2005-5794q&
P.O. Box 1504
78-495 CALLe TAMwlco (760) 777-7000
LA'QU1NT.A, CALIFORNIA 92253 FAX '(760) 777-71.01
January 28, 2005
Sun Vista Development
P.O-.'Box 1144
La Quinta, CA 92247
SUBJECT:.Approval for Minor Use Permit 2004-579 .
Dear Sun Vista Development:
Your request for Minor Use Permit 2005.579 to allow the construction for a
new ,custom guest casita a,08_442 TalkifigRock Turn for Robert J. Caped -
is hereby approved. Enclosed is the approved original Deed Restriction for
this Minor Use Permit. It must be signed by Robert J. Capetz 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 use for our files.
Until the recorded copy is received, our Minot 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 meat (760) 777-7070.
Very truly yours,
Tim N9 u Y en" .
Assistant Planner
Attachment
C� Building an.d.S.afety Department
p:\mup.LA 2004-579.doc'4
RECORDING REQUESTED BY:
Sun Vista Development
P.O.- Box .1 144
La Quinta, CA 92247
WHEN RECORDED PLEASE MAIL TO:
Sun Vista Development
P.O. Box 1144..
La Quinta, CA, 92247
COVENANT AND AGREEMENT RESTRICTING THE USE OF'THE RESIDENCE AT
'78-442 TALKING ROCK TURN, LA QUINTA, CALIFORNIA
This covenant and agreement, are made and executed this 26`h day-. of
January, 2005 by Robert J. Capetz, 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 30, BK. 770 PG. 30, 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. 2004-579);
.2. No kitchen or cooking facilities shall be constructed in theguest 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 Quints,.. 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 obligationhereunder, 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.
3'.
Signature(s) Printed Name of all owner(s)
Dated:
X
Dou . 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.
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
On January 28, 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)
REGENiA HENSLE1Y
Commission # 1521423
-d Notary Public - Cdifornla
RE IA HENSLEY Riverside count
Notary Public nnvComm.ExpiresOct23,M
1
Commission # 1521423
Expiration: October 23, 2008