MUP 2004-581q9'
P.O. Box 1504
LA QUINTA., QA.LIFORNIA 92247-1504
78-495 CALLE TAKPICO (76.0) 777-7000
LA QUINTA; CALIFORNIA 92253 FAX (760) 777-7101
December 27, 2004
Craig Woolbert
5622 Littler Drive
Huntington Beach, CA 92644
SUBJECT: Approval of Minor Use Permit 2004-581
Dear Mr. Craig Woolbert:
Your request for Minor Use Permit 2004-581 to allow an attached guesthouse for
a new residence at 77-154 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 2004-581.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 Woolbert
5622 Littler Drive
Huntington Beach, CA 92644
COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT
77-154 CASA DEL SOL, LA QUINTA, CALIFORNIA
This covenant and agreement are made and executed this 27' 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 7 of Tract 28409, as per record map on file 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. 2004-581);.
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 besubject 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 hereofand 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:
Thomas P. Genovese Date
City Manager/Interim 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 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 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 IA HENSLOZ
Y
Not ry Public
Commission # 152.1423
Expiration: October 23, 2008
(Seal)
Cornrrslon • 1521423
Notary Pudec C AW1ia
RNerdde County
My Comm. Eg*esO023. 2008