MUP 2005-612a
P.O. Box 1504
LA QUINTA, CALIFORNIA 92247-1504
78-495 CALLE TAMPICO (760) 777-7000
LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101
March 29, 2005
Gordon Ross
42829 Cook St. Ste #104
Palm Desert, CA 92211
SUBJECT: Approval for Minor Use Permit 2005=612
Dear Applicant:
Your request for Minor Use Permit 2005-612 to allow the construction for a
new custom guest casita at C5.2-7-58—&aret--Cove--is-hereby approved.
Enclosed is the approved original Deed Restriction for this Minor Use Permit.
It must be signed by Mr. and Mrs. Dan and Sallie Dutton 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,
1
TIM -NGUY N
Assistant Planner
Attachment
c --=c:=== —Building --and SafetVDepar meet
p:\mup LA 2005-612.doc
RECORDING REQUESTED BY:
Gordon Ross
42829 Cook St., Ste 104
Palm Desert, CA 92211
WHEN RECORDED PLEASE MAIL TO:
Gordon Ross
42829 Cook St., Ste 104
Palm Desert, CA 92211
COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT
52-758 CLARET COVE, LA QUINTA, CALIFORNIA
. This Covenant and Agreement are made and executed this 25`d day of March
2005 by Dan and Sallie Dutton, 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 14, BK. 770 PG. 04, 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. 2005-612);
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.
Signature(s)
Dated:
X MOM
Printed Name of all owner(s)
Douglasfk Evans Date
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 29, 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. (Seal)
*arvy
HENSLEY
ublic
Commission # 1521423
Expiration: October 23, 2008
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Rlverslde County
My Comm. Expkes Oct 23.2008