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MUP 1999-158 (AR)to e.. plop QE • P.O Box 1504 78-495 CALLS TAMPICO (760)•777-7000 0FiN�� LA:.QUI NTA, CALIFORNIA 92253 (TDD) (760) 777-1227 July 26, 1999. Mr. Michael Bergin Michael Bergin Construction `P: O. Box 2889 Palm Desert, California 92261 SUBJECT: MINOR USE PERMIT 99-158 Dear Mr. Bergin: The Community Development Department has approved your request to build a detached guest house at '47-540 Via Montessa pursuant to the provisions of the Zoning Ordinance. Prior to obtaining a r building permit to construct the new improvement, the enclosed Covenant paperwork'shall be notarized and recorded with the Riverside County Recorder's Office. Once recorded, please submit a copy of the . documents to this Department for filing: ' If you have any'additional questions, please contact me at (760) 777-7067. Sincerely, JE Y MAN M N TY DEVELOPMENT DIRECTOR US GDELL'' .. Associ ate Planner Enclosure. fi c: Community Development Director Building and Safety'Director + �. . WEg Butler, Counter Technician (B&S) `u LTMUP158 `36 - .RECORDING REQUESTED BY: City of La Quinta Community Development Department r City of La Quinta, California , WHEN RECORDED PLEASE,MAIL TO: s City of La Quints - Community Development Department c/o Greg Trousdell ` P.O. Box 1504 ' . — - r _�_ " _ .• �_ . _-- __ La Quinta,,CA 92253 ` +� COVENANT AND AGREEMENT.RESTRICTING THEUSEOF THE RESIDENCE AT 47- , 540 VIA MONTESSA IN LAKE LA QUINTA, LA QUINTA; CALIFORNIA ; This covenant and agreement are made and executed on this'the 26" day of July, 1999, by .Robert G. Byington and Barbara W. Byington 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: ' T Lot 236 of Tract No. 26152, in the City of La Quinta, County.of Riverside ' In consideration of the. City of La Quinta issuing •a building permit for certain improvements which will be constructed on said'property, the undersigneddoes 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 (Mino`r Use Permit No. 99-158); - . 2. No kitchen or cooking facilities shall be constructed in the guest house per the provisions of Chapters 9.30.030.(RL Zone District) and 9.60.100 (Guest Houses) of the La Quinta Municipal Code; and, ' 3. All on-site facilities are intended for the sole occupancy of f --le property owner(s),t . non-paying guests, and domestic employees. This covenant and agreement shall run with the land and shall be bindirg 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 Covl58-p 4 f agreement shall be entitled to the remedy of injunctive relief in addition cf 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, modifiee., 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 o, perform any obligation hereunder, they hereby agree to pay all costs and expenses inc-urred by the City of La Quinta in securing.performance of such obligation, including attorney's fees. Dated: By: Robert G. Byington By: - Barbara W. Byington Notary By: Christine Di Iorio, Planning Manager City of La Quinta Cov 158-p y� (CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State. of County of, r. On 9 before me, i s /e.51 DATE NAME, TITLE OF OFFICER - E.G., JANE DOE, NOTARY PUBLIC - person appeared NAME(S) OF SIGNER(S) personally known to me - OR - ❑. proved to me on the basis of ' satisfactory evidence to be the person( whose `name(e) is/we subscribed to the' within instrument and ac- - knowledged to me that W/she/tbeq executed ' the same in laK/her/thtifi authorized capacity(OS"),. and that by hzit/her/their signature(s)on the instrument the person(s, OFFICIAL e•:. SEAL HELY � or the entity upon behalf of which the COMM. #1107891 ,.Notary Public - California personal acted, executed the -instrument. RIVERSIDE COUNTY My Commission Expires a,robe,• AUGUST 7, 20,0) h S my hand and official seal. IGNATURE OF NOTARY' ' OPTIONAL Though the data below is not required by law, it may, prove valuable to persons' relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) t r PARTNER(S) ❑ LIMITED. ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES. ❑ TRUSTEE(S) ". GUARDIAN/CONSERVATOR ❑ OTHER:. - DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE t ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 r