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MUP 1999-158I L PA" JUL 2 2 1999 City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, California 92253 (760) 777-7125 FAX: (760) 777-7155 OFFICE USE ONLY Case No. � — Date Recvd. 7 _ -L ' Sf Fee: 75 Related Apps.: APPLICATION FOR MINOR USE PERMIT APPROVAL MINOR USE PERMIT applications are reviewed and approved by the Community Development Director pursuant to Section 9.210.020, of the Zoning Code. The purpose of the review is to ensure that land uses requiring the permit do not have an adverse impact on surrounding properties, residents, or businesses. APPLICANT L� ��� Ike r i v` s l-T ztii C . (Print) (6O) MAILING ADDRESS Phone No. gr- z S CITY, STATE, ZIP: P4 — Fax No. �U; 7 B 7 PROPERTY OWNER (If different): SoL (Print) MAILING ADDRESS:47-540 Phone No. CITY, STATE, ZIP: L,, cz -., -� �Fax No. PROJECT LOCATION: 4 7 - S l� VVl0 wee sS rA' C� PROPOSED USE AND/OR CONSTRUCTION (Including operational information): (attach sheets if needed) LEGAL DESCRIPTION (LOT & TRACT OR A.P.N.): Z/o S Z Go Z 3 A 181Minor Use Permit SUBMISSION REQUIREMENTS: ❑ Plot Plan, floor plans and elevation plans (as determined by Community Development Department staff. Five (5) sets of plans on 8'/2" x 1 l" sheet or folded down to 8'/2" x 1 l". ❑ Filing fee for Motor Use Permit. If filing multiple applications, the most expensive application will be charged full fee, with remaining related applications discounted 50% for each. This discount does not apply to Environmental Information form. NAME OF APPLICANT 1ch ►4� �e+-�i �• Cs�•^t (�c,'f'� o� zt.9 C• (Please Print) SIGNATURE OF NAME OF PROPERTY OWNER (Please Print) DATE 2 i f 9 SIGNATURE OF PROPERTY OWNER(S) IF NOT SAME AS APPLICANT: DATE (Signature provides consent for applicant to use site for proposed activity). 17:vul (Separate written authority by owner to submit application may be provided) NOTE: FALSE OR MISLEADING INFORMATION GIVEN IN THIS APPLICATION SHALL BE GROUNDS FOR DENYING APPLICATION. A I Minor Use Permit • I e �764�-a BYINGTN FADE 01 01/04/1995 01:23 2099319408 fa RECORDING REQUESTED BY: Lawyers Title Company AND WHEN RECORDED MAIL TO: Mr, and Mrs. Robert Byington 5780 North Ashley Lane Stock*, CA 96205 i i SCRQ W'N0.03979-C9 ESCROW p�) by%- \"IU • DO% INDIVIDUAL GRANT DEED THE UNID RSIIGNNEU RANTOR(S) DECLARE(s) iDOC� 1000-203034 08 11090 08: 00(t Ree : 2fi . 00 Page t of 2 Dec T Tax Paid Rooerded in Official Records County of Riverside Cary L. Ora* Assessor, County Clerk 4 Recerder III III 111111111111111111111111111111111111 M $ lJ PAGE 8¢E 0A POOR NOCOR sw "cc A REFUIQ` •NCN6 EXAM R L COPY LJIIO DOCUMENTARY TRANSFER TAX is 9621.50 IXJ computed on full value of property conveyed, or ( J computed on full value !ess value of liens or encumbrances remaining at time of sale. i'[ J Unincorporated area IX I City of La Ouinta, AND Liai FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LEE GL�SKE, a Married Mon, as his sole and separate property hereby RANT(s) to; Robert G. Byington and Barbara W. Byington, Trustees of the Byington Revocable Living Trust of 1999 the reJ property in the city of La Quints, County of Riverside, State of California, described as: Lot 238tt, of Tract 26152 as per legal description attached hereto and made a pan hereof as Exhlblti "A". ALSO KNOWN AS: 47540 Vie Montessa, La nuinta, CA 92253 A,P. # r3.120-008-8 , { I i DATED sy S. 1999 STATE F CALIF�QRNIA COUNTY OF K f s4c Lee Glaske On W q Lmfvtu ne, Ck'�L�L. �u4. a Notary" P�I� In and r sold State, personally sppeerad h i r ......Ily r.wewn ao n In• P•^•o,1 ... ,we ,... •1.e heave n� eallsiactoryoylaenCel c0 09 the t7tw6vlit>{r won"" mm�e{ul G~�~�•!� YNOWN ierare subscribed to the within instrument and acknowledged Comm. # 1127569 A to me that he/she/they executed the same in his/her/their �l `' WARY PUSLIC•CAUFORNIA VI authorized capacityliesl. and that by his/her/their signature(s) R.Mide CouAty on the instrument the personle), or the entity upon behalf of Coon• (4 a A ll 12 2001 which tlis person(s) acted, executed the instrument. WITNES� Er7ge Viand official seal. f IThis area for offlclal notarial coal) Muir r"n I.ww....•. . 11,. and ►A— ne .- o.•ineaa. w. 6790 I�Ie,M w,el.ley — c9n ",.,._ rA oi7nf, _ mn, Mi, ..,� P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 August 19, 1999 Mr. Michael Bergin P.O. Box 2889 Palm Desert, California 92261 (760) 7 7 7 - 7 0 0 0 (TDD) (760) 777-1227 SUBJECT: MINOR USE PERMIT 99-158 --- RECORDED COVENANT AND AGREEMENT Dear Mr. Bergin: The Community Development Department has received a copy of the recorded Covenant and Agreement restricting the use of the residence at 47-540 Via Montessa in the Lake La Quinta Development. Therefore, pursuant to the conditions of approval you may now obtain a building permit to construct the detached guest house. If you have any additional questions, please contact Greg Trousdell at (760) 777-7067. Sincerely, 'er,ry Herman Community Development Director c: Greg Butler, Counter Technician (B&SD) File 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 P.O. Box 1504 La Quinta, CA 92253 DOC # 1999-369946 08/18/1999 08:00A Fee:15.00 Page 1 of 4 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk & Recorder M S U PAGE SIZE DA PCOR NOCOR SMF MISC. A R L COPY LONG REFUND NCHG EXAM COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT 47- 540 VIA MONTESSA IN LAKE LA QUINTA, LA QUINTA, CALIFORNIA This covenant and agreement are made and executed on this the 26"' day of July, 1999, by Robert G. Byington and Barbara W. Byington 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 236 of Tract No. 26152, in the City of La Quinta, County of Riverside 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. 99-158); 2. No kitchen or cooking facilities shall be constructed in the guest house per the provisions of Chapters 9.30.030 (RL Zone District) and 9.60.100 (Guest Houses) of the La Quinta Municipal Code; and, 3. All on -site facilities are intended for the sole occupancy of the property owner(s), non-paying guests, and domestic employees. 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 Cov158-p 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 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: _ 6 / AF UPI VVVW� q WJ Cov 15 8-p Barbara W. Bying Y� Christine Di Iorio, Planning Manager City of La Quinta 1999-369946 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California , ss. County of —'A (I On 11I 1/_1 I Ir 1 7 0I.Ast LO , I CM9 before me, is Date I Name and Title of Office , -Jae Doe, Notary�ic* personally appeared •111144 me(s) of Signers) AL.VAREZ #t11314501 9 .HSIDE COUNTY ��. Exp. Mar. 25, 2D01 KIM ALVAREZ COMM. #t1131459 NOTARY PUBLIC - CALFORNIA RIVERSIDE COUNTY My Comm. Exp. Mar. 25, 2001 Place Notary Seal Above ❑ personally known to me Xproved to me on the basis of satisfactory evidence to be the persorg whose name(s) 496D subscribed to the within instrlwkent and acknowledged to me that=t2e?yxecuted the same in hor' capacity(ies), and that by their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITN SS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached current Title or Type of Document: Document Date: S' Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator/ Other: Signer Is Repr ting: _ Number of Pages: RIGHT THUMBPRINT OF SIGNER of thumb here ® 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder. Call Toll -Free 1-800-876-6827 1999-369946 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of t1i, -A County of On �qf before me, i s X� , DATE NAME, TITLE OF OFFICER - E.G. 'JANE DOE, NOTARY PUBLIC' _l?person appeared _ G1� s �-- ©I Z' o r ��__ _ NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(o) whose name(e) Wait subscribed to the within instrument and ac- knowledged to me that she/tbey executed the same in b�K/her/tlaq&rr authorized capacity(*), and that by h+§/her/t-ITreir ._ signature($) on the instrument the persoa(g) gE.o.,N OFFICIAL SEAL ` ••-•••;•• �'ECEGENIAHENSLEY or the entity upon behalf of which the �WOMM. #1107891 nl0caryPublic -California person(,>�j acted, executed the instrument. x Fj* RIVERSIDE COUNTY o My Commission Expires• AUGUST 7, 20"y;) - . a � V LTN!gS my hand and official seal. IGNATURE 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 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 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII aa'��os9a�� :-SITE PLAN_�_LOT Noo236 lie" . Lo= 15, .............