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MUP 2007-942.June 28, 2007 Mr. David Fisher. David Fisher Construction Inc. P.O. Box 1.772. La Quinta, CA .92253 SUBJECT: MINOR USE.PERMIT 20.07-942 CASITA: 77-169 CASA DEL SOL Dear Mr. Fisher: Your request for approval of Minor Use Permit 2007-942 allowing the construction of a casita/guesthouse at 77-1.69 Casa Del Sol, La. Quinta is hereby approved. You may now contact the Building & Safety Department for your building permits. Enclosed are the approved original'Deed Restrictions 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 givento the Ctyfir our files. The Community Development Department will sign the obcard when tK6 r'- rd- A— 0 y is received, which would provide our clearance to the Building & Safety Dgpartm- Brit to issue the building final inspection. Until the recorded cop•; is received 6.y*the Community Development Department, your Minor Use Permit is not. c.:ymplete. and'a final inspection will 6606 conducted by the Building & Safety Department Should, you :have any questions, please call me at (760) 7-77-1125 Sincerely. i ii NNEFRANCO Assistant Planner Attachments c. Building and Safety Department P.O. BOX 1504 • LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLS TAMPICO • LA QUINTA, CALIFORNIA 92253 (760) 777-'7000 -FAX (760) 777-7101 'RECORDING REQUESTED BY: Hartwell A. Burnett 20707127 th Avenue SE Snohomish, WA 98296 WHEN RECORDED PLEASE MAIL TO: David Fisher David Fisher Construction Inc. P.O._ Box 1772 La Quinta, CA 92254 COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT 77-169 CASA DEL SOL, LA QUINTA, 92253 This Covenant and Agreement are made and executed this 28th of June by Hartwell A. Burnett, has 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 realproperty, in the City of La Quinta, County of Riverside, State of California: APN 773-360-01:5. LOT 15. TM, 28409 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. 2007-942; 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 s 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 tothis- 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'sfees. 2. 0 Signature(s) Dated: 17 .Planning, Manager City of La Quinta �AV QW ArM Printed Name of all owner(s) 1-0?5-a1 Date ALL PURPOSE NOTARY ACKNOWLEDGMENTS) MUST BE ATTACHED IN 8 1/2 X 11" FORMAT, FOR EACH SIGNATURE. STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF. LA QUINTA) On�v?� ,before me, ° �A��VNotary Public, personally a e ed ersonall known to me or roved to pp PS �i personally p me on the .basis of satisfactory evidence to•be the persons) whose name(s) isiars. subscribed to the within instrument and acknowledged to me that helsheA0w r executed the same in his/hoOtheir authorized capacity(ies); and that by his/her signature(s)- on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal, Signat of the Notary Public ' R�GENIA FIEPISIV ComagWon 0 1591423. Notary Pubgo .�. CdfCxtil. RFusi�Qii�1�` .