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MUP 2005-590a' lam, eg / f P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92.253 February 2, 2005 Eric J. Brownson 78-015 Main St., Suite 104 La Quinta, CA 92253 SUBJECT: Approval for Minor Use Permit 2005-590 Dear Mr. Brownson: (760) 777-7000 FAX (760) 777-7101 Your request for Minor Use Permit 2005-590 to allow the construction for a new custom guest casita at 56 -385 -Village Drive is hereby approved. Enclosed is the approved original Deed Restriction for this Minor Use Permit. It must be signed by you, Eric J. Brownson, 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 given to us for our files. Until the recorded copy is received, your Minor Use Permit is not complete. After we review 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) 777-7070. Very truly yours, I�--'o Tim NG.UY N Assistant Planner Attachment ct Building and Safety Department p:\rnup LA 2005-590.doc RECORDING REQUESTED BY: Sauter Family Trust 3 Von Dehn Road Rancho Mirage, CA 92270 WHEN RECORDED PLEASE MAIL TO: Sauter Family Trust 3 Von Dehn Road Rancho Mirage, CA 92270 COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT LOT 18 on VIA BONITA TRAIL, LA QUINTA, CALIFORNIA This Covenant and Agreement are made and executed this 2"d day of February, 2005 by Sauter Family Trust, as the recorded owner(s) o= 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 18, BK. 772 PG. 28, TR 21176, in the City of La QuintF, County of Riverside, State of California. In consideration of the City of La Quints issuing a building permit for certain improvements, which will be constructed on said property, the undlersigned 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. 2005-598); 2. No ,.kitchen or cookirq facilities shall be constructed in the gest 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 Eet forth in the 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. TI -is 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 agreemen= 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 successorrs 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. X. Signature(s) Dated: Printed Name of a I owner(s) Douglas. Evans Date Community Development Director City of La Quinta ALL PURPOSE NOTARY ACKNOWLEDGMENT(S) MUST BE ATTACHED IN 8 1/2 X 11 " FORMAT, FOR EACH SIGNATURE. State of California County of Riverside On b 5 before me, Phyllis Manley, 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. Ca'u'-o �=� CT (Seal) PHYLUS MAKEY Comm6slon # 1378908 Notary �PjbHc - CQlifomlo _ Rlv#Wde County . AAItCann E*k Qct 16.2006