MUP 2004-535V FN
P.O. Box 1504
78-495 CALLSTAMPICO
LA QUINTA, CALIFORNIA 92253
September 28, 2004
Mr. Larry Mcna.bb
80-364 Hermitage
La Quinta, CA 92253
SUBJECT: Approval of Minor Use Permit 2004-535
Dear Mr. Mcnabb:
(760) 777-7000
FAX (760) 777-7101
Your request for Minor Use Permit 2004-535 to allow a detached guesthouse for
your residence at-80--3-6-4-Hermitage-is-hereby approved. Enclosed is the approved
original Deed Restriction for.this -Minor, Use Permit. It must be signed by you in
front of a Notary Public. The original approved documents are 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) 777-7064.
Very truly yours,
OSCAR ORCI, INTERIM
COMMUNITY DEVELOPMENT .DIRECTOR
STAN B. SAWA
Principal Planner
sbs
Attachment
C: \14' Building and Safety Department
Bob Edwards Construction, Inc.
p:\stan\mup tup\Itr app mup 2004-535.doc
N
RECORDING REQUESTED BY:
Mr. Larry McNabb
80-364 Hermitage
La Quinta, Ca 92253
WHEN RECORDED PLEASE MAIL TO:
Mr. Larry McNabb
80-364 Hermitage
La Quinta, Ca 92253
COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT
80-364 HERMITAGE, LA QUINTA, CALIFORNIA
This covenant and agreement are made and executed this 28`h day of
September, 2004, by Mr. Larry McNabb, 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:
Portions of Lots 16 and 17 of Tract 28118, 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:
The guest house may not be rented nor sold independent of the- main
single family residence (Minor Use Permit No. 2004-535);
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 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.
A
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.
Z " ,M
Omar _/. Orci - ' date
Interim Community Development Director
City of La Quinta
Signature(s)
Date
Printed Name(s)
ALL PURPOSE NOTARY ACKNOWLEDGMENT(S) MUST BE ATTACHED IN 8 00 X
11 " FORMAT, FOR EACH SIGNATURE.
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINTA )
On �` �{ , before me,
Personally appeared E��c4x V,� . Utic-> persona ly knov4to me ef-
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 person(s) acted, executed the instrument.
WITNESS my hand and official seal,
Signature f the NotaN Pub Ic
PHYLLIS MANLEY
'Commission # 1378908
-� 'Notory Public - Calltomia
Riverside County
My Comm. EMlresOct 16, 2006