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MUP 2007-0967October 5, 2007 Mr. Garth and Maureen Mitchell 81-895 Golden Star Way La Quinta, CA 92253 SUBJECT: MINOR USE PERMIT 07-967; CASITA: 81-895 GOLDEN STAR WAY Dear Mr. and Mrs. Mitchell: Your request for approval of Minor Use Permit 2007-967 allowing the- construction of a casita at 81-895 Golden Star Way, 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 NotaryPublic. 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 Planning Department will sign the job card when the. recorded copy is received, which would provide our clearance to the Building & Safety Department to issue the - building final inspection. Until the recorded copy is . received by the Planning 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 Assistant Planner Attachments c.. Building and Safety Department P.O. Box 1504 • LA QUI.N,rA, CALIFORNIA 92247-1,504 78-495 CALLL TANIPIC0 • LA QUINTA, CALIFORNIA 92253 . (760) 777-70.00 -FAX (760) 777-7101 - & .` RECORDING REQUESTED BY: Garth and Maureen Mitchell 81-895 Golden Star Way La Quinta, CA 92253 WHEN.RECORDED PLEASE MAIL TO: Garth and Maureen Mitchell 81-895 Golden Star Way La Quinta, CA 92253 COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCES AT 81-895 GOLDEN STAR WAY, LA QUINTA, CALIFORNIA This Covenant and Agreement are made and executed this 5th day of October, 2007 by Garth and Maureen Mitchell, 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: TRACT 30023, LOT 89, APN 764-500-021; 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. 07-967); 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.); 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 r 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 a,nd 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) PlaWing Director City of La Quinta /o • . 54a 7 Date ALL PURPOSE NOTARY ACKNOWLEDGMENT(S) MUST BE ATTACHED IN 8 1/2 X 11" FORMAT, FOR EACH SIGNATURE. STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss.. CITY OF LA QUINTA) On a ` y be ore me � Nota Public personally Notary , P Y appeared personally known to me or proved to me on the basis of 69tisfactory evidence to be the persons) 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 person(s) acted, executed the instrument. WITNESS my hand and official seal Signature of the Notary Public coffin o • 172a�11 N.otory hate - Call}omio RMonido COWRY MyComm.��hb�,�011_