Loading...
MUP 2005-639an}< P.O. Boa 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 April 17, 2006 Mr. Bruce R. Baumann . 44-239. Monterey Avenue Palm Desert, CA 92260 RE: MINOR USE PERMIT 05-639 SECOND RESIDENTIAL UNIT 57-715 CORAL MOUNTAIN COURT Dear Mr. Baumann: (760') 777-7000 FAX (760) 777-7101 The Community Development Department had originally approved Minor Use Permit. 05-639 on June 2, 2005. Per recent discussions and a re -review of the application, we, have amended the original approval of a guesthouse. to this approval of your request to establish a second residential .unit at 57-715 Coral Mountain Court (Lot 'l, TR 29963), subject to the following Conditions: 1. Only one second, residential unit may be established per parcel in addition to the primary residence. The second residential unit shall be an accessoryuse to a primary residence on a single-family lot. 2. The second residential unit shall be architecturally compatible with the main residence on the property. 3. The second residential unit shall comply with all applicable zoning requirements in the. district where the property is located. 4. The second residential unit shall not exceed seventeen feet in height and not be more than one story. 5. The floor area of the second residential unit shall not exceed 30% in square feet of the total floor area of the main dwelling unit. 6..,A minimum of three off-street parking spaces shall be provided for the primary residential unit and a approved second residential unit, including the following: a two -car garage for the primary residence and one space enclosed or open for the second residential unit. . 7. The second residential unit may have a .kitchen and/or cooking facilities. 8. The second residential unit may be separately metered for gas, electricity, water, sewer, and other utility services. The City may elect to add conditions to mitigate any problems that may arise not previously addressed herein. This decision may be appealed to the Planning Commission by anyone provided they submit the necessary paperwork and filing fee of $175.00 with this office within 15 days of approval of this permit. Should you have an questions, please contact me at 760-777-7125. Sincerely, JAU Assista t -Planner C: Building &. Safety Department RECORDING REQUESTED BY:.. : City of La'Quinta Attn : City Clerk 78495 Calle Tampico La Quinta, California 92253 WHEN RECORDED PLEASE MAIL.TO: Bruce Baumann 44239 Monterey Avenue Palm Desert, California 92260 DOC # 2020-0127087 03/19/2020 09:25 AM Fees: $0.00 Page 1 of 6 . . Recorded in Official Records County of Riverside PeterAldana Assessor -County Clerk -Recorder. "This document was electronically submitted to the County of Riverside44 recording*' Receipted by, NADIA #948 AMENDED AND RESTATED COVENANT AND AGREEMENT - RESTRICTING THE USE OF THE RESIDENCE AT 57715 CORAL. MOUNTAIN COURT, LA QUINTA, CALIFORNIA This Amended and Restated Covenant and Agreement Restricting the Use of the Residence at 57715 Coral Mountain Court, La Quinta, California ("Agreement") is made and executed this 18t" day of March, 2020 by Bruce R. Baumann and Janiffer.A. Baumann as the recorded owners of the property described herein ('`Owners"). The City of La Quinta (°City" ), a California Municipal Corporation, and, Charter City, is hereby made a party to this Agreement for the purposes set forth below. The undersigned Owners hereby certify that they are the property owner of the following described real property: 57715 Coral Mountain Court LOT 1, BLOCK 762, PAGE 44, TRACT 29963, in the City of La Quinta, County of Riverside, State of California The City of La Quinta issued a, building permit SFD-04-7914 for certain improvements related to a guest house, which were constructed on said property. The undersigned Owners, for the expressed benefit of the City, do hereby covenant and agree 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. 2005-639); 2. All on -site facilities are intended for the sole occupancy of the. property Page 1 of 3 DOC #2020-0127087 Page 2 of 6 owner(s), guests, and caretakers (i.e., a maid and/or housekeeper, etc.); and 3. 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 Agreement expressly supersedes that certain Covenant and Agreement Restricting the Use of the Residence at 57715 Coral Mountain Court, La Quinta, California, executed on the 315t day of May, 2005, and recorded on the 8th day of June, 2005, as Instrument No. 2005-0452839 in the Official Records of Riverside County, California ("Prior Covenant and Agreement"), and hereby expressly removes the restrictions related to "kitchen or cooking facilities" as set forth in the Prior Covenant and Agreement. This Agreement shall run with the land and shall be binding upon future owners, their successors, heirs, or assigns, and the Owners themselves, and shall continue in effect while said accessory building remains on the real property or unless otherwise released by the authority of the City. All leases of said, dwelling and/or property shall be subject to this Agreement and restrictions herein. This Agreement shall be entitled to the remedy of injunctive relief in addition of any remedy in law or equity. This Agreement and the provisions hereof are irrevocable, except by the written consent of all parties to the agreement, including the City. 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 in securing performance of such obligation, including attorney's fees. [signatures on next pagie] Page 2 of 3 DOC #2020-0127087 Page 3 of 6 CITY OF LA QUINTA, a California Municipal Corporation, and Charter City By: Date: J illen, City Manager ATTEST: By: -�(4 Monika R deva, Uty Clerk APPROVED AS TO FORM: By: William H. Ihrke, City Attorney OWNER(S): By: S��.S"�t -� ,—_M1 Date: 3 f 1 DfJ Bruce R. Baumann, Owner • ALL PURPOSE NOTARY ACKNOWLEDGEMENT(S) MUST BE ATTACHED FOR EACH SIGNATURE Page 3 of 3 DOC #2020-0127087 Page 4 of 6 NOTARY ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies - only the identity of the individual who signed the document, -to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Riverside ) On March 10, 2020 before me, NICHOLE ROMANE, Notary Public, personally appeared BRUCE BAUMANN who proved to me on the basis of satisfactory evidence, to be the personal whose nameW isfaFe subscribed to the within instrument, and acknowledged to me that he/she/#aey executed the same in his/beF/their authorized capacity(ies)'and that by his/hef/#veii= signature{ } on the instrument the persons* or the entity upon behalf of which the person{} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. *my NICHOLE ROMANSNotary Public - CaliforRiverside CountyCommission N 2312710Signature: Comm. Expires Nov 16, 2023 (notary seal) DOCUMENT: Amended and Restate Covenant and Agreement Restricting the use of the Residence at 57715 Coral Mountain Court, La Quinta, California DOC #2020-0127087 Page 5 of 6 NOTARY ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only' the identity of the individual who signed. the document, to which this certificate is attached, and not the truthfulness, accuracy,.or validity of that document. State of California ) County of .Riverside ) On March 18, 2020 before me, NICHOLE ROMANE, Notary Public,. personally appeared JANIFFER BAUMANN who proved to 'me on the basis of satisfactory evidence to be the person{-s-} whose nameW isfafe subscribed to the within instrument, and' acknowledged to me that -he/she/ executed the same in his/her/their authorized capacity(ies) and that by 4.+is/her/theif signature{} on -the instrument the personks�,- or the entity upon behalf of which the person{} acted, executed the instrument. I -certify under PENALTY OF PERJURY under. the laws of the State of California that the foregoing paragraph is true and correct.' WITNESS my hand and official seal.. *my NICHOLE ROMANE Notary Public - CaliforniaRiverside County Commissiong23t27tuSignature:,O�� Comm. Expires Nov 16.2fi23 (notary seal) DOCUMENT: Amended and Restate Covenant and Agreement Restricting the use of the Residence at 57715 Coral Mountain Court, La Quinta, California I DOC #2020-0127087 Page 6 of 6 NOTARY ACKNOWLEDGMENT A 'notary -public or other officer completing this certificate verifies only the identity of the individual -who signed the document, to which this certificate is attached, and not the truthfulness,, -accuracy,, or validity of that document. State of California County of Riverside ) On March 18, 2020 before me, MONIKA RADEVA, Notary Public; personally appeared JON McMILLEN who proved to me on the basis of satisfactory evidence to be the person{-} whose name{-} is/afe . subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/heF/their authorized capacity(mes), and that by his/weir signatureW,on the instrument the persons} or the entity upon behalf of which the person{-} acted, executed the instrument. I certify under PENALTY OF -PERJURY under the .laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: MONIKA•RADEVA Notary Public - California i ;-: Riverside County i Z Commission # 2168979 My Comm. Ex Tres Oct 22. 2020 (notary seal) DOCUMENT: Amended and Restated Covenant and Agreement Restricting the Use of the Residence at 57715 Coral Mountain Court,.La`Quinta, California Executed: March 18, 2020 r. JF K MC4 P.O. Box 1504 LA QUIN'I'A, CALIFORNIA 92247-1504 78-495. CAL:Lj TAMPICO(760) 777-7000 LA Q`�.INTA, CALI!FORN,IA 92253 k. f.;,, FAX (760) 777-7101 June 2, 2005 Bruce Baumann 44239 Monterey Avenue Palm Desert, CA 92260 FILE COPY SUBJECT: Approval for Minor Use Permit 2005-639 Dear Mr. Baumann: Your request for Minor Use Permit 2005-639 to allow the construction for a new custom guest casita at 57-715 Coral Mountain Court is hereby approved. 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 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, �. fl TIM NGE Assistant nner Attachment c: Building and Safety Department p:\mup LA 2005-639.doc RECORDING REQUESTED BY: Bruce Baumann 44239 Monterey Avenue Palm Desert, CA 92260 WHEN RECORDED PLEASE MAIL TO: Bruce Baumann 44239 Monterey Avenue Palm Desert, CA 92260 DOC a *05-0452839 06/08/2005 08:60A Fee:NC Page 1 of 4 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk 8 Recorder I IIIIII IIIIIII III IIIIII III IIIIIII IIIII III IIIII 11111111 MU PAGE S12E DA PCOR NOCOR SMF MISC. l W A R L I COPY I LONG REFUND NCHG E%AM COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT 57715 CORAL MT. COURT, LA QUINTA, CALIFORNIA This Covenant and Agreement are made and executed this 31T" of May 2005 by Bruce R. Baumann as the recorded owner(s) of the property described herein. The City or -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 1, BK. 762, PG. 44, TR 29963, 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. 2005-639; 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. X 2. 101 Signature(s) Dated: to (o -V- Printed Name of all owner(s) Douglas . Evans bate Community Development Director City of La Quinta b ALL PURPOSE NOTARY ACKNOWLEDGMENT(S) MUST BE ATTACHED IN 8 1/2 X 11 " FORMAT, FOR EACH SIGNATURE. CALIFORNIA•ACKNOWLEDGMENT i...:t::at t:c t_' A.C• c..a c S..,... '.Ttsit!=t,.s t,.:t'..c S aL ..:fie: '..aa,.7c,....h,',.t i.s.'•.'i'at:-i..,a :C S t .aS,.: State of California County ofA4ex, G - ss. On r /uw e___ before me, iir e- /.V le /el !.k Date Name and Title of OHic r (e.g., Ane Doe, Notary Public ' personally appeared , !! re oe— lLaa0W_&" T Name(s) of Signer(s) ELAINE M. EAGLE 1451779 zrx; ICommisslon Notary Public - California zRiverside County Comm. Expires Nov 18, 2007 personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that hoA&he/they executed the same in h/their authorized capacity(ies), and that by hisser/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above , Signature of N0'15">110" o ryPu OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: _ Document Date: — p - /% 7 Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual Corporate Officer — Title(s): Partner — Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Signer's Name: Individual Corporate Officer — Title(s): Partner — Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 0 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1-800-876-6827 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) On O (3 /O , before me, Personally appeared &,,aft- %_ u-- perso ally kn n to me or proved to me on the basig of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature f the Notary' Put MMIS MNt+IIEY ' F Corra*ww M 1376909 Notary A"C - Corornia Riverside County My Comm. EOM OCt M 2006 en • , , , ,i ;1 t,; jrn r+alet:itilwJ ...