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MUP 1998-069JUL-10-1998 05:04 RANCHO LR QUINTA 7777750 P.02 Crrx OF LA QUIN A Community Development DcPa t""' JUL 2 3 1998 78-495 CALLE TAMPICO LA QUINTA, CA 92253 619-777-7125 Casa Number; /-I U P DaczCLfl �z 9� MWOR UsE PERMIT APPLICA7701V are armed by Secuon 4,210.020 of the 7�g Code µ � " Uses r Um t �MtiP) zPPcrti�rts g es, ressdenri. or bur�neaa requi�oQt$ MU[' � a law or moderate POMLW f e t'a`lc °r`� �5 Pr°P'�� Arview &cud appsawal by thepurpm Cc muNty 0,, � for this '' mq"'r°� d Re"t: U �1 3-2-02f (ar 83 7�2 zs�'rY Ameaa:"s Parol NO-: ` R e o - General I.o� F�ds[iteg �otvc�r Ad&dOrW ki=%5d= (ly"ti(cul Mjtjen material cin be suhautied separately) sr4 LUUj$cap6i=,pUw p� shaU be a�dtted with this Ak �C w - Three aapdes of the arch Colar�d r«tde�+gs �?` � t04�L'd d � � a�atioa, ,Jp O&CRy *e dn0mu� by app9cation bemg submiuf%L aNNswrAHttlNso* tttSttN�r�rp��rr�+lrr��arar�r q�'t1��♦-�•at •r�iiri�tt�ia NNtas rirtNNiMtlii tti NseNr Addrew SCIA Dail: Signature of Authaairy for this appliCAUM r- SaBnan�'r d psaprsty CNrr`e='(')' — ra � er AdAWS i I �„�.*�+tm is u►� rl�i� 6s arrR+Mis Amy � ,�, p� �+ he ormy by das olau be w,eiWd rd in moi& sir ' ° than p"Sny ,aiNei" JUL '- 4TY OF LSA QliINTr • RECORDING REQUESTED BY: Mick and Karen Santa 4509 1160' Avenue SE Bellevue, WA 98006 WHEN RECORDED PLEASE MAIL, COPY TO: City of La Quinta Community Development Department PO Box 1504 La Quinta, CA 92253 • COVENANT AND AGREEMENT RESTRICTING THE USE OF AN ACCESSORY GUEST HOUSE ON LOT 83 OF TRACT 25154, LA QUINTA, CALIFORNIA This covenant and agreement are made and executed on this the 20th day of August, 1998, by Mick and Karen Santa as the record owners 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 f6rth 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 83, MB 239/050, TR 25154 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. 98-069); 2. No kitchen or cooking facilities shall 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 and Specific Plan 84-004; and, 3. All on-site facilities are intended for the sole occupancy of the property owner(s), guests, and/or caretakers (i.e., a maid and/or housekeeper, etc.). 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 s)ych obligation, including attorney's fees. X X Signature(s) Printed Name(s) Approved as to form: Dated: �� -2—/ <J Christine di Iorio; Planri�g Manager, .City of La Quinta Dated: // "AO %0) ALL PURPOSE NOTARY ACKNOWLEDGMENT(S) MUST BE ATTACHED IN 8 '/2" X 11" FORMAT, FOR EACH SIGNATURE. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of e County of W 11 -I -'S --q2 DATE before me, , NAMY, TITLE OF OFFIC - E.G., -JA"E, E, NOTARY PUBLIC' No. 5907 personally appeared m C W_a.� , NAME(S) OF SIGNER(S) ❑ personally known to me - OR -proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 46are subscribed to the within instrument and ac- knowledged to me that hef~hey executed the same in h'rrs7 Gr/their authorized capacity(ies), and that by - ri-sfi�r /their signature(s) on the instrument the person(s), or the entity upon behalf of which the ,mown # 119 person(s) acted, executed the instrument.. Ic`W WITNESS my hand and official seal. SIGNATURE OF NO RY OPTIONAL 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 PTLE(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 J NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 r State of California C� County of Riverside On l `l 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) ioa� o WAMMCOUPW ] CW,,,,,. ter.. =11L19" Document Description: Covenant & Agreement restricting use of residence 49-105 Casa del Rio for Mick and Karen Santa Number of Pages: 3 Date of Document: 8/20/98 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of On c-90 before me, . a s/e Old - DATA NAME, TITLE OF OFFICER - E.Of -JAKE DOE, NOTARY BLIC- personally appeared CEJ/—/S lin /� _7o/ -/y , NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence No. 5907 to be the person(4 whose name(e) is/are subscribed to the within instrument and ac- knowledged to me that J:Wshe/thug executed the same in l�W/her/ter authorized capacity(), and that by Vs/her/tfterr OFFICIAL SEAL signaturefs) on the instrument the person(, REGENIAHENSLEY or the entityupon behalf of which the r" COMM. #1107891 p Notary Public -California b person acted, executed the instrument. RIVERSIDE COUNTY .. My Commission Ex fres AUGUST 7, 2000 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL 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 TI11E(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 ret e.-) t- * i yree,,., e,;-7' c-2-/,? S 4/6 e Gcs e- v TITLE OR TYPE OF DOCUMENT NUMBER PAGES—,%� d DATE OF DOC MENT /4e SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 /1�x t L `fnJ -• le y-7- THE ATTACHED DEED RESTRICTION FOR GUEST HOUSE WAS RETURNED TO US DUE TO AN IMPROPER NOTARIZATION. AN APPROPRIATE ALL PURPOSE NOTARY ACKNOWLEDGMENT MUST BE PREPARED FOR EACH PERSON SIGNING THE DOCUMENT. THE NOTARY CANNOT SIMPLY SIGN AND SEAL THE DOCUMENT PAGE WITHOUT ACKNOWLEDGMENT AS TO THE INDIVIDUAL'S PRESENCE, AND THE ACKNOWLEDGMENT MUST BE 8 % X 11 SIZE. PHYLLIS HAS THESE FORMS AVAILABLE FOR HER NOTARY REQUIREMENTS. I HAVE MODIFIED THE SIGNATURE PAGE TO MAKE THIS MORE CLEAR. PLEASE HAVE THE SANTA'S AND CHRISTI SIGN AND DATE THIS PAGE IN PHYLLIS' PRESENCE, AND SHE CAN FILL OUT THE ACKNOWLEDGMENTS. I LEFT A MESSAGE FOR THE SANTAS TO COME IN MONDAY 9/14, AS THEY WILL BE IN THE AREA ON THAT DATE. IF THEY DO NOT COME IN, YOU MAY WANT TO CALL THEM (KAREN SANTA, 425-641-6262) TO ADVISE THEM OF WHAT NEEDS TO BE DONE. THIS WOULD HAVE TO BE MAILED, AS THE FAXED INFORMATION WAS RETURNED AS ILLEGIBLE BY THE COUNTY RECORDER. I CHECKED WITH PHILLIS AND SHE INDICATED THAT THIS SIGNATURE FORMAT SHOULD BE OK TO USE. I SUGGEST THIS FORM BE USED ESPECIALLY IN CASES WHERE DEALING WITH OUT-OF-STATE APPLICANTS. WALLY NOV 1 1998 fry° U J �11VfEPART►u��„r' 0 • CITY OF LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT 78-495 Calle Tampico/PO Box 1504 La Quinta, CA 92253 Phone: 760-777-7125 Fax: 760-777-1233 To: Mick and Karen Santa 4509 1 16th Avenue SE Bellevue, WA 98006 From: Wally Nesbit, Associate Pl.anner Date: 12/3/98 Subject: Signed/notarized covenant for guest addition at 49-105 Casa del Rio Attached please find the documents which you previously signed and re -notarized at our office. The Planning Manager's signature has been executed, and I am forwarding them to you for recordation with the Riverside County Recorder. This should be handled through your title company; they should contact Barbara Taylor at 909-486- 7025 with any. questions. In speaking with Barbara, the recording fees should be $18.00. A copy of Ms. Taylor's corrections is also attached, with their address. Should you have any further questions, please contact me at 760-777-7069. TRANSMITTED BY: �0� s Wallace H. Nesbit Associate Planner 760-777-7069 CFM OF Tk�° *COUNTY CLERK & RECORDERO RECEIVED 2724 Gateway Drive S8 SEP 8 PM y 57 Riverside, CA 92507 %1TY F LA QUI i Mailing Address: P.O. Box 751 Riverside, CA 92501-0751 We are either unable to process the enclosed document(s) and are returning them to you UNRECORDED or the enclosed document(s) have been RECORDED but require further attention and RE-RECORDING. Please see all items marked below. 1. This office cannot advise you on the preparation of documents.. Information should be obtained from your legal advisor. 2. We are unable to determine your intent regarding the enclosed document(s). 3. We have found no provision in the California State Law authorizing recording of the enclosed document(s). 4. The property/municipality/record is not located in Riverside County. Please forward request and docu- ments to the County Recorder. L/ 5. p is/ar illegible too lig e s marked and attach as an�xhibitc. Z tW�� reproducing by microphotography. Please retype ( ) ala (Gov. Code 27361.7) 6. The legal description is illegible. Please remove existing Exhibit and attach a retyped (legible) copy. 7. The notary seal is illegible and must be restamped or a certificate must be affixed restating the information indicated in the original seal. 8. The notary seal/signature is missing and must be affixed. 9. A notary acknowledgment is required for 10. The notary certification must contain the name(s) of the parties who appeared before the notary. 11. The wrong name(s) appear in the notary acknowledgment. 12. An out of country notary must be authenticated by a judge in the country where the acknowledgment was taken or by an Apostille. 13. A certified copy of the death certificate must be attached to the document. 14. The legal description has been omitted and is required for recordation. 15. The Exhibit referenced in your document is not attached. 16. A Proof of Service or mailing is required for a Lis Pendens. 17. The recording reference (date of recording and document number or book and page) of the prior recorded document is incorrect or was omitted. PLEASE SEE REVERSE SIDE FORM $16 (RO 1241) RETURN LIST PAGE 2 18. The names of all parties must be complete, showing the first and last names. (Example: Mary Smith and John Smith.) 19. The document must contain original signatures and notary acknowledgment(s) or be an original certified copy bearing a court seal. NO CHANGES OR ALTERATIONS CAN BE MADE TO A CERTIFIED COPY. 20. The document must be signed by 21. The name of the corporation/partnership/company must be printed or typed above the signature. 22. The signature is illegible. Please print.or type the name below the signature for proper spelling. 23. A return address must be added to the upper left-hand corner of the document. 24. A Surveyor's Monument Fee of $10.00 is required. 25. Please complete the Documentary Transfer Tax Declaration at the -top of the document. (See red check mark.) Documentary Transfer Tax is due in the amount of $ Seethe enclosed schedule for additional information. 26. A Preliminary Change of Ownership Report must be completed, signed, and returned with the enclosed document. If it is not completed and returned, an additional fee of $20.00 will be required. If you have any questions regarding the completion of this form, please call the Assessor's Office at (909) 275-6200. 27. The enclosed check was sent without a document or in error. 28. The enclosed check does not contain a signature. -29. A $ recording fee is required for the enclosed documents. Personal checks must have the payor's name, address and check number pre-printed on the face. Checks/money orders should be made payable to "Riverside County Recorder's Office." Temporary checks are not accepted. Your check/money order for $ is enclosed. 30. Please state the reason for re-recording on the face of the document. RECORDING FEES ARE CALCULATED AS FOLLOWS: $6.00 for the first page (1 title), $6.00 for each additional title, $3.00 for each additional page. If the document does not conform to the 8 1/2" x 11 page requirement, an additional $3.00 per page is required. ' . COMMENTS: Dated: �r�COUNTY CLERK & RECORDER Telephone: (909) 486- ZL& By: PLEASE RETURN THIS FORM TO EXPEDITE FURTHER PROCESSING • �. RETURN LIST PAGE 2 18. The names of all parties must be complete, showing the first and last names. (Example: Mary Smith and John Smith.) 19. The document must contain original signatures and notary acknowledgment(s) or be an original certified copy bearing a court seal. NO CHANGES OR ALTERATIONS CAN BE MADE TO A CERTIFIED COPY. 20. The document must be signed by 21. The name of the corporation/partnership/company must be printed or typed above the signature. 22. The signature is illegible. Please print or type the name below the signature for proper spelling.. 23. A return address must be added to the upper left-hand corner of the document. 24. A Surveyor's Monument Fee of $10.00 is required. 25. Please complete the Documentary Transfer Tax Declaration at the top of the document. (See red check mark.) Documentary Transfer Tax is due in the amount of $ Seethe enclosed schedule for additional information. 26. A Preliminary Change of Ownership Report must be completed, signed, and returned with the enclosed document. If it is not completed and returned,. an additional fee of $20.00 will be required. If you have any questions regarding the completion of this form, please call the Assessor's Office at (909) 275-6200. 27. The enclosed check was sent without a document or in error. 28. The enclosed check does not contain a signature. 29. A $ recording fee is required for the enclosed documents. Personal checks must have the payor's name, address and check number pre-printed on the face. Checks/money orders should be made payable to "Riverside County Recorder's Office." Temporary checks are not accepted. Your check/money order for $ is enclosed. 30. Please state the reason for re-recording on the face of the document. RECORDING FEES ARE CALCULATED AS FOLLOWS: $6.00 for the first page (1 title), $6.00 for each additional title, $3.00 for each additional page. If the document does not conform to the 8 1/2" x 11 page requirement, an additional $3.00 per page is required. COMMENTS: Dated: a—l—i/ f COUNTY CLERK & RECORDER Telephone: (909) 486- Z 75- By: 1d PLEASE RETURN THIS FORM TO EXPEDITE FURTHER PROCESSING u • CITY OF LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT 78-495 Calle Tampico/PO Box 1504 La Quinta, CA 92253 Phone: 760-777-7125 Fax: 760-777-1233 To: Karen Santa 4509 1 16th Avenue SE Bellevue, WA 98006 From: Wally Nesbit, Associate Planner Date: 10/7/98 Subject: Notary requirement Enclosed you will find the documents which were returned to our office by the County of Riverside, and which] subsequently forwarded to your notary; these were also returned on 10/6 due to being undeliverable as addressed. I am sending this to you so that you can get it to your notary. There is a separate transmittal which explains what the notary needs to do for California notarization requirements. Should you or your notary have any further questions, please contact me at 760-777- 7069. 1 apologize for the delay this has caused. TRANSMITTED BY: Wallace H. Nesbit Associate Planner 760-777-7069 V S Cf'�! OF QE% CITY OF LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT 78-495 Calle Tampico/PO -Box 1504 La Quinta, CA 92253 Phone: 760-777-7125 Fax: 760-777-1233 To: Sharon Beaton Seafirst Bank 19905 SE 56' Street Bellevue, WA 98006 From: Wally Nesbit, Associate Planner Date: 9/24/98 Subject: Requirements for Notary Acknowledgments •ulul L•► Attached please find original documents for a deed restriction in the name of Mick and Karen Santa. This document was 'notarized by Marilyn Bickford. of your office, but it is my understanding that she has relocated to another branch. Marilyn indicate that I should send this to you for forwarding to her attention. I have included with the above documents a California All -Purpose Acknowledgment form, which is required for all notarized documents in California in order to be recorded. The document in question was returned to us from the Riverside County Recorder's Office (refer to pink form) because this form was not included. What we need is the equivalent form used in the State of Washington for such an acknowledgment, in an 8 %2 " x 11 " format, to be completed and attached for this document. This information must be returned by mail when completed. I have included a revised second page for new signatures to the document, to which the appropriate notary acknowledgment can be attached. Our notary indicated that some derivative of this form could be used. If you have any questions about this, you should contact Phyllis Manley here at 760-777-7010. She could better explain what is required in California and determine the appropriate steps to be taken. Should you have any other questions, you may also contact me at 760-777-7069. TRANSMITTED BY: Wallace H. Nesbit Associate Planner 760-777-7069 COUNTY CLERK & RECORDER RECEIVED 2724 Gateway Drive '98 SEP 8 Pel 4 57 Riverside, CA 92507 JITY . A Q - UI V- WJF Mailing Address: P.O. Box 751 Riverside, CA 92501-0751 We are either unable to process the enclosed document(s) and are returning them to you UNRECORDED or the enclosed document(s) have been RECORDED but require further attention and RE-RECORDING. Please see all items marked below. 1. This office cannot advise you on the preparation of documents.. Information should be obtained from your legal advisor. 2. We are unable to determine your intent regarding the enclosed document(s). 3. We have found no provision in the California State Law authorizing recording of the enclosed document(s). 4. The property/municipality/record is not located in Riverside County. Please forward request and docu- ments to the County Recorder. / 5. 90/ is/ar illegible too lig tv�reproducing b microphotography. Please retype a e(s) marked and attach as an�oz IZA (Gov. Code 27361.7) 6. The legal description is illegible. Please remove existing Exhibit and attach a retyped (legible) copy. 7. The notary seal is illegible and must be restamped or a certificate must be affixed restating the information indicated in the original seal. 8. The notary seal/signature is missing and must be affixed. 9. A notary acknowledgment is required for 10. The notary certification must contain the name(s) of the parties who appeared before the notary. 11. The wrong name(s) appear in the notary acknowledgment. 12. An out of country notary must be authenticated by a judge in the country where the acknowledgment was taken or by an Apostille. 13. A certified copy of the death certificate must be attached to the document. 14. The legal description has been omitted and is required for recordation. 15. The Exhibit referenced in your document is not attached. M. A Proof of Service or mailing is required for a Lis Pendens. 17. The recording reference (date of recording and document number or book and page) of the prior recorded document is incorrect or was omitted. PLEASE SEE REVERSE SIDE FORM !16 tpw 1Z" RETURN LIST PAGE 2 18. The names of all parties must be complete, showing the first and last names. (Example: Mary Smith and John Smith.) 19. The document must contain original signatures and notary acknowledgments) or be an original certified copy bearing a court seal. NO CHANGES OR ALTERATIONS CAN BE MADE TO A CERTIFIED COPY. 20. The document must be signed by 21. The name of the corporation/partnership/company must be printed or typed above the signature. 22. The signature is illegible. Please print or type the name below the signature for proper spelling.. 23. A return address must be added to the upper left-hand corner of the document. 24. A Surveyor's Monument Fee of $10.00 is required. 25. Please complete the Documentary Transfer Tax Declaration at the top of the document. (See red check mark.) Documentary Transfer Tax is due in the amount of $ Seethe enclosed schedule for additional information. 26. A Preliminary Change of Ownership Report must be completed, signed, and returned with the enclosed document. If it is' not completed and returned, an additional fee of $20.00 will be required. If you have any questions regarding the completion of this form, please call the Assessor's Office at (909) 275-6200. 27. The enclosed check was sent without a document or in error. 28. The enclosed check does not contain a signature. 29. A $ recording fee is required for the enclosed documents. Personal checks must have the payor's name, address and check number pre-printed on the face. Checks/money orders should be made payable to "Riverside County Recorder's Office." Temporary checks are not accepted. Your check/money order for $ is enclosed. 30. Please state the reason for re-recording on the face of the document. RECORDING FEES ARE CALCULATED AS FOLLOWS: $6.00 for the first page (1 title), $6.00 for each additional title, $3.00 for each additional page. If the document does not conform to the 8 1/2" x 11 page requirement, an additional $3.00 per page is required. COMMENTS: Dated: 4-1-4% 7 COUNTY CLERK & RECORDER Telephone: (909) 486- 7Cgs By: PLEASE RETURN THIS FORM TO EXPEDITE FURTHER PROCESSING 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 , Christine di Iorio, Plarhung Manager City of La Quinta ` *COUNTY CLERK & RECORDER* RECEIVED 2724 Gateway Drive 'S8 SEP 8 Pfd `f 57 Riverside, CA 92507 `:F LA QUINTk— Fdw)!M.: M5 Mailing Address: P.O. Box 751 Riverside, CA 92501-0751 We are either unable to process the enclosed document(s) and are returning them to you UNRECORDED or the enclosed document(s) have been RECORDED but require further attention and RE-RECORDING. Please see all items marked below. 1. This office cannot advise you on the preparation of documents. Information should be obtained from your legal advisor. 2. We are unable to determine your intent regarding the enclosed document(s). 3. We have found no provision in the California State Law authorizing recording of the enclosed document(s). 4. The property/municipality/record is not located in Riverside County. Please forward request and docu- ments to the County Recorder. LIZ 5. is/ar illegible too lig t� microphotography.Please ret e e s marked and attach as an xhibitc.02 reproducing byretype ( ) l" (Gov. Code 27361.7) 6. The legal description is illegible. Please remove existing Exhibit and attach a retyped (legible) copy. 7. The notary seal is illegible and must be restamped or a certificate must be affixed restating the information indicated in the original seal. 8. The notary seal/signature is missing and must be affixed. 9. A notary acknowledgment is required for 10. The notary certification must contain the name(s) of the parties who appeared before the notary. 11. The wrong name(s) appear in the notary acknowledgment. 12. An out of country notary must be authenticated by a judge in the country where the acknowledgment was taken or by an Apostille. 13. A certified copy of the death certificate must be attached to the document. 14. The legal description has been omitted and is required for recordation. 15. The Exhibit referenced in your document is not attached. 16. A Proof of Service or mailing is required for a Lis Pendens. 17. The recording reference (date of recording and document number or book and page) of the prior recorded document is incorrect or was omitted. PLEASE SEE REVERSE SIDE FORM 316 (pn ILMI) RECORDING REQUESTED BY: City of La Quinta Community Development Department City of La Quinta, California WHEN RECORDED PLEASE MAIL TO: Mr. and Mrs. Mick Santa - 4509 116th Avenue SE, Bellevue, WA 98006 COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT: 49-105 Casa del Rio, La Quinta, California This covenant and agreement are made and executed on this the 20th day of August 1998 'by Mick and Karen Santa as the record owners 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 83, MB 239/050, TR 25154 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. 98-069); 2. No kitchen or cooking facilities shall 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 and Specific Plan 84-004; and, 3. All on-site facilities are intended for the sole occupancy of the property owner(s), guests, and/or caretakers (i.e., a maid and/or housekeeper, etc.). 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 s)gch obligation, including attorney's fees. X X Signature(s) Printed Name(s) Approved as to form: 0 Q7 Dated:.// -21-10 Christine di Iorio; Plannyhg Manager, .City of La Quinta Dated: aC) ALL PURPOSE NOTARY ACKNOWLEDGMENT(S) MUST BE ATTACHED IN 8'/z" X 11" FORMAT, FOR EACH SIGNATURE. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County' of .M DATE before me, sa. Q 1,6 , NAq, TITLE OF OFFIC - E.G., -JA"E, E, NOTARY PUBLIC - No. 5907 personally appeared m e cs'a-'.� NAME(S) OF SIGNER(S) ❑ personally known to me - OR -proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -Es/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in r/their authorized capacity(ies), and that by. -hisiher/their _ signature(s) on the instrument the person(s), or the, entity upon behalf of which the ;',0W# person(s) acted, executed the instrument.. pubac� I yN,ycar WITNESS my hand and official seal. 0 Dow SIGNATURE OF NO RY OPTIONAL 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 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 0 State of California County of Riverside 0 On Cd 11 l `t & 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) WALMCOWA i i0. �I � aVE� OOUNK � Conan. E�IrM OCT 1L 1014 Document Description: Covenant & Agreement restricting use of residence 49-105 Casa del Rio for Mick and Karen Santa Number of Pages: 3 Date of Document: 8/20/98 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of No. 5907 On before me, ,',a DAT¢ /2NAME, NAME, TITLE OF OFFICER - EXY, -JA6E DOE, NOTARY ilBLIC- personally appeared C/—/S 7/nom d��c�y NAME(S) OF SIGNER(S) personally known to me - OR - El to me on the basis of satisfactory evidence to be the personW whose name(o) ishwe subscribed to the within instrument and ac- knowledged to me that Jif/she/t ee executed the same in t,W/her/tp.&r authorized capacity(), and that by I*1s/her/thwfr OFFICIAL SEAL signaturejs) on the instrument the person(, °: •• REGENIAHENSLEY or the entityupon behalf of which the .+ COMM. # 1107891 p NotaryPublic- California b persons acted, executed the instrument. L RIVERSIDE COUNTY .. My Commission Expires AUGUST 7, 2000 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL 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 PAGES—,%o Q DATE OF DOC MENT 4tlGNER(�S)OTFIER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 78-495 CALLE TAMPICO July 30, 1998 Mr. and Mrs. Mick Santa 4509 1 16`h Avenue SE Bellevue, WA 98006 LA QUINTA, CALIFORNIA 92253 — (760) 777-7000 FAX (760) 777-7101 TDD (760) 777-1227 SUBJECT: MINOR USE PERMIT 98-069; Guest House at 49-105 Casa del Rio Dear Mr. and Mrs. Santa: The Community Development Department has approved your application request to include a detached guest house with your proposed single family residence at the above address. This approval is based on the following findings: 1 . The proposed use is consistent with the La Quinta General Plan, as it is of a residential nature and is determined to be accessory to the principal residential structure. 2. The proposed use is consistent with the Zoning Code, as it is permitted in the RL zoning district subject to approval of a Minor Use Permit, and as conditioned in accordance with Section 9.60.100, regulating Guest Houses. 3. The proposed use is not subject to CEQA, based on Guidelines Section 15303(e). 4. Approval of this Minor Use Permit Application will not result in conditions detrimental to public health, safety and general welfare, nor injurious to or incompatible with other properties and uses in the vicinity. Based on the above findings and pursuant to Section 9.60.100 (Guest Houses), the application is subject to the following Conditions: 1 . This detached guest house use approval shall remain valid pursuant to Section 9.200.080, which shall also govern any extension request. 2. The detached guest house shall comply with all applicable Building and Zoning Code standards as applicable. Height of the detached guest house shall not exceed 17 feet as measured from finished grade. 3. Floor area of the guest house shall not exceed 30% of the floor area of the main house. This guest house is approved for The Seville floor plan, as C:\Wrkgrp\Letters\MUP98069.wpd MAILING ADDRESS — P.O. BOX 1504 — LA OUINTA, CALIFORNIA 92253 *'— 0 • previously approved by the City for The Ventanas tract (TR 25154). Total floor area on the subject parcel shall not exceed the maximum permitted under the zoning in effect at the time of building permit issuance. 4. No cooking/kitchen facilities are permitted to .be provided for in the building construction of the guest house. 5. The guest house shall only be used by the occupants of the main residence, non-paying guests or domestic employees, and shall not be rented or otherwise occupied separately from the main residence. 6. The City may elect to add Conditions to this application request to mitigate any problems that arise that are not addressed herein. Enclosed is a deed restriction form to be completed and notarized prior to building permit issuance. It is the applicant's responsibility to have this document recorded, with the Riverside County Recorder's Office, prior to issuance of any Certificate of . Occupancy for the subject property. If you have any questions, please contact me at 760-777-7069. Sincerely, JERRY HERMAN COMMUNITY DEVELOPMENT DIRECTOR Wallace Nesbit Associate Planner WN c: Building and Safety Manager Planning Manager Building and Safety Counter Technician C:\Wrkgrp\Letters\M UP98069. wpd 1� RECORDING REQUESTED BY: City of La Quinta Community Development Department City of La Quinta, California WHEN RECORDED PLEASE MAIL TO: Mr. and Mrs. Mick Santa L-A COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT: 49-105 Casa del Rio, La Quinta, California This covenant and agreement are made and executed on this the day of , 199_, by as the record owners 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 83, MB 239/050, TR 25154 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. 98-069); 2. No kitchen or cooking facilities shall 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 and Specific Plan 84-004; and, All on-site facilities are intended for the sole occupancy of the property owner(s), guests, and/or caretakers (i.e., a maid and/or housekeeper, etc.). 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. 0 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. Dated: Notary Mr./Mrs. By: Christine di Iorio, Planning Manager City of La Quinta E 11 FAX TRANSMISSION CITY OF LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT 78-495 Calle Tampico/PO Box 1 504 La Quinta, CA 92253 Ph: 760-777-7125 �_l.�lyLZ�2 Fax: 760-777-1233 To: Karen Santa Date: 7/7/98; 12:50 PM Fax #: 425-641-4219 Pages: 8; including cover sheet From: Wally Nesbit Subject: Guest House requirements COMMENTS / INSTRUCTIONS: Attached are the following required items for approval of a guest house: 1 . Application for Minor Use Permit ($75.00 fee). 2. Copy of Section 9.60.1 10 re: Guest Houses - zoning compliance standards. 3. Copy of standard deed restriction form - to be completed and notarized prior to building permit issuance. This is usually modified by our department and returned to you for signature/notarization/recordation with our approval letter. 4. Example approval letter. As we discussed, these only take a few days to file the application paperwork, it will likely take more time for the restriction to be recorded. This restriction will be forwarded to the building department once it is received, if your plans are in plan check at that time. You may reach me at 760-777-7069 if this does not address your needs, or with any questions. IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL 760-777-7125 E 9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS 15. In addition to the fundings required generally for all minor use permit approvals. the following finding shall be made in order to approve a conditional use permit for a second unit: (Revised 3/97) "The second unit is compatible with the design of the main unit and the surrounding neighborhood in terms of landscaping, scale. height, bulk, lot coverage and exterior appearance." 9.60.100 Guest Houses. A. Purpose. This Section provides standards and criteria for the establishment of guest houses where such units are permitted in accordance with Section 9.40.040. B. Definitions. For purposes of this Code. the following definitions shall apply: 1. "Guest house" shall mean a detached unit which has sleeping and sanitary facilities but no cooking facilities and which is used primarily for sleeping purposes by members of the family occupying the main building and their non-paying guests. 2. "Living area" means the interior habitable area of a dwelling unit, including basements and attics (if permitted) and shall not include a garage or any accessory structure. C. Limitations. On lots of ten acres or larger, one or more guest houses may be constructed. On lots smaller than ten acres. only one second residential unit or one guest house may be established on any lot in addition to the primary residence. Thus, on lots smaller than ten acres, a guest house may not be added to a lot containing a second dwelling unit. or vice -versa. D. Standards for Guest Houses. A guest house may be constructed as an accessory use in the RVL or RL Districts subject to approval of a minor use permit. All guest houses shall conform to the following standards: 1. Detached guest houses shall conform to all applicable Building Code standards and all development and design standards of the zoning district in which they are located. In addition, the height of the guest house shall not exceed 17 feet and shall not be more than one story. Guest houses shall be architecturally compatible with the main unit. 3.. The floor area of the guest house shall not exceed 30 percent of the existing living area of the principal residence. 4. The placement of a guest house on a lot shall not. result in violation of the lot coverage maximums set forth in Section 9.50.030. 60-11 9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS 5. There shall be no kitchen or cooking facilities within a guest house. 6. A guest house shall be used only by the occupants of the main residence, their non-paying guests, or domestic employees. The guest house shall not be rented or otherwise occupied separately from the main residence. 7. A deed restriction shall be required for recordation against the property to prohibit the use or conversion of the guest house to a rental unit. to a unit for sale. or to add a kitchen or cooking facility. 8. If a private sewage disposal system is used, approval of the local health officer shall be required. 9.60.110 Home Occupations. A. Purpose. The regulations set forth in this Section are provided so that certain incidental and accessory uses may be established in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. B. Permit Required. Establishment and operation of a home occupation shall require approval of a home occupation permit processed by the Director of Building and Safety in accordance with Section 9.210.060. Information shall be provided to ensure that the proposed home occupation complies with the requirements of this Section. Additional information necessary to make the findings required for approval may be required by the City. C. Use and Development Standards. In addition to the requirements for each residential district. the following standards shall apply to the establishment and operation of home occupations: 1. The establishment and conduct of a home occupation shall be an incidental and accessory use and shall not change the principle character or use of the dwelling unit involved. 2. Only residents of the dwelling unit maybe engaged in the home occupation. A home occupation shall be conducted only within the enclosed living area of the principle dwelling unit or within the garage provided no garage space required for off-street parking is used. The home occupation shall not occupy more than 25 percent of the combined floor area of the house and garage. (Revised 4/97) 4. A home occupation shall not be conducted within a detached accessory structure. although materials may be stored in such a structure. 60-12 THE — - SEVILLE Residence Three Three Bedrooms, Two & One Half Baths, 2 -Car Garage/3-Car Garage onselected sites MASTER SUITE SLOPING CEILING 2,288 Square Feet A lovely "H" shaped home with a rear courtyard orientation offering an indoor/outdoor fireplace that 0 enhances the easy California lifestyle. MASTER The spacious Great Room, kitchen BATH and master suite overlook the court- O LINEN yard. The private master suite wing features a spacious bathroom with I WALK IN CLOSET walla -in wardrobe closet and separate end shower. Guest suites are L�I from the master suite for BEDROOM 3 um privacy. WIDEN OPTION BATH 2 GUEST SUITE GARDEN COURTYARD OUTDOOR FIREPLACE FIREPLACE GREAT ROOM SLOPING CEILING ENTRY L L ENTRY COURTYARD RESIDENCE 3R FAMILY ROOM SLOPING CEILING NOOK �-r r x I 0 I ✓ c KITCHEN C I PAN I REF. I - - - - - 'W 1 LAUN I D --SIL W _ r 2 -CAR GARAGE (3 -CAR GARAGE ON SELECTED SITES) 0 T H E VALENCIA Res i d e n c e F o u r Three Bedrooms with Master Retreat, Tree Baths 2,566 Square Feet The lovely courtyard entrance leads to a formal living room and a large Great Room with a see-through fireplace dividing the rooms. The gracious kitchen opens to the Great Room as well as the dining area that features a dramatic curved window wall. A private master suite features a luxurious bath retreat and spacious walk-in wardrobe closet. The two separate guest suites each have their own private bath. RESIDENCE 4R GUEST MASTER SUITE 1 BATH MASTER SUITE SLOPING CEILING 10 WALK-IN CLOSET ____lil ___ REF PAN RETRKITCHEN _ GW.; GREAT ROOM SLOPING CEILING LAUN D E DINING t - TANDEM 3 -CAR GARAGE GUEST SUITE 2 BATH 3 I LIVING ROOM SLOPING CEILING ENTRY ENTRY COURTYARD (Production to begin in 1998) • THE VENTANAS • FEATURES CUSTOM -QUALITY INTERIOR LIVING AREAS Residences are designed for private courtyard orientation Extensive use of glass with views to courtyard Courtyard fireplace (Residence 3 only) Bullnosed corners throughout A selection of standard carpeting and tile available in a variety of colors Custom-designed exterior doors + Separate laundry rooms in all plans Fully insulated walls and ceilings Lennox heating and cooling system 50 gallon re -circulating hot water system ELEGANT BEDROOM SUITES & BATHS Large master suites with walk-in closets Mirrored wardrobe doors Ceiling fan outlets in master bedrooms and Great Rooms Ceramic tile showers and countertops [Marble countertops in all master baths High quality Kohler bath fixtures and trim GOURMET KITCHENS + GE gas cooktop/oven with 36"refrigerator/freezer, + Undermounted double kitchen sink multicycle dishwasher and separate built-in spacesaver + Food preparation island (Residence 1 &Z) microwave + Custom mission -style wood -stained cabinets + Corian kitchen countertops SPECIAL INTERIOR & EXTERIOR FEATURES + All residences are completely walled Private courtyards with gated entries + Homes are prewired for electronic security system Street scene landscaping included + Insulated attached two and three -car garages with Exterior gas connection for barbecue sectional roll -up garage doors and electric openers Phone & 7Voutlets throughout HOME OF VL 96.97.98 f%_ RANCHO LA QUINTA COUNTRY CLUB /n our constant endeavor to improve tjie quality of this community we reserve t%e right to modify f%or plans, features, specifications and product types without notice or obligation. A square footages are approximate. Prices are subject to grange without notice. December 19g7. RESIDENCE 2 n THE MALAGA Residence Two Three Bedrooms, Three Baths 2 -Car Garage/3-Car Garage on selected sites 2,074 Square Feet The spacious angled Great Room opens to the kitchen and nook areas while taping full advantage of the central courtyard. The master suite offers an elegant bath with separate tub and shower, plus his and hers wardrobe closets. Guests enjoy private bedrooms, each with its own bathroom. An office/den is adjacent to e main entry :.exp • • THE VENTANAS lie Classic Ventanas. Welcome to our beautiful new enclave of single-family, detached courtyard homes. The V ntanas feature classic architecture of the Spanish Colonial Revival Era, inspired by the influences of the Mediterranean world. ideally located adjacent to Rancho La Quinta's spectacular Robert Trent Jones, Jr. -designed golf course, these spacious courtyard homes offer the perfect blend Of outdoor and indoor living within one of the deserts most sophisticated gated country club communities. RANCHO LA QUINTA COUNTRY CLUB RESIDENCE A -_:]aI,;;I=73 L I �J THE M A D R I D Residence One Three Bedrooms, Two Batts 2 -Car Garage/3-Car Garage on selected sites 2,038 Square Feet With an inviting courtyard entry, this floor plan is designed for today's entertaining and outdoor lifestyle. The kitchen offers informal dining with a cozy fireplace in the adjoining Great Room. The spacious master suite offers privacy and an elegant master hathroom. 0 0 117.74 LoT*-83 0/ 77 on,T-L APPRO COMMI�fITY DEVI BY w „�.OATE., _ EXHIBIT. USE NO. SG,qLe j:- -2OfT AlOP0611vr-- P�tem1T- _ ...40T -_ PZAA) Fay --LoT-- UL PL+tl EST Ho - S�-T l— r _ 20 -low_ `:._.L��9e /�o� c-= Vo4 0 c 'Wl�/0-tin.�,� L APPROVED BY COMMUNITY DEVELOP ENT DEPT BY _ DATE EXHIBIT CASE NO. /"t Lle 9 g_° i9 ---4106 -