MUP 2004-583P.O. Box 1504
LA QUINTA, CALIFORNIA 9224.7-1504
78-495 CALLE TAMPICO (760)' 777-7000
LA QutNTA, CALIFORNIA 92253 FAX (760) 777-7101
December 27, 2004
Andrew Pierce Corporation
44-835 Deep Canyon
Palm Desert, CA 92266
SUBJECT: Approval of Minor Use Permit 2004-583
Dear Mr. Andrew Pierce:
Your request for Minor Use Permit 2004-583 to allow an attached guesthouse foe
a new residence at�8=621~Deacon Drive-East--for__Andrew Pierce .is hereby
approved. Enclosed is the approved original -Deed -Restriction for this Minor Use
Permit. It must be signed by Mr. Pierce 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,
Tim Nguyen
Assistant Planner
Attachment
C,C Building and _Safety__Department,__f
p:\tim\mup/LA 2004-583.doc
RECORDING REQUESTED BY:
City of La Quinta — City Clerk's Office
PO Box .1504
La Quinta, CA 92247-1504
WHEN RECORDED PLEASE MAIL TO:
Andrew Pierce Corporation
44-835 Deep. Canyon
Palm Desert, CA 92266
COVENANT AND AGREEMENT RESTRICTING THE 'USE OF THE RESIDENCE AT
78-621 DEACON DRIVE EAST, LA QUINTA, CALIFORNIA
This covenant and agreement are made and executed this 27`h day of
December, 2004_by Andrew Pierce, 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 12 of Tract 28470-1, 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 (Minor Use Permit No. 2004-583);
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 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 .inaccordance 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 obligati.on 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:
Printed Name of all owner(s)
X // U
Thomas. P. Genovese Date
City Manager/Interim Community Development Director
City of La Quinta
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 tome 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)
REG IA HENSLEY
Notary Public
Commission # 1.521423
Expiration: October .23, 2008
REGEMA HENM
CotmNon 0-15,21423
Lip Notary Pubic - California
RNerslde County
MY Comm. ExpUes Oct 23.2008