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MUP 1998-047I 78-495 CALLE TAMPICO. — LA QUINTA, ,CALIFORNIA 92253 - (760) 777-7000 FAX (760) 777-7101 TDD (760) 777-1227. February 3, 1998 Mr. Paul Dooley KSL Development Corp. 55-920 PGA Blvd. La Quinta, Calif. 92253 SUBJECT: Approval of Minor Use Permit 98-047 for Guest House expansion Dear Mr. Dooley, Your request for Minor Use Permit 98-047 to allow a guesthouse to be expanded at 57-411 Rivera has been approved. Please have the covenant and Agreement recorded by the County Recorder and. send us a copy of the recorded document for . our file. Enclosed is a letter addressed to the Recorder to verify our approval. This approval provides our departments clearance to obtain a building permit for the guest house:. Should _you have any questions,. please call me at (760) 777-7064. Very, truly yours, JERRY .HERMAN COMMUNITY DEVELOPMENT DIRECTOR STAN, B. SAWA Principal Planner - sbs Attachment c: Greg Butler, Building and Safety D6partrnent: c:\Itr appr mup 98-047 MAILING ADDRESS P.O. BOX 1504 - LA OUINTA, CALIFORNIA 92253 78-495 CALLE TAMPICO — LA OUINTA, CALIFORNIA 92253 (760) 777-7000 FAX (760) 777-7101 TDD (760) 777-1227 February 3, 1998 County Recorder County of Riverside Post Office Box 751 Riverside, Calif. 92502 SUBJECT: Recording of Covenant and agreement for Minor Use Permit 98-047 Dear Sirs: The City. of La Quinta has approved the Covenant and agreement for Minor Use Permit 98-047 regarding a guest house. Please record the document as' presented by KSL Land III Corporation. Should you have any questions, please call me at (760) 777-7064. Very truly yours, JERRY HERMAN COMMUNITY DEVELOPMENT DIRECTOR STAN B. SAWA Principal Planner sbs c:Utr co rec mup' 97-047 MAILING ADDRESS — P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 ` RECORDING REQUESTED BY- AND y-AND WHEN RECORDED MAIL TO: KSL LAND III CORPORATION 56-140 PGA Blvd. La Quinta, CA 92253 Atten: Legal Department MAIL TAX STATEMENTS TO Same as above Space above this line for Recorder's Use Av��:& 1-FORNIMi... N �:JHE: P.G .... .. .... 4. .. ........ . This'covenant-and agre I ement are made and executed on this a!?day of January, 1998, by KSL Land III Corporation, a Delaware corporation for property described -herein. The City of La. Quinta, a municipal corporation (the "City"), 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 real property in the Citylof La Quinta, County of Rivleisi&, State of California' described in Exhibit "A"'attached-he'reto and made a part hereof by this reference (the "Property."). In consideration of the City issuing a building permit for certain accessory building improvements which will -be constructed on the Property,. the undersigned does hereby covenant and agree to and, with the City to restrict the use of the Property as follows: 1. The guest house may not be rented nor sold independent of the main single family residence (Minor Use Permit No. 9$- -04-7 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 Specific Plan 83-002 (PGA West); and -.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.). 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. , All leases of the 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 agree;nent and the provisions hereof are irrevocable,and non -'modifiable except by the written consent of all parties to the agreement,- including the City. The City -shall have the right to enforce each and every provision hereof. and the'parties 'agree that the agreement shall not be rescin&d, revoked, modified, or otherwise amended or changed, without the expressed written consent of the City first being obtained. 0 op. pgaw.dre.ph10.minoruse.agr In the event that the owners, their heirs, assigns or successors in interest, shall fail to preform 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 reasonable attorney's fees: Dated: �I�"►1�1'�i Dated: ZTT�Jpj . KSL LAND III CORPORATION, a Delaware corporation Title CITY OF LA QUINTA, a municipal corporation d'71K' . - / d;i�' Title STATE OF CALIFORNIA ) , ) ss COUNTY OF RIVERSIDE ) On ",A, 1998, before me,�O�flOd a Notary Public in and for said State, personally appeared NOI.i' C.- bJ AL_ ,-z-15ersonaL ly known 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 h sfiie they executed the same in hi%!DYtheir authorized capacity(ies.), and that by his er their signature494 on the instrument the person(A or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. A N tary Public in and for Said State dre.phl0.minoruse.agr FOR NOTARY SEAL OR STAMP BARBARA LAM Cortnls Im 01Isom Notary Pu010—C4Nei FUmd 0 Gw* Ley Comm. E*ku 080 2Z am y State of California County of Riverside On /98 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. s (Seal) COMM.#IOWW � worlr Rbac WNMt* COUNN Comm. El;*" OCT 16.190 Document Description: Covenant & Agreement restricting the use of the residence at 57-411 Riviera Number of Pages: 3 Date of Document: 1/29/98 EXHIBIT "A" PARCEL 17 OF LOT LINE ADJUSTMENT NO. 96-235 RECORDED DECEMBER .11, 1996 AS INSTRUMENT NO. 467912, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: LOT 27 OF TRACT NO. 28118 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 254 PAGES 99 THROUGH 104 INCLUSIVE, IN THE' OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPTING THEREFROM THAT PORTION OF SAID LOT 27 DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 27, SAID POINT BEING ON A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 518.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 38° 15' 06" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 70 33' 10", AN ARC LENGTH OF 68.35 FEET, TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 151.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 300 41' 35" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11 ° 40' 33" AN ARC LENGTH OF 30.87 FEET; THENCE SOUTH 42° 42' 23" WEST, 149.28 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 27; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF LOT 27, NORTH 60 54' 09" EAST, 167.92 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF LOT 26 AS SHOWN ON SAID TRACT NO. 28118, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SID LOT 26; THENCE EASTERLY ALONG THE NORTHERLY LINE OF LOT 26, NORTH 86° 19' 40" EAST, 150.50 FEET TO THE NORTHEAST CORNER OF LOT 26; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF LOT 26, SOUTH 3 ° 40' 20" EAST, 22.20 FEET; THENCE LEAVING SAID EASTERLY LINE, SOUTH 79° 42' 17" WEST, 151.51 FEET TO THE - WESTERLY LINE OF LOT 26; THENCE NORTHERLY ALONG THE WESTERLY LINE OF LOT 26, NORTH 3 ° 40' 20" WEST, 39.68 FEET TO THE POINT OF BEGINNING.