MUP 2005-591i
P.O. Box 1504
78-4'95 CALLS TAMPICO.
LA Q'UINTA, CALIFORNIA 92253
January 31, 2005'.
Kristine and Earl Morley Jr.
44-850 Las Palmas Ave. #E.
Palm Desert, CA 9.2260
SUBJECT: Approval for Minor Use Permit 2005-591
Dear Mrs. & Mr. Earl: Morley Jr..:
(760).7774000
FAX ('760) 777-7101
Your request for Minor Usa2�--530—De��-G-a--to—D.tiiaVe--',@
mit 200591 to llow the construction for a
mew custom guest casta the Tradition Country
Club is hereby approved. Enclosed is the approved original Deed Restriction
for this Minor Use Permit. It m, ust: `be signed Kristine and Earl Morley Jr. 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 use for our
files. Until the recorded copy is received, our 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,.
Tim Nguyen
Assistant Planner
Attachment
C: Building and Safety Department
P
:\nuI? LA 2005-591.doc
RECORDING REQUESTED BY:
Kristine and Earl. Morley Jr.
44-850 Las Palmas Ave. #E
Palm Desert, CA 92260
WHEN RECORDED PLEASE MAIL TO:.
Kristine and Earl Morley Jr.
44-8.50 Las Palmas Ave. #E
Palm Desert, CA 92260 .
COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT
52-530 DEL GATO DRIVE, LA .QUINTA, CALIFORNIA
This covenant and- agreement are made and. executed this 31' day of
January, 2005 by Kristine and, Earl Morley Jr., 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 is the property owner of the
following described real property 'in the City of La Quinta, County of Riverside,
State of California:
LOT 3, RK. 770 PG. 29, TR 28470-2, in the City of La Quinta, County of
Riverside, State of California
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. 2005-591).;
2. No kitchen or cooking facilities shall be constructed in the guest house
per the provisions of Chapter 9.30.0.30 (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 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
✓4
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 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 all owners)
/',?"I �D
DouglaA. Evans Date
Community Development Director
City of La Quinta
ALL PURPOSE NOTARY ACKNOWLEDGMENTS) MUST BE ATTACHED IN 8.1 /2 X
11" FORMAT, FOR EACH SIGNATURE.
STATE OF CALIFORNIA ).
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
On January 31, 2005. , beforeme, Regenia Hensley, 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.
REG IA HENSLEY
Notary Public
Commission # 1521423
Expiration: October 23, 2008
(Seal)
.��. r rn 1
RECORDING 'REQUESTED BY:
Kristine, and Earl Morley Jr.
44-850 Las Palmas -Ave. #E
Palm Desert, CA 92260
WHEN RECORDED PLEASE MAIL TO:
Kristine and Earl Morley Jr.
44-850. Las Palmas Ave. #E
Palm Desert, CA r92260
DOC 0 2005-0170696
03/07/MB 88:M Fee : NC
Pate 1 of 0
Record44 in Official Records
County of Riverside
Larry W. Ward
Assessor, County Clark ,& Recorder
COVENANT ANDIr AGREEMENT: RESTRICTING'THE USE OF THE RESIDENCE AT
52-530 DEL GATO DRIVE, LA QUINTA, CALIFORNIA
This covenant and agreement -are. made and executed this 2°a day of. March,
2005 by Kristine and Earl Morley Jr., 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 is the property owner "of the
following described real property in the City of La Quints, County of Riverside,
State of California:
LOT 3, BK. 770 PG. 29, TR 28470-2, in -the City -of La:Quinta, County 'of
Riverside, State of California
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: 2005-591);
-2. 'No kitchen or cooking facilities. -shah be constructed in the guest 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,
s���demee
COVENANT ANDIr AGREEMENT: RESTRICTING'THE USE OF THE RESIDENCE AT
52-530 DEL GATO DRIVE, LA QUINTA, CALIFORNIA
This covenant and agreement -are. made and executed this 2°a day of. March,
2005 by Kristine and Earl Morley Jr., 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 is the property owner "of the
following described real property in the City of La Quints, County of Riverside,
State of California:
LOT 3, BK. 770 PG. 29, TR 28470-2, in -the City -of La:Quinta, County 'of
Riverside, State of California
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: 2005-591);
-2. 'No kitchen or cooking facilities. -shah be constructed in the guest 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,
0
be maintained in, accordance with all zoning and other codes as set
forth in the La Quints Municipal Codq, as may be amended from time
to timq.
This covenant and agreement shall run .with the eland and shall be binding
upon future owners, their successors, heir$, or assigns, and ourselves, and shall
continue in effectwhile 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.
By: 1.
F
Ll .
IF— A, LV--
q�
3.
Signature(s) Printed Name of all owners)
Dated: `3,- L\ - CES
Community Development. Director
City of La Quinta
ALL PURPOSE NOTARY ACKNOWLEDGMENT(S) > MUST BE ATTACHED IN4 112 X
11 " FORMAT, FOR EACH SIGNATURE.
State of California.
County of Riverside
1 ..
On 3 2�pD5 befb're: mei Phyllis Manley, Notary Public,
personally appeared Douglas R. Evans, ..personally known to meto 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. (Seal)
CALIFORNIA ALL40URPOSE ACKNOWLEDGMENT
State of Califomia,
County of et tole
on MAlZ Zoos beforeme, w�tltr WaIKEfi, R/Ot�M ��I�� .
Done Now and Ift of Oftar (e g.. Jam on, NMy PLftn
personally appeared &21- 1: - ty-t f>v t:
Name(s) of 81perts)
21'personally known to me
❑ proved to me on the basis of satisfactory,
evidence
to be the person(s) whose name(s), jdare''.
subscribed to the within instrument and
acknowledged to me that heJehWthey-executed
the same in hisfWrItheir . authorized
capacity(ies), and that by WA+edtheir
signature(s) on the Instrument the person(s), or
the entity upon behalf of which the pereon(s):
acted, executed the lnstrument..
WITNE S my hand andofficial aoal.
SVPA of Notary PW* .
OP77ONAL
Though the infonnapon below Is not required by law, It may prove: valuable to persons mlAv on the document and could prevent
fraudulent removal and reattachment of thle form to another document
. Description of Attached Document
Title or Type of Document: M Arm 0" Ate► -F -r_ Nt i2 SMelL T*r We- .
eeee�� 06644 AT '&_X3Cb PftL &*M JVIQU �1,42 CA
DocumentDate: S / ox /Os Number of Pages:
Signer(s) Other Than Named Above: Q011.6it.4r S Q, 8✓ hN5 ,
Capacity(lea) Claimed by Signer
Signer's Name:
❑ Individual .Top of thumb (here
❑ Corporate Officer — Tide(s):
❑ Partner — ❑ Limited ❑ General
❑ Attomey-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ other:
Signer Is Representing:
0 1 M Natlond Notary Assam - ON Do Sob Ave.. P.O. Box 2402 • Ch&Mmft. CA 01313.2102 -.www.matonsina" org Rod: No. 0907 PaWder. Ce9.TOO-FM 14904MW
I,MY W. - WARD Recorder
P.O. Banc 751
COUNTY OF RIVERSIVE Rimift
, CA nSM-msi,
(909) ae6-7000
ASSESSOR -COUNTY CLERK -RECORDER
http://`riverside.asmAkm.com
.LLy
NOTARY Ct-AII
..:
Under the provisions of Government Code 27361,:7, 1 -certify under the penalty. of perjury
that the notary seal on the document to --which this statement is attached reads as
follows:
Name of -Notary: W 1 R [a,M
Commission
Signature:
Print Name:
AM jW-AMM OL OSr=3)