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MUP 1998-0660CITY OF LA Q UINTA Community Development Department 78-495 CALLE TAMPICO LA QUINTA, CA 92253 619-777-7125 Case Number: Date Ac ted: Fee: , Y%t 1?9 -o(,( MINOR USE PERMIT APPLICATION Minor Use Permit (MUP) applications are governed by Section 9.210.020 of the Zoning Code (A copy is attached). Uses requiring a MUP have a low or moderate potential for adverse impacts on surrounding properties, residents, or businesses. Review and approval by the Community Development Director for this application is required. .APPLICATION PURPOSE Purpose of Request:w6413-130-05-4 //�,, /� Z 6Y" F Assessor's Parcel No.: 3 — 13D — 5— — General Location: 25 `1395 Vj T1e/�ST� Acreage: n L Existing Zoning: /C OEEU c(�ESTiptGTlGYI/ Additional Information: &Mis //J 6tl (Additional written material can be submitted separately) ARCHITECTURAL PLANS - Three copies of the architectural and landscape/irrigation plans shall be submitted with this application unless otherwise determined by Department staff. Colored renderings may be required depending upon the application being submitted. �*�*.****wrrr*��*rr�«*�***�*:.:***..****�w***���#rrr*�**�*r�rr#�.��rr*�.�.��►t��r+�**�.�.*.*trs:st*...*.�rrssa:+.�..*r Applicant: (Print N /1/) Z5/ (Phone) /5/ Address: Owner(s):V�- (Print Name) Address: If S-, Signature of Applicant: Authority for this applicAtion is Signature of Property Owner(s ©- t. Date: 716 1w; Any false or misleading information given in this application shall begrounds to deny this application. Signatures and addresses of all property owners affected by this application shall be included in this submittal. Separate letters of authorization can be submitted. FMMUP-P JUL 0 � 1993 78-495 CALLE TAMPICO - LA OUINTA, CALIFORNIA 92253 - (760) 777-7000 OF �t�t FAX (760) 777-7101 TDD (760) 777-1227 July 15, 1998 Canaday and Company 1570 Brookhollow Drive, #208 Santa Ana, California 92705 Subject: Minor Use Permit 98-066 Dear Applicant: The Community Development Department has approved your request to construct a guest house at 78-895 Via Trieste. Prior to issuance of a building permit, the enclosed Agreement shall be notarized and returned to the Community Development Department. We will send the covenant agreement to be recorded with the Riverside County Recorder's Office. If you have any questions, please feel free to contact our office at 760-777-7067. Very truly yours, JE Y ERMAN C M ICY DEVELOPMENT DIRECTOR G SDELL Associate Planner GT. Enc. c: Community Development Director Building and Safety Director Planning Manager . ® LTMUP98-066 -2 �vIAILING ADDRESS - P.O. BOX 1504 - LA OUINTA, CALIFORNIA 92253 - • RECORDING REQUESTED BY: City of La Quinta Community Development Department City of La Quinta, California WHEN RECORDED PLEASE MAIL TO: City of La Quinta Community Development Department c/o Greg Trousdell, Associate Planner P. O. Box 1504 La Quinta, CA 92253 • COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT 78- 895 VIA TRIESTE, LA QUINTA, CALIFORNIA This covenant and agreement are made and executed on this the 15th day of July, 1998, by 1 Canaday and Company, for 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 or she is the property owner of the following described real property in the City of La Quinta, County of Riverside, State of California: Lot 57 of Tract 26152 (Assessor's Parcel Number'643-130-054). 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: The guest house may not be rented nor sold independent of the main single family residence (Minor Use Permit No. 98-066); 2. No kitchen or cooking facilities shall be constructed in the guest house per the provisions of Sections 9.30.030 (RL Zone District) and 9.60. 100 (Guest Houses) of the La Quinta Zoning Ordinance; and, 3. All on-site facilities are intended for the sole occupancy of the property owner(s), guests, and caretakers. 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 CovenMUP066-25 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 and nonmodifiable 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. Dated: �� Notary Canaday & Company By: 6Q��' Christine di forio, Plannin Manager City of La Quinta CovenMUP066-25 State of California County of Riverside On rl A. A 8 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. (Seal) meMAKEv . ntis • 104= v RNRNERSMCOUW comm. F.�ireo ocT �a tope Document Description: Covenant & Agreement restricting the use of the residence at 78-895 Via Trieste for Canaday & Company Number of Pages: 2 Date of Document: City of La Quinta Developers Project Approval Form Gam• 'PV. Prior to the issuance of Building Permits for the project listed below, the following Departmental clearances must be obtained. Please return this form to the Building and Safety Department only after approval. Contact applicant for resolution of conditions preventing or delaying approval. Project: 2 Single Family Dwellings w/ Guest Houses (78-985 & -915 Via Trieste) Lots 57 & 59, Tract 26152 (Applicant to file Deed Restrictions) Applicant Contact: Steve Sante, Canaday & Company, 771-9636 Applicatio Circulation /te: Community Development Department Christine Di Iorio, Planning Manager **** APPROVAL NOT REQUIRED **** Steve Speer, Senior Engineer Building and Safety Department Mark Harold, Building and Safety Department Manager Health Department Fire Department Date Date Schools Fees Paid Date -1/JV �� D to 0 i Date Date Date • RECORDING REQUESTED BY: City of La Quinta Community Development Department City of La Quinta, California WHEN RECORDED PLEASE MAIL TO: City of La Quinta Community Development Department c/o Greg Trousdell, Associate Planner P. O. Box 1504 La Quinta, CA 92253 • COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT 78- 895 VIA TRIESTE, LA QUINTA, CALIFORNIA This covenant and agreement are made and executed on this the 15th day of July, 1998; by Canaday and Company, for 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 or she is the property owner of the following described real property in the City of La Quinta, County of Riverside, State of California: Lot 57 of Tract 26152 (Assessor's Parcel Number 643-130-054). 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: The guest house may not be rented nor sold independent of the main single family residence (Minor Use Permit No. 98-066); 2. No kitchen or cooking facilities shall be constructed in the guest house per the provisions of Sections 9.30.030 (RL Zone District) and 9.60. 100 (Guest Houses) of the La Quinta Zoning Ordinance; and, 3. All on-site facilities are intended for the sole occupancy of the property owner(s), guests, and caretakers. 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 Cover1MUP066-25 • 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 and nonmodifiable 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. Dated: By: Canaday & Company Notary By:&2—�L Christine di iorio, Plannin Manager City of La Quinta CovenMUP066-25 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Cf County of On % / b before me, 5e. --w DATE NAME, TITLE OF &FICER - E.G., "JANE DOE, t4bTARY PUBLIC" personally appeared 2ZZ It �f - , NAME(S) OF SIGNER(S) ❑ personally known to me - OR -p oved to me on the basis of satisfactory evidence to be the person(w) whose name*) is/a*0 subscribed to the within instrument and ac- knowledged to me that he/aWe/they executed the same in his/bar/their authorized capacity(iot), and that by his/ftxr/t+,eir OFFICIAL SEAL signature) on the instrument the person(*, REGENIA HENSLEY < COMM. #1107891 - or the entity upon behalf of which the RIVERSIDE COUNTY NotaryPublic- California b person(.a) acted, executed the instrument. My Comml9Kl©n €x Irp9 AUGUST i, (V( WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 0 0 State of California County of Riverside On ri 41, A 8 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. (Seal) Document Description: Covenant & Agreement restricting the use of the residence at 78-895 Via Trieste for Canaday & Company Number of Pages: Date of Document: .,A.Pcordlrrg Requested By 9 CHICAGO TITLE COMPANY ANO WHEN RECOROEO MAL TO Canaday &' Company 1570 Brookhollow Drive Suite 208 Vale Santa Ana, CA 92705 S+are rr.100 (Rev. 4/94) 0 APN No. 41.9582 RECEIVED FOR RECORD AT 2:00 O'CLOCK DOC. Y�.i::,,::)r rel � N O V 14 1997 LPiv. C"O. PA*NVW in OM" PIG= Rewrder Fees $ f SPACE ABOVE THIS UNE FOR RECORDER'S USE GRANT DEED Title No. THE UNDERSIGNED GRANTOR(s) DECLARE(s) Escrow No. 01873cR DOCUMENTARY TRANSFER TAX Is S 616.00 CITY TAX S 11 computed on full value of property conveyed, or D computed on full value less value of liens or encumbrances remaining at time of sale, G Unincorporated area: M City of LA QUINTA , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. WILMA-LA QUINTA L.P., A DELAWARE LIMITED PARTNERSHIP b hereby GRANT(s) to CANADAY AND COMPANY, a California Corporation the following described real property in the County of RIVERSIDE , State of California: Lots 49 through 59, inclusive, and 98, 99, SEE EXHIBIT "A " ATTACHED Dated: October 29, 1997 and 110 100, and 104/of Tract 26152 WILMA-LA QUINTA L.P. A DELAWARE LIMITED PARTNERSHIP BY: CENTRUM PORT PAVILION LTD., A DELAWARE CORPORATION, AS GENERAL PARTNER BY: WILMA SOUTH MANAGEMENT CORP.,. A GEORGIA CORPORATION, IT.S ATTORNEY Y_ N FACIe / g::') /% State o ;a r—jGY,.etd. County of bckved On "ANIFbefore me. Q . /-�►, _ ... (here Insert name) Nototy PvVic. Personally 000eored _ Cha'—I"'6 , ;rdAa4 2 cersonally known to me (or proved to me on the basis of satisfactory evidence) to be the persorKs) whose nome(s) is/ore wbscroea to Me within instrument Ond OCknowledged t0 me ON that he/$P*/they ex"Uted the SOrM h NS/het/thelr OuthOriZed COpOCIty(les). and that by tus/her/their signoture(s) on the instrument the person($). Or the entity upon behalf of which the person(s) octad, executed the instrument. WITNESS my hand and official seal. ,(� N }•�• PAONDALYNN D. GOODWIN MY t:OMMISSI N 0 a 1 14 Evhgs: JUN e, soot OoRos 4 TM Noon PAN urwrN+(o 4 a ,*,Moe • EXHIBIT "A" `'F I J%JVc. Parcel 1 Lots 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 98, 99, 100, 104, and 110 of Tradt no. 26152 in the City of La Quinta, County of Riverside, State of California, as per map recorded in Book 227, pages 77 through 85 inclusive of maps, in the office of the County recorder of said County and amended by Resolution no.91-108, recorded March 26, 1992, as instrument no. 105176. EXCEPTING THEREFROM all oas dem other'., feetcarbon measu ed vertically from the surface of salying within and under id land at portion of said land, lying belowp or into that portion of the subsurface, as, reserved in deed recorded August 4, 1993 as instrument no. 303.830 official records. Parcel 2: A nonexclusive easement for ingress, egress, use and enjoyment of the and Restrictions -recon ed November 27,1991aassinstrument ned in thno.declaration of Conditions, Covenants, 415112. TPA: 020-024 APNos: 643-130-049-6 -050-6 -051-7 -052-8 =057-3 -059-5 -055-1 -056-2 -054-0 643-140-001-3 -002-4 '. -003-5 643-130-058-4 -053-9 -063-8 -047-5 z5l6LSL.VlL ANVdmbo AVGVNVO WOdJ Vld£ l: 5 866 l -} t- l