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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)