold Anschel is hereby approved. Enclosed is the approved original Deed Restriction for this Minor Use Permit. It. must be signed by Mr. Anschel 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, our Minor Use Permit file is not complete. After we receive 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, 1 Tim Nguyen Assistant Planner Attachment C: Building and Safety Department p:\tim\MUp/LA 2004-580.doc RECORDING REQUESTED BY: City of La Quinta — City Clerk's Office PO Box 1504 La Quinta, CA 92247-1504 WHEN RECORDED PLEASE MAIL TO: Craig Woolb.ert COVENANT AND: AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT 77-186 CASA DEL SOL, LA QUINTA, CALIFORNIA This covenant and agreement are made and' executed this 2r day of December, 2004_by 'Harold Anschel, as the record 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 5 of Tract 28409, as per record map on files with the Recorder of Riverside County 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. 2004-580); 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. 1.10 (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 andi 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 Lai Quinta, in securing performance of such. obligation, including attorney's fees. By: 1. 2. 3. Signature(s) Dated: Printed Name of all owner(s) X Thomas P. Genovese Date City Manager/Interim Community Development Director City iof La Quinta ALL PURPOSE NOTARY ACKNOWLEDGMENT(S) MUST BE ATTACHED IN 8 112 X 11 " FORMAT, FOR EACH SIGNATURE. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) On December 28', 2004 , before me, Regenia Hensley, Notary Public, personally appeared THOMAS P. GENOVESE personally known to me to be the person whose name is subscribed to the within i'nstrument,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: REG IA HENSLEY Notary Public Commission # 1521423 Expiration: October 23, 2008 (Seal) REGMA HENM 10CMvyoon t 1621423 Av Cw* ,MVComrn:E)w�t2&:6