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MUP 1998-042011 r. •� ►, RECORDING REQUESTED BY: City of,La Quints Community Development Dept. PO Boz 1504 La Quints, California 92253 WHEN RECORDED PLEASE MATL TO: City of La Quint& Community Development Dept. PO Box 1504 La Quints, California 92253 Certified to be a true and come[ copy of kt;;,orded As instrument No. O of Official Records OfILWAA County , C or ' EaY F60 TY IKATi A NlbL ii?LF EO�' COVENANT AND AGREEMENT RESTRiC LNG THE USE OF AN ACCESSORY GUEST HOUSE A'1' 80-265 MERLON (PGA WEST). LA QUTNTA, CALIFORNIA This covenant and agreement are made and executed oft this the —day of January, 1998, by Mr, and Mrs. George E. Ladd 111 for property described herein. The City: of La Quints, a.Munieipal Corporation, is hereby made a party to this agreement for the purposes set forth below. The undersigned hereby certifies that'he is the property owner of the ftfllowing described real property in the city of La Quints, County of Riverside, State of California: Parcel 25 as shown on Lot Line Adjustment No, 96-23 5 recorded on Uecer fiber 11, 1996, as Instrument No. 96-467912 of the official Rcwrds of said County, adjusting Tract Map 28118 as pet map filed in Book 254, Pages 99-104, inclusive, of Maps of said County, and as amended by Certificate of Correction recorded October 24. 1995, as-anstrument No. 95-354434, Riverside County, California (APN. 761-560.002). In consideration of the. City of La Quints 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 is intended for use by the property owner and does not have a kitchen (MUP 98-042). The guest house is for sleeping purposes of the on-site residents and their nonpaying guests pursuant to Section 9,60. 100 of the Zoning Ordinance. _ 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 second dwelling unit remains on the real property or unless otherwise released by the authority of the City of La Quinta. This agreement shall be entitled to. the remedy of injunctive relief in addition of any remedy in law or equity. - CctvPrm UF4Zjk e-2 i 1 LO'd 9£6i L£9 6o6 ss�4�a�S-�eP1E�e-1Nd dZ£=£0 8g�£o-qs� State of California County of Riverside On .a►Z- 9 g before mc.'Phyuis Medley, Notary Public, personally appeared. Christine di Iorio,, personally known tome to be the person whose name is subscribed to the. within instrument and acknowledged to me that she cxccuted,tbe-same in her, authorized c"city, and that by her signature on the instnuncat the person or the entity upon behalf of which the person • _ - acted, executed the instrument. �. I I WITNESS my hand and official seal., al)COW, � s u.V"W" Document Description: Cbmant & Agre6vicnt Restrictins Use of an Accessory Guest House .111- 110-M5 Meriott Number of Pages, 2 Date of Document: Y ZO'd 9E6i G£9 606 y­AsS,-AspLI,na-1N.l dcczco 86-co-qs.j OALIPORS11A ALL-PYiUPOSS AOKNOWLEDGMENT ---------------------- State of CAIifarniA _...._�_.. County of RivIggids On NJan ary 29., 1998 ... before me, • the undersigned , t►w.a MMM. Tnu a oIFaCaa. BCL -ywtl ODI. 0iMw ftILIC• personally appeared 'George E. Ladd 173 and Evelyne J. Ladd' . wase, os aa.rage> D personally known to me - OR -XM proved to me om the basis of satiolactory evidence to -be the person(s) whose name(s3) 'Is/are . subscribed to the within instrument and, ac- knowledged to me that he/aWKW executed _ the same in hio1111mWtheir authorized copecity(iss), and that by bleftWltheir DtrSoreh J. AriiI10r signature(s) on the instrument [tie perton(s), U �: `•- r1 ' ` Comm. 81085698 l� �);-- TAMFu9LI0 CALIF ?`F or the entity upon behalf of which - the �r wwanswe C t*TV Co,,. &I„a. Fop. t, gyps 4*parson(&) acted, executed the instrument. WITNESS my hand and official seal. Deborah J. Mi11 OPTIONAL Thomah UM data WOW IF, rO reQWmd 1W law, R may prove vaIueDte to p~4 r*VWq cn the document ons =Ad prev" ftj*A" Aottoatment of Ws form. CAPACITY CLAIMED BY SWNER DESCRIPTION OF A17ACNEO DOCUMENT piioNIDUAL COPrOAATE OFFKXR ' TttLfi On TYPE OF DOCUMENT - gym � ❑ �wATNERi8) ❑ LINKED . ❑ GENERAL O AWORKYdN-FACT NUMBER OF PAQE6 ❑ TRUSME(S) ❑ WMRWAWC0K9ERVATOR O OTHER -- _ DATtr OF DOCUMENT SIS NG: _ 810NER(8) OTHER THAN NAt ffg ABOVE . etof W►1tt)NAL �lORA1nr r�eOCu►T1c^ , tttae ganrt+at �w.. ►.Q tt+a 7 ts+ • t�nope Fas, c.n �,+r-•.. �• bold 9E6i L£9 6os SO - ^-+®S -AePL t- n9-.LNj "dE£ = co, tars -SO -4a-4 This covenant and agreement and the provisions hereof are irrevocable and. nonmodifiable, except -by the written consent of ill 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 amsent.of the City first being obtained. in the event that theowners, their heirs, assigns or successors in interest. shall fhil to perform any obligation hereunder, they hereby agree to pay all costs and expenses incurred by the City of La .Quints in securing performance of such obligation. including attorney's fees. Dated: _ - By: Geo E. L d M By: E elyne ). L� d Nota Notary ' rY B Y• Christine di iorio, Planting cr r _ City of La Quints CgvF.NMUP42Ledd­2 ! 1 £O'd 9£6t L£9 506 ss64AAOS-A"PLd££=£O RG-EO-Qad � �� •moi ®ti�L��\ r - 4�, 7-' tA • � 0 'r 78-495 CALLE TAMPICO — LA OUINTA,CALIFORNIA 92253 A V ('F60t_?�7-7000 -F` o FAX (760) 777=7101 TDD (760) 777-1227 January 27, 1998 Mr. George E. Ladd III 80-265 Merion La QUInta, California 92253 Subject:.Minor Use Permit 98-042 Dear Mr. Ladd: The Community Development Department has reviewed your request to construct a guest house of approximately 408 square feet at 80-265 Merion (PGA West) according to the requirements of Section. 9.60.100 (Guest Houses) of the Zoning -Ordinance. findings for approval are as follows: 1. No impact to the, City's General Plan will occur with these minor use permit requests because the Land Use Element designates the sites,for residential purposes, and -accessory units are permitted in the PGA West Specific Plan (SP 83-002) and RL District provided certain development standards are met. These minor use permits are consistent with the intent and purpose of SP 83-002 and the Zoning Code because setback requirements have been met and no kitchen. facilities are being provided' 2. The project is exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15303(a) which allows construction of a single-family residence and other accessory structures. 3. These minor use permits. will not be detrimentaltothe health, safety, and general welfare of this area of the City because custom home developments traditionally have detached accessory buildings (i.e.,, bedrooms) for their guests. 4.. The accessory unit is architecturally compatible with the'existing house and does not exceed 17 -feet in overall height. Prior to -building permit issuance, please have the attached Covenant paperwork recorded with the Riverside County Recorder's Office. Once recorded, please submit copies of the documents to our office for filing. Additionally, the air-conditioning compressor adjacent to the new addition shall be relocated a minimum distance of five feet from the property .line to be in compliance with. City requirements. MUP 98-042-2 i MAILING ADDRESS - P.0_130 '1504 LA OUINTA, CALIFORNIA 92253 RECORDING.REQUESTED BY: City of La Quinta Community Development Dept. PO Box 1.504 La Quinta, California 92253 WHEN RECORDED PLEASE MAIL TO: City of La Quinta Community Development, Dept. PO Box 1504 • , La Quinta, California 92253 COVENANT AND AGREEMENT RESTRICTING THE USE OF AN ACCESSORY GUEST HOUSE AT 80-265 MERION (PGA WEST), LA QUINTA, CALIFORNIA This covenant and agreement are made and executed on this the _ day of January, 1998, by Mr. and Mrs. George E. Ladd III 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 is the property owner of the following described real property in the City of La Quinta; County of Riverside, State of California: Parcel 25 as shown on Lot Line Adjustment No. 96-235 recorded on December. 11, 1996, as Instrument No. 96-467912 of the Official Records of said County, adjusting Tract Map 28118 as per map filed in Book 254, Pages 99-104, inclusive, of Maps of said County, and as amended by Certificate of'Correction recorded October•24, 1995, as Instrument No. 95-354434, Riverside County, California (APN: 761=560-.002)., 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 is intended for use by the property owner and does not have a kitchen (MUP 98-042). The guest house is for sleeping purposes of the on-site residents and their nonpaying guests pursuant: to Section 9,60. 100 of the Zoning Ordinance. 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 second dwelling unit remains on the real property or unless otherwise released by the authority of the City of La Quinta. This agreement shall be entitled to the remedy of injunctive relief in addition of any remedy in law or equity. . COVENMUP42Ladd-21' 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, 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. Dated: By: George E. Ladd III • By: - ' Evelyne J.,Ladd t Notary Notary By: Christine di Iorio, Planning Manager City of La Quinta COVENMUNMadd-21 ` State of California " County of Riverside On (- meq- 9 -before me, Phyllis Manley, Notary Public, personally appeared Christine di Iorio, personally known•to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her 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. a. �musnA�raFv COMAf 1 + rWERME COUNT Cwwn. boow pCT 16.1994 i Document Description: Covenant &Agreement Restrictini�-Use of an Accessory Guest House at 80-265 Merion Number of Pages: ' 2 - + .Date of Document: '