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MUP 2004-545 Guest House Attachedh P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 November 16, 2004 Ms. Kristi Hanson Kristi Hanson Architect Inc. 72-185 Painters Path, Suite A Palm Desert, CA 92260 SUBJECT: Approval of Minor Use Permit 2004-545 Dear Ms. Hanson: (760) 777-7000 FAX (760) 777-7101 Your request for Minor Use Permit 2004-545 to allow an attached guesthouse for a new residence at 80-765 Via Montecito for Mr. and Mrs. Moresco is hereby approved. Enclosed is the approved original Deed Restriction for this Minor Use Permit. It must be signed by Mr. and Mrs. Moresco in front of a Notary Public. The original approved documents are thenn 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 �w�, SGtivsL�, STAN B. SAWA Principal Planner sbs Attachment C: Building and Safety Department p:\stan\mup tup\Itr app mup 2004-545.doc ��� FIDF:L ITY NATIONAL TITLE COMPANY SUBDIVISION DEPARTMENT WHEN RECORDED MAIL TO: Mr. a Mrs. Dennis Moresco 3330 San Fernando Rd. Ataseadero. CA 93422 MAIL TAX STATEMENT TO: SAME AS ABOVE 000 U 2004-0269062 83i31/"" OO:pn Fea:16.08 P.oa ! ar 4 Ono T Tax Paid p�oardad In Offleiel Baoords County of Alvaralds wry L. Orea fbamwer, County Clark • Roeorder III 111111111 DOCUMENT TRANSFER TAX S 1.017.50 XX Computed on the consideration or value of property conveyed; OR Computed on the coosidemdon or value less liens or encumbrances remail)* At the time of sale. Tp—oa0 Signature of Deckram or Agent determining tax - Finn Name GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ND LA QUINTA PARTNERS, LLC, a Delaware limited liability company ("(;rantor"), hereby GRANT(S)to Dennis A. Moresco and Patricia M. Moresco, Trueteea of IME MORESCO FAMILY TRUST Dated January 24, 2003 CGranted'), the real property located in the City of La Quints, County of Riverside, State of California, described as: See Legal Description attached hereto and incorporated herein as Exhibit "A". SUBJECT TO all matters of record including, without limitation, the covenants and agreements described in Exhibit :`A" attached hereto. Dated:2 j �L ND LA QUINTA PARTNERS; LLC, a Delaware limited liability company By: Nationwide Realty Investors, Ltd. an Ohio limited liability cont its managing m5ooer By: •rr�t: Arenson Authorized Representative Description: Mversfde, CA Document Year. DOWD 2004.229562 Page: 1 of 4 Order. 08-26-2004 03-33-47 PM Comment ATTN ROB FROM AUSTIN Z0' d RR11tbgl 11141 i R n 1 LJ 1 7 . r 1 hMn7 07 nnu U ..x A. A ._ t• _ _ COM Loma arkr0� 61 I NMI DOCUMENT TRANSFER TAX S 1.017.50 XX Computed on the consideration or value of property conveyed; OR Computed on the coosidemdon or value less liens or encumbrances remail)* At the time of sale. Tp—oa0 Signature of Deckram or Agent determining tax - Finn Name GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ND LA QUINTA PARTNERS, LLC, a Delaware limited liability company ("(;rantor"), hereby GRANT(S)to Dennis A. Moresco and Patricia M. Moresco, Trueteea of IME MORESCO FAMILY TRUST Dated January 24, 2003 CGranted'), the real property located in the City of La Quints, County of Riverside, State of California, described as: See Legal Description attached hereto and incorporated herein as Exhibit "A". SUBJECT TO all matters of record including, without limitation, the covenants and agreements described in Exhibit :`A" attached hereto. Dated:2 j �L ND LA QUINTA PARTNERS; LLC, a Delaware limited liability company By: Nationwide Realty Investors, Ltd. an Ohio limited liability cont its managing m5ooer By: •rr�t: Arenson Authorized Representative Description: Mversfde, CA Document Year. DOWD 2004.229562 Page: 1 of 4 Order. 08-26-2004 03-33-47 PM Comment ATTN ROB FROM AUSTIN Z0' d RR11tbgl 11141 i R n 1 LJ 1 7 . r 1 hMn7 07 nnu STATE Of CAMornia COUNTY OF itivarside On March S. 2004 before me._ K. Lerby, Notary Public (Name, Tide of Officer) Personally appeared Joseph L. Arenson perewelly known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nameis) iatare subscribed to the within instrument and acknowledged to rye that he/aha/thev executed the same in hislhwitheir authorized capaclty (ees), and that by 11164W/thea signature(o) on the Mtrunmt the person(a), or the entity upon behalf of which the oersonis) acted, executed the instrument. WITNESS my hand and official 3601. ISigrt re o y bile) gcryc�nt Cr „wC��r26e7y� 0 RRrvEiC r AMY AJUE 24, Ipos (This area for notarial 6asi) Description Riverside, CA Document -Year DwID 2004.229502 Page. 2 of 4 Order. 08-26.2004 03-33-47 PM Comment A7TN ROB FROM AUSTIN rn 1 A RF'+fat q)) CAQ) I Q AI \1 i r -1. t� r �nrsn EXHIBI "A-, Leval Description Parcel No. 1: Lot 58 (the "Lot") of Tract No. 29894-4, in the City of La Quinta, as shown by Map on file in Book 351, Pages 49 to 57, inclusive, of Maps, in the Office of the County Recorder of Riverside County, California. EXCEPTING AND RESERVING THEREFROM TO GRANTOR, and its successors, assigns, invitees, licensees and employees, together with the right to grant and transfer all or a portion of the same, all easements and rights for access, ingress, egroas, encroachment, maintenance, drainage, support, and for other purpom over the AssoeMon Maintenance Areas and other portion of the Lot, reserved to Grantor in the following instruments: 1. The Amended and Restated Declaration of Covenants, Conditions and Restrictions and Reservation of easements for The Hideaway Owners Association (as amended or supplemented, the "Declaration"), recorded on December 13, 2002, as Instrument No. 2002- 745938, of Official Records of Riverside County, California (the "Official Records"); 2. The Supplementary Declaration of Annexation of Property, recorded on March 4, 2004, as Instrument No. 2004-0151981, of Official Records of Riverside Country, California. FURTHER RESERVING THEREFROM, the right to enter the Lot for a term of twelve (12) months following the recordation of this Grant Deed, to complete and repair any improvements or landscaping located thereon as determined necessary by Grantor, in its sole discretion, in order to comply with requirements for the recordation of the Final Tract Map, the grading of said Tract and/or in compliance with the requirements of applicable governmental agencies. Such entry by Grantor shall be preceded by reasonable notice to Grantee before such entry. if this resetvation of right of entry is not complied with by Grantee, Grantor may enforce this right of entry in a coast of law. Grantee shall be responsible for all damages arising out of said breach including attorneys' fees and court costs. This reservation of right of entry shall automatically expire twelve (12) months from the recordation of this Grant Deed. Parcel No. Nonexclusive easements for access, ingress, egress, drainage, maintenance, repairs and for other purposes, all as described in the Declaration, SUBJECT TO: 1. Non delinquent general, special and supplemental real property taxes and assessments. Description: Riverside, CA Document -Year. Doc1D 2004.2295e2 Page: 3 of 4 Order: 08-26-2004 03-33.47 PM Comment ATTN ROB FROM AUSTIN 17Ci' a ArzGIho/ ) no) t C n I ., , .". ,.. -- -- --.. �`4 MUU cc 0004 17:cc rK I V b t (big f /bob,1d e. bb 2. All other covenants, conditions, restrictions, reservations, easements, rights and rights-of-way of record including, without imitation, the Declaration and the Map for Tract No. 29694-4. Grantee, by wxgAzncc and recordation of this Grant Deed, hereby (a) accepts and approves all of the foregoing in this Grant Deed, (b) grants to Grantor and The Hideaway Owners Association such powers and rights as are set forth in the Declaration, and (e) accepts, covcrnmm and agrees to be bound by and assume performance of all of the applicable provisions and requirements set fbA in the Declaration, inchrding Section 13.15 establishing the procedure for resolving disputes with Grantor, and the notice, which provisions and requirements are acknowledged to be reasonable and incorporated herein by this reference thereto. This grant is conditioned upon the perforinance of such provisions and requirements as are to be performed by Grantee under the Declaration. The restrictions on use and occupancy of the Lot are set forth in the Declaration to which this Grant Deed is specifically and expressly made subject. GRANTEE HEREBY ACCEPTS AND APPROVES THE FOREGOING, granting unto Grantor and The Hideaway Owners Association such powers and rights which are set forth in the Declaration defined above, on A-6 12004. The Mo w/ m d Isnuary 24,2 Dennis A- Moresco, !Ymlce Patricia M. oresco, Trustee STATE OF _ t ,Al.i Men - A as. COUNTY OF Sart s Msoa _ ) On lmwrt 3a . 2004, More me, the under Snod, a notary public in and for said State, personally appeared Dench A. Moresco mad Patlricia M. Momseo personally known to rue (or proved to me on the basis of satisfactory evidence) to bo the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL. -- (SEAL) Sigature My commission expires: L40f° STATE OF SO O10&2 c..ri r.628"wt a M, M Mttranraa� Desraiptlon: Rivmide,CA Document- Year. Doo1D 2004.229562 Page: 4 of 4 Order- 08-26-2004 03,33-47 PM comment A7TN R08 FROM AUSTIN ** TOTAL PAGE.05 ** 't P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 November 16, 2004 Ms. Kristi Hanson Kristi Hanson Architect Inc. 72-185 Painters Path, Suite A Palm Desert, CA 92260 SUBJECT: Approval of Minor Use Permit 2004-545 Dear Ms. Hanson: (760) 777-7000 FAX (760) 777-7101 Your request.for Minor Use Permit 2004-545 to allow an attached guesthouse for a new residence at 807765 Via Montecito for Mr. and Mrs. Moresco is hereby approved. Enclosed is the approved original Deed Restriction fcr this Minor Use Permit. It must be signed by Mr. and Mrs. Moresco 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 woe will provide our clearance to the Building Department to issue the building permit Should you have any questions, please call me at (760) 777-70E•4. Very truly yours, OSCAR.ORCI, INTERIM COMMUNITY DEVELOPMENT DIRECTOR STAN B. SAWA Principal Planner sbs Attachment C: Building and Safety Department p:\stan\mup tup\Itr app mup 2004-545.doc ��� RECORDING REQUESTED BY: Mr. and Mrs. Dennis Moresco 6955 EI Camino Real, Suite 200 Atascadero, CA 93422 WHEN RECORDED PLEASE MAIL TO: Mr. and Mrs. Dennis Moresco 6955 EI Camino Real, Suite 200 Atascadero, CA 93422 COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT 80-765 VIA MONTECITO, LA QUINTA, CALIFORNIA This covenant and agreement are made and executed this 9`h day of November, 2004, by Mr: and Mrs. Dennis Moresco, 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/they is/are the property owners) of the following described real property in the City of La Quinta, County of Riverside, State of California: Lot 58-D. of Tract 29894-4, 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. 2004-545); 2. No kitchen or cooking facilities shall be constructed 'in the guest house per the provisions of Chapter 9.30.030 (RL Zone Dis-rict) 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 s.et 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. go Oscar W. Orci Interim Community Development Director City of La Quinta Signature(s) of property owner(s) Printed Name(s) Date G� 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 I l' 9 ]2-004 . before me, ,lt1LLA Personally appeared ®wee . &_t personaII4 know to me or proved to me on the basis of satisfactory evidence 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, �7d1 Signature of the Nota y PubI pMYLUS MANLEY Comm�iOr;';Z��n # 137M NotorY P110c - Cotibmb . mverside County MV Comm. E4*e5 1G,200b ,1' RECORDING REQUESTED BY: Mr. and Mrs. Dennis Moresco 6955 EI Camino Real, Suite 200 Atascadero, CA 93422 WHEN RECORDED PLEASE. MAIL TO: Mr. and Mrs. Dennis Moresco 6955 EI Camino Real, Suite 200 Atascadero, CA 93422 COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT 80-765 VIA MONTECITO, LA QUINTA, CALIFORNIA This covenant and agreement are made and executed this 9" day of November, 2004, by Mr. and Mrs. Dennis Moresco, 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/they is/are the 1property owners) of the following described real property in the City of La Quinta, County of Riverside, State of California: Lot 58-D of Tract 29894-4, 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. 2004-545); 2. No kitchen or cooking facilities shall be constructed n 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 I wner(s), guests, and caretakers (i.e., a maid and/or housekeeper, etc.); and, r 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. 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 agree3 to pay all costs and expenses incurred by the City of La Quinta in securing performance of such obligation, including attorney's fees. By: Oscar W. Orci Interim Community Develo City of -L , ment Director e Signature(s) of property owner(s) Printed Name(s) 1!/22 /o -g Date ALL PURPOSE NOTARY ACKNOWLEDGMENT(S) MUST BE ATTACHED IN 8 M X 11 " FORMAT, FOR EACH SIGNATURE. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA' ) On It Iq 19-004. , before me, Anst_o Personally appeared W . &Le_L - i personal) know to me or proved to me on the basis of satisfactory evidence 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 of the Not y Pub It pWLUS MANLEY Comm► # 13'+•M Notory PubUc - Coflfomia Riverside County Myqomrn.Ex.PVeS22P2006 ev-7 /0 5 ✓� "�? ,,,-,4" State of California County of San Luis Obispo On November 22, 2004 before me, Susan H. Jones, Notary Public, personally appeared Dennis Moresco and Patricia Moresco, personally known to me to be the Person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by 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. lq&-c - Awlj--- v U SUSAW H. JONES C uvftsion s 1340994 Notary Pr W - CeRfomis Un Luis Obispo County Comm.= Feb 22.2048 c. f HIDEAWAY OWNERS ASSOCIATION -October-24,_20.0_4 Ms. Kristi Hanson 72-185 Painter's Path, Ste. A Palm Desert, CA 92260 RE: Moresco/Final Working Drawings Lot 58D at 80765 Via Montecito Dear Ms. Hanson: The Hideaway Design Review Committee met to review the. Final Working Drawings for Lot 58D. The DRC is providing you with a `Conditional' approval of .the Final Working Drawings so your plans may be submitted to the City of La J Quints for plan check. The DRC will also accommodate the scheduling of a P---e-Construction meeting at the .lot however, construction may NOT commence, until the landscape and site issues are resolved and Final plans are given complete DRC approval. We look forward to receiving your Revised Final Working drawings. Please call Brook Marshall (760) 346-1161 with any questions or to schedule your Pre -Construction meeting. Sincerely, Hideaway Design Review Committee cc: DRC He DESERT RESORT MANAGEMENT POST OFFICE BOX 4772 / PALM DESERT, CALIFORNIA 92261=4772 73"350 ALESSANDRO, SUITE 5 / PALM DESERT, CALIFORNIA 92260 PHONE 760.346.I161 / FAX 760.346.9918 / E-MAIL: ASSOCIATION@HIDEAavAYGOLFCLUB.COM 10/11/2005 16:08 7603605719 YOUNG ENGINEERING SE PAGE 02 ~ YOUNG ENGINEERING SERVICES 77804 Wildcat Dr., NIM Desert. Ca. 92211 (760) 360.5770 (760) 360-5719 5 October 11., 2005 Tom .Hartung Building Official City of La Quinti Re: Moresco Residence, Lot 58D, Via. Montecito, The Hideaway, ,La Ouinta C4 Dear Tom, iU ,4 0C) ��w kAko We have performed structural observation with regards to the framing for the above referenced project and find it to be in general conformance with the approved structural plans with the exception of the following items: 1. Provide blocking and strapping above and below shear wall opening as per detail 6/S1.3 for shear wall. # 20 located at Master Bath, 2. Provide MST72 and MST60 vertical straps at shear wall #11 located at Great Room as per details 17 & 18. of sheet S,3 respectively. This structural observation does not relieve the City in any way from performing thair standard structural inspections nor is it in lieu of any code required special inspections. The structural observation performed should not be construed as a detailed structural inspection but as a structural observation for general conformance as per CBC 1702. If you have any questions please call. Sincerely, Jeffrey B. Young S.E.