08-1162 (AR) - Covenant & AgreementG-'
RECORDING REQUESTED BY:
Mike and Judy Rosenfeld
53-380 Avenida Carranza
La Quinta, CA 92253
WHEN RECORDED PLEASE MAIL TO:
Mike and Judy Rosenfeld
53-380 Avenida Carranza
La Quinta, CA 92253
COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCES AT
53-380 AVENIDA CARRANZA, LA QUINTA, CALIFORNIA
This Covenant and Agreement are made and executed this 17TH day of July by
Mike and Judy Rosenfeld, as the recorded 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:
LOTS 18, 19, 20: BLK 223; MB 020/022 SANTA CARMELITA VALE LA;
APN 774-081-029, 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 second residential unit may not be sold nor transferred independent of the
main single-family residence;
2. If the owner ceases to reside on the property, use of the second unit shall be
discontinued;
3. The unit shall contain a separate kitchen and bathroom facilities, and shall be
metered separately from the primary dwelling for gas, electricity,
communications, water, and sewer services;
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 second residential unit shall be used primarily as a sleeping facility, and shall
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 heir
fail to perform any obligation hereunder, tt
expenses incurred by the City of La Quinta in
including attorney's fees.
By: 1.
2.
;, assigns or successors in interest, shall
ey hereby agree to pay all costs and
securing performance of such obligation,
3.
Signature(s) Printed Name of all owner(s)
-7/1q-0%
Planning 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) ss.
CITY OF LA QUINTA)
On before me, , Notary Public, personally
appeared personally known to me or proved to
me on the basis o atisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal,
Signature of the Notary Public
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P.O. Box 1504
LA QUINTA, CALIFORNIA 92247-1504
78-495 CALLE TAMPICO
LA QUINTA, CALIFORNIA 92253
October 20, 2008
Mr. Stephen Nieto
South West Concepts, Incorporated
78115 Calle Estado, Suite 201
La Quinta, CA 92253
Dear Mr. Nieto:
BUILDING & SAFETY DEPARTMENT
(760) 777-7012
FAX (760) 777-7011
This letter is to clarify the City's intentions regarding the Rosenfeld residence at
53- 380 Avenida Carranza (Assessor's Parcel Number 774-081-029).
Although the proposed second residential unit (aka second dwelling unit), a
detached structure with its own entrance, is on the same parcel of land, we
intend that it have a separate address, and be served by separate utilities
(power, water, sewer, television, and telephone) from the main residence.
The physical and service address to be used for the second residential unit and
its utilities is:
53-370 Avenida Carranza
La Quinta, CA 92253
Please use this letter as necessary to coordinate your efforts. If questions arise,
you may contact me directly at 760-777-7015. Alternatively, you may e-mail me
at Outler(aD-la-guinta.org
Yo s truly,
Greg Butler
Building & Safety Manager
October 1, 2008
54� wa P f
Architectural Design & Development
78-115 Calle Estado, Suite 201
La Quinta, CA 92253
Tel (760) 564-4707
City of La Quinta
Community Development Services / Building & Safety
Re: Michael Rosenfeld
Second Dwelling
Avenida Carranza
La Quinta, CA 92253
To all concerned,
63'0370
Written Authorization
Fax (760) 564-4955
Let it be known that Mr. Michael Rosenfeld, the legal owner of the above referenced property, hereby
authorizes Stephen R. Nieto/South West Concepts, Inc.. to act as his agent. Mr. Nieto shall be
authorized to provide signatures on the owner's behalf regarding all matters dealing with submittals and
permits required for this proposed project.
Michael Rosenfeld Date