2004-578 MUPsP.O. Box 1504
LA.QUINTA, CALIFORNIA 9224.7-1504
78-495 CALLF TAMPICO
LA QUINTA, CALIFORNIA 92253
December 27, 2004
Sun Vista Development
P.O. Box 1 144
La Quinta, CA 92247
SUBJECT: Approval of Minor Use Permit 2004-578
Dear Sun Vista Development: -
(7 6 0)
evelopment:
N
(760) 777-7000
FAX (760) 777-7101
Your request for Minor Use Permit_ 2004-57.8 to allow an attached guesthouse for
a new residence of 53-472_ Via Bellagio for Nispero Properties is hereby approved.
Enclosed is the approvedl original DeedRestriction-for- -this Minor' Use Permit. It
must be signed by Nispero Properties 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,
I
"I --
Tim Nguyen
Assistant Planner
Attachment
,G: ---Building and -Safety Department'
p:\tim\mup/LA 2004-578.doc
Grantee, by acceptance and recordation of this Grant Deed, hereby (a) accepts and
approves all of the foregoing in this Grant Deed, (b) grants to Grantor and The Hideaway
Owners Association such powers and rights as are set forth in the Declaration ,and (c) accepts,
covenants and agrees to be bound by and assume performance of all of the applicable provisions
and requirements set forth in the Declaration, including Section 13.15 establishing the procedure
for resolving disputes with Grantor, and the notice, which provisions and requirements are
acknowledged to be reasonable and incorporated herein by this reference thereto. This grant is
conditioned upon the performance of such provisions and requirements as are to be performed by
Grantee under the Declaration. The restrictions on use and occupancy of the Lot are set forth in
the Declaration to which this Grant Deed is specifically and expressly made subject.
GRANTEE HEREBY ACCEPTS AND APPROVES THE FOREGOING, granting unto
Grantor and The Hideaway Owners Association such powers and rights which are set forth in the
Declaration defined above, on 2003.
STATE Op��c
aa ) ss.
COUNTY OF
On V \ 2003, before me, the undersi ned, a notary public in and
for said State, personally appeare ' _ \; � personally known to me (er-
sat' nce) to be the person(s) whose name(s) i are
subscribed to the within instrument and acknowledged to me that he/she hey xecuted the same
in his/her it thorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(-s7,—or the entity upon behalf of which the person(s) acted, executed the instrument.
1111 IIIIIIIIIIIN1ullllll'VII �""'' �<a•
RECORDING REQUESTED BY:
City of .La Quints —.City Clerk's Office
PO Box 1504
La Quinta; CA 92247-1504
WHEN RECORDED PLEASE MAIL.TO:
Sun Vista Development
P.O:Box 1 144
La Quinta, CA 92247
COVENANT AND AGREEMENT RESTRICTING THE USE OF THE, RESIDENCE AT
53-472 VIA BELLAGIO, LA QUINTA, CALIFORNIA
This covenant and agreement are. made and executed this 27th day of
December, 2004_by Nispero Properties, 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 337 of Tract 29894-2, .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 (Minora Use Permit No. 2004-578);
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
property owner(s), guests, and
housekeeper, etc.); and,
for the. sole occupancy of the
caretakers (i.e., a maid . and/or
4. The guest house shall be used pri.marily 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 amendedfrom 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 onthe 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 'agreernent .
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:
Thomas P. Genovese
City Manager/Interim Community Development Director
City of La Quinta
Printed Name'of all owner.(s)
Date
ALL PURPOSE NOTARY-ACKNOWLEDGMENT(S) MUST BE ATTACHED IN 8 1/2 X
.1-1 " 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: (Seal)
REGENIA HENSLEY
Coffin N 1521423
RE IA H ENSLE Notory Pubk - coltomlo .
Riverside county .
Notary Public MyComm. ExiUesOct 23.2M8
Commission # 1521423
Expiration: October 23, 2008