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06-868 (AR)T4 P.O. Box 1504 LA Q,U_INTA, CALIFORNIA 92247-1504 78-495 CALLS TAMPICO (760) 777-7000 LA QUINTA, CALIFORNIA 92253 FAX.(76.0) 777-7101 December 22, 2006 t Mr. Michael Moorhead 11 Torrey Pine Lane Newport Beach, -CA 92660 SUBJECT: MINOR USE PERMIT 06-868 t CASITA: 78-502 TALKING ROCK TURN Dear Mr. Moorhead: Your request for approval of Minor Use Permit 2006-868 allowing the construction of a casita at,78-502.Talking Rock.Turn, in'La Quinta, is hereby. approved. You'may now contact the Building &:Safety Department for your building permit. 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 the City for our files. The Community Development Department will, sign the job card when the recorded copy is received, which would provide our. clearance to the Building A. Safety Department to issue the building final inspection. Until the recorded copy is received by. the Community Development' Department, your Minor Use Permit is not complete and` a final inspection will not be conducted by the Building & Safety Department. Should you have any questions, please call me' at (760) 777-7125. Sincerely, ERIC CEJA t Assistant Planner Attachments c. Building and Safety Department RECORDING REQUESTED BY: - Michael Moorhead 11 Torrey Pine Lane ` Newport Beach, CA 92660 . WHEN RECORDED PLEASE MAIL TO: Michael'Moorhead 11 Torrey Pine Lane Newport Beach, CA 92660 COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCES AT 78-502 TALKING ROCK TURN, LA QUINTA, CALIFORNIA, . This Covenant and Agreement are made -and executed this 22nd day of December by Michael Moorhead, 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: APN 770-300-015: Lot 33, Tract 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. 06-868); 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.); ana, 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). Printed Name of all owner(s) . Da d: X �Z•Z2.O(o 4Les ohnson Date Planning Manager City of. La.Quinta y ALL PURPOSE.NOTARY ACKNOWLEDGMENT(S) MUST BE ATTACHED'IN,8" 1/2 X 11" FORMAT, FOR EACH SIGNATURE. STATE OF CALIFORNIA) r- COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA) On I�2a- D , 'before me, (::AAk.Lb � Notary Public, personally. appeared `q -o— ` �p rsonall known to me' or proved to me on the basis, of s factory` 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 persons) acted; executed the instrument. ;. WITNESS my hand :and official seal Signature f the NotaryPublic AWMUN ConMMNlon.� 1697M Nolo�y RAM - CaManlo i nweaft CCU* NlrCarra BpMr� Ocl l b. �Ol .