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BRES2021-0801 Covenant & Agreement Restricting Use of Residence - REJECTED,, OF lit 1. , PETER ALDANA COUNTY OF RIVERSIDE ASSESSOR -COUNTY CLERK -RECORDER DATE: 04/28/2022 04:43 PM ZONING ADMINISTRATOR PLANNING DIVISION 78-495 CALLE TAMPICO LA QUINTA , CA 92253 REJOR-202203519 RECORDER RETURN NOTICE ASSESSOR -COUNTY CLERK -RECORDER P.Q. Box 751 Rivmid% CA M02-0751 (951)486-7000 www.nvcoacr.org Regarding Document(s): COVENANT AND AGREEMENT The enclosed document is a photocopy of what has been recorded. We have noticed the following item(s) that you may wish to review. No. Rejection Reason 16. The names of all parties must agree in caption, execution, and acknowledgment. 39. If you are submitting a document for re-recording, please see Government Code 27201 or visit our website for requirements. (See Recorder/Recording Requirements). Notes: Variation for company name Trinita at the sig point. Recording fees are calculated as follows: Basic recording fees: $14.00 for the first page (1 title), $3.00 for each additional page, and $14.00 for each additional title. Release of lien placed by a government agency: $20 for each lien being released. Additional recording fees: If any page of the document is not 8 1/2 by 11 in size, every page of the document will be penalized $3.00 in addition to the standard recording fee. If a Lien Notification letter is requested, a $13.00 lien notification fee for each debtor address will apply. Real Estate Fraud Prosecution Fund: $10.00 for each of the following titles: Abstract of Judgment; Amended 1111 M Un,611K'11151111 ACR 518(Rev. 12/2019) Deed of Trust; Affidavit; Assignment of Deed of Trust; Assignment of Mortgage; Assignment of Mortgage/Deed of Trust; Assignment of a Lease; Assignment of Rents; Construction Deed of Trust; Covenants, Conditions and Restrictions; Declaraton of Homestead; Deed of Trust; Easement; Extension of Deed of Trust; Lease; Lien; Lot Line Adjustment; Mechanic's Lien; Modification of a Deed of Trust; Notice of Completion; Notice of Default; Notice of Rescission of Declaration of Default; Notice of Trustee Sale; Quitclaim Deed; Reconveyance; Release; Release of Deed of Trust; Release of Obligation of Deed of Trust; Request for Notice; Subordinated Deed of Trust; Subordination Agreement; Substitution of Trustee; Trustee's Deed Upon Sale, UCC (Amendment, Assignment, Continuation, Statement, or Termination); and any of the above titles being re -recorded. Please Note: This fee will not apply to any document subject to Documentary Transfer Tax or any document recorded in connection with such document. For documents recorded in connection, visit our website at www.riversideacr.com for required exemption statements. Building Homes and Jobs Trust Fund: $75.00 (per title) shall be paid at the time of recording of every real estate i slrur��r� p 3; a� nazi � �~ tiired or p�rniitted b� tawta-b-e-recorded, except-rhose-expressly exerripwd from payment of recording fees, per single transaction per parcel of real property. The fee shall not exceed $225 per transaction. Surveyor Monument Preservation Fund: $10.00 for Deeds (other than Quitclaim Deeds, Easements, and Deed of Trust) transferring ownership in real property that do not describe a complete lot created by a recorded tract map. UCC Fees: $11.00 if 1-2 pages, $21.00 if 3 or more pages. Copy Fees: Customer Copy Label: $2.00 (Customer must provide a copy of the document; can only be obtained at the time of recording). Regular copy: $7.00 for the first page; $1.00 for each additional page. There is an additional fee of $2.00 for the certification of a complete regular copy. PETER ALDANA ASSESSOR -COUNTY CLERK -RECORDER By: Alejandra#1032, Deputy TELEPHONE: (951) 486-7179 RECORDING REQUESTED BY: PHIL GERTSMAN DESERT HOMES INC. WHEN RECORDED PLEASE MAIL TO: ZONING ADMINISTRATOR PLANNING DIVISION 78-495 CAL.LE TAMPICO LA QUINTA, CA 92253 DOC # 2022-0197626 04/27/2022 12:39 PM Fees: $98.00 Page 1 of 4 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder "This document was electronically submitted to the County of Riverside for recording" Receipted by: ALEJANDRA#1032 COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT 78641 DEACON DRIVE EAST, LA QUINTA, CALIFORNIA This Covenant and Agreement are made and executed this f/714 day of OKIL , 2022 by Phil Gertsman, Authorized Signatory for Desert Homes Inc. and Trinita-Investments Inc., 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: Lot 14 of Tract No. 28470-1, in the City of La Quinta, County of Riverside, State of California, as shown by map on file in Book 263 Page(s) 76 through 90 of Maps, Records of Riverside County, 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 accessory dwelling unit may be occupied by or rented to a separate household living independently from the occupant(s) of the primary residence; provided, that the terms for separate occupancy of the accessory unit shall be longer than 30 days; 2. The accessory dwelling unit shall not be sold independent of the main single- family residence; 3. The accessory dwelling 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 DOC #2022-0197626 Page 2 of 4 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. / V�,� ) 4*- Dated: 3 /// /a Z Phil Gert:sman, Authorized Signatory Desert Homes Inc. Phil Gert:sman, Authorized Signatory Trinita-Speranza Inc. y`2 7 bo 2- Z Cheri Flores Date Planning Manager City of La Quinta DOC #2022-0197626 Page 3 of 4 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of RIVERSIDE ) On u��-- before me, NAYAN P. GHELANI NOTARY PUBLIC (insert name and title of the officer) personally appeared ll I (-- 1 17) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Wat'er, subscribed to the within instrument and acknowledged to me that he/skefti'ey executed the same in his/h&4tfeffauthorized capacity(ies), and that by his/J;e&tTeir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that.the foregoing paragraph is true and correct. _ WITNESS my hand and official seal. Signature SFr"'° ry NAYAN P. GHELANi Notary Public California Riverside County 'S Commission # 2342606 one' My Comm. Expires Jan 20, J0251 (Seal) DOC #2022-0197626 Page 4 of 4 NOTARY ACKNOWLEDGI4ENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Riverside ) On &iril 27, 2022 before me, LAURIE McGINLEY, Notary Public, -personally appeared CHERI FLORES who proved to me on the basis of satisfactory evidence 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature• LIURIE mCG HLEYY Notary Public - California [[[[ Riverside County Commission ! 23;;01 01.y Comm. &,spires Ott 8, it025 (notary seal)