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MUP 1996-003I V. •4 4a 78-495 CALLE TAMPICO — LA QUINTA, CALIFORNIA 92253 - (619) 777-7000 FAX (619) 777-7101 January 22, 1997 Recorder's Office County of Riverside PO Box 751 Riverside, CA 92502-0751 SUBJECT: MINOR USE PERMIT 96-003 ^ea: Colleague: e t1441 Q/C®/k RF D Enclosed is a covenant restrictingus f a guest house at 49-035 Calle-Flora in the City. of La Quinta. Please record this agreement and return it to our Department when completed. We have enclosed a return envelope with postage for your convenience. Thank you for your assistance. If you have any questions, please contact me at (619) 777-7067. Sincerely, JERRY EE-RMAN CO iMI'VY DEVELOPMENT DIRECTOR GT. Enclosure c: Building and Safety Department L TCcUN12-c MAILING ADDRESS - P.O. BOX 1504' LA QUINTA, CALIFORNIA ,92253 \�(�� V RECORDING REQUESTED BY: City of La Quinta Community Development Department City of La Quinta, California WHEN RECORDED PLEASE MAIL TO: City of La Quinta Community Development Director PO Box 1504 La Quinta, CA 92253 COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT 49- 035 CALLE FLORA, LA QUINTA, CALIFORNIA This covenant and agreement are made and executed on this the fth day of January, 1997, by John C. Mc Donald and Gayle Anne McDonald, for 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 or she is the property owner of the following described real property in the City of La Quinta, County of Riverside, State of California: Lot 8 of Tract 21120 recorded in Book 160, Pages 81-83, inclusive of Maps, records of Riverside County, California, and amended by Certificate of Correction recorded November 22, 1991, as Instrument No. 406707, official records (APN: 631-771-008). 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: The guest house may not be rented nor sold independent of the main single family residence (Minor Use Permit No. 96-003); 2. No kitchen or cooking facilities shall be constructed in the guest house per the provisions of Sections 9.3 0.030 (RL Zone District) and 9.60. 100 (Guest Houses) of the La Quinta Municipal Code and Specific Plan .121-E; 3. All on-site facilities are intended for the sole occupancy of the property owner(s), nonpaying guests, or domestic employees. 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 Cov4-12a 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 and nonmodifiable 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. If 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. Dated:J9 By:P94 0/GU�q04 It n It,, a a WaO6 J hn . Mc Donald le Ann Mc Donald a 4ta By: C Christine di Iorio, Plahning Manager City of La Quinta Cov4-12a KAY LOUISE SHEETS Notary Ptb1c — CGROMW If RIVEMDE COUNTY • My Comm. 9q*ss MAY 11.1999 State of California County of Riverside On /—a/ —q 7 before me, Phyllis Manley, Notary Public, personally appeared Christine di Iorio, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her 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. (S PHYLLIS MANLEY <,. comm. 0104M NOWY Ptibk — Ca6fWft RIVERSIDE couNn comm. Exams OCT 16. IM Document Description: Covenant/Agreement restricting use of residence at 49-035 Calle Flora Number of Pages: Date of Document: 1/17/97 78-495 CALLE TAMPICO — LA QUINTA, CALIFORNIA 92253 - (619) 777-7000 FAX (619) 777-7101 October 24, 1996 Mr. Glenn B. Enger, AIA 74-461 De Anna Way Palm Desert, CA 92260 SUBJECT: MINOR USE PERMIT 96-003 (49-035 CALLE FLORA) Dear Mr. Enger: The house plans prepared for Mr. and Mrs. Jack McDonald include a guest house which requires separate review and approval by the Community Development Department (i.e., Minor Use Permit application). Copies of the Zoning District standards and application for your project are attached. Please submit the application -and filing fee of $75.00 to our Department for processing in conjunction with your Building and Safety Department plan check. When submitting your application, please also include a copy of the Grant Deed for the property so that we can prepare the covenant agreement • paperwork as required by Section 9.60.100. Thank you for your cooperation. If you have any additional questions, please contact me at (619) 777-7067. Sincerely, ":4 DEVELOPMENT DIRECTOR GT. Enclosures c: Mark Harold, Building and Safety Director • LTMUP003-12 MAILING ADDRESS P.O. BOX 1504 - LA OUINTA, CALIFORNIA 92253, _: