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2005-646 (SATT)M P.O. Boa 1504 LA-QUINTA, CALIFORNIA 92247-1504 78-495 CALLS TAMPICO (760) 777-7000 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 September 15, 2005 Mr. Paul Castillo, Desert Star Builders 74-854 Velie Way Palm Desert, CA 92260 SUBJECT: MINOR USE PERMIT 2005=646 78-865 LIMA Dear Mr. Castillo: Your request for approval of Minor Use Permit 2005-646 allowing the construction of a casita addition at 78-865 Lima is hereby approved. You may new 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 Notary Public.' The original *approved documents are then to be recorded with the County Recorder, with a recorded copy giver to the City for our files. The Community Development Department will sign the job and when the recorded copy is received, which wouid provide our clearance to the Building & Safety Department to issue the building final inspection. Until the recorded copy is receive; .by the Community Development Department, your Minor Use Permit is not complete and a firl.-ai inspection will not be conducted by the Building & Safety Department. Should you have any questions, please cali me at (760) 77; Very truly yours, JAY WUU Assistant Planner Attachments c: -Building -a d Safety- Department r M RECORDING REQUESTED BY: Mr. and Mrs. Earl Gantz WHEN RECORDED PLEASE MAIL TO: Mr. Paul Castillo 74-854 Velie Way Palm Desert, CA 92260 COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT 78-865 LIMA, LA QUINTA, CALIFORNIA This Covenant and Agreement are made, and executed this 15th day of September by Mr. and Mrs. Earl Gantz, 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: LOT 27, TR 24890-4, 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. 2005-646); 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 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. By: 1 2. 3. Signature(s) Dated: Douglas. Evans Community Development Director City of La Quinta Printed Name of all owner(s) Date STATE OF CALIFORNIA ) COUNTY .OF RIVERSIDE ) ss. CITY OF. LA QUINTA ► On September 19, 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 HENSLEY RKEGEV HENSLEY corraftsIonI1521423 Notao Public y' "°ry KA:Mc C-dff W werakse'-4mly, . Commission # 1521423 Mv►•:E� Expiration: October 23, 2008