SBA 1991-0550 s 9
CITY OF LA QUINTA 100 00
PLANNING AND DEVELOPMENT DEPARTMENT
APPLICATION FOR SETBACK ADJUSTMENT
SECTION 9.188, L.Q.M.C.
APPLICANT: Submit this form with three copies of a scaled site plan,
drawn to adequately depict the nature of the request. A nonrefundable
fee of $100 is required when the Application is submitted. Check must
be made payable to the "City of La Quinta".
If the Applicant is not the owner of the property, a letter must be
submitted by the owner authorizing the Applicant to execute this
document in his behalf.
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int or
P leasLPrType
Applicant' s Name _ A% 15;:W ATi�y Date q/
Mailing Address 3 3 2 7/ LxGSTGh�rST�i� �fl
City i h��,a �a �S�tate
Owner's Name rJi,d " ► C/� r2 ,� Ii1 AQ 7i.✓
Mailing Address _:�3 Q7/
City%a,✓p Ra ems State
Street Address of Property
C4
Phone 6 ( It
Zip � 2 7,4;
005182 i0 1623 04-23-91 10
10 CASH i TOTAL i i00.00
Zip �Z2_7�_
Legal Description of Property (may be attached): Tract /° /92c61� ,21�F
l/,o07'L.L7:
Lot _ Tract Name
Assessor's
Parcel Number
— % Z 3
a2 2—
Adjustment
requested
Sf= ily,-fV(-
Reason for request _ _ / �,Qe y a ry;_ y v t10 IL
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JUSTIFICATION: No request for a Setback Adjustment shall be granted
unless it is determined that the adjustment is consistent with the
intent and purpose of this Ordinance; that there are special
circumstances applicable to the property, including such factors as
size, shape, topography, location or surroundings that justify the
approval of the adjustment of the setback requirement, and that the
adjustment will be not detrimental to the health, safety, and general
welfare of the community or be detrimental to Property in -the vicinity
or t'h,,.: parcel for which the adjustment is requested.
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STAFF USE ONLY
Case No.: 9 Existing Zoning:
Related Case(s)
Assigned to:
Date of Decision:
File Closed:
BJ/FORM.122
• FILE COPY
Tiht 4
78-105 CALLE ESTADO — LA QUINTA, CALIFORNIA 92253 - (619) 564-2246
FAX (619) 564-5617
April 24, 1991
K.J. Martin
33971 Westchester Dr.
Thousand Palms, CA 92276
Subject:
Setback Adjustment: 91-055
APN: 774-223-022 . -
Legal:`Lot 10 Blk 295
Dear Mr. Martin:
This letter is to report approval of your recent application
for a setback adjustment, pursuant to Chapter 9.188 of the City
of La Quinta Planning & Zoning Regulations., The following
setback adjustment has been approved subject to conditions and
in accordance with attached Exhibit A.'
SETBACK ADJUSTMENT:
Front setback 20 feet adjusted to 16 feet
FOR:
House
CONDITIONS:
1. Garage shall be 20 feet back from property boundary.
Please not this setback reduction leaves limited room for -a
swimming pool in the front yard.
After review it was determined that:
1. This adjustment is consistent with the intent and
purpose of the zoning ordinance.
2. There are special circumstances applicable to the
property, including such factors as size, shape,
topography, location or surroundings that justify
approval of the adjustment. These special
circumstances are: this is a small lot.
LTRGL.190/ lIG ADDRESS - P.O. BOX 1504 - Lf1-QUINTA, CALIFORNIA 92253
3. This adjustment will. not be' detrimental to the health,
safety, and general welfare of -.the community : or be
detrimental to property in 'the-vicinityof the parcel for
which the adjustment is requested.
.If you have any questions, please contact the undersigned.
Very truly yours,
JERRY HERMAN
PLANNING & DEVELOPMENT DIRECTOR
��Jl, tit S � . • { • - .. ,
Glenda M. Lainis - c
Associate Planner
GML:ccs
Attachment: Exhibit A t
cc: Building & Safety Department
LTRGL.190/CS - -2-
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Escrow Instructions _ / J�_ -� /7a Escrow Number
Jacqueline Feldman' 44-900 SAN PABLO AVENUE April 9, 1991
Escrow Officer PALM DESERT, CA 92260-3537 Date
(619) 568-3627
TELECOPIER No. (619) 341-8296���
I/we will hand you a deposit of $500.00
hand you an additional sum of $23,500.00
a total consideration of $24,000.00,
through our broker and will
plus costs for
and will deliver to you any instruments which this escrow requires shall be executed by me, all of which you are
instructed to use provided on or before May 9, 1991 you hold a policy of title insurance
with the usual title company's exceptions, with a liability equal to the total considerations herein covering
Paid outside of Escrow
Cash: through Escrow
Encumbrances of Record
Encumbrances of Record
New Encumbrances
Total Consideration
Lot 10, Block 295, Santa Carmelita at Vale La Quinta, Unit 27
As per map recorded in book 19 page(s) 82 of maps in the office of the County Recorder of Riverside County, Calif.
(Memo: Property Address: Vacant Land (APN 774-223-022) )
showing title vested in: Kevin J. Martin and Claira Martin, husband and wife ( vesting to be
determined)
FREE FROM ENCUMBRANCES EXCEPT ONLY THE ITEMS NUMBERED BELOW:
(1) General and Special taxes for the fiscal year 19 91 , 19 92 , which are not delinquent as of close of escrow
(2) The lien of supplemental taxes, if any, assessed pursuant to Chapter 498, Statutes of 1983, of the State of California
(3) Bonds/Assessments: None
(4) Covenants, conditions, restrictions, reservations, rights, rights of way, easements, and the EXCEPTION OR RESERVATION OF WATER, OIL, GAS,
MINERALS, CARBONS, HYDROCARBONS OR KINDRED SUBSTANCES ON OR UNDER SAID LAND, now of record, if any.
INSTRUCTIONS:
(A) Buyer is paying ALL CASH for subject property.
(B) This escrow is subject to City of La Quinta granting a variance from existing 20 foot
set back along Bermudas to 16 feet. Builder shall file for variance immediately upon acceptance
of offer and has 10 days to obtain same. Buyers funds deposited into escrow to close this
escrow shall be deemed approval of same.
(B) Buyer is paying ALL CASH for subject property.
(C) Buyer and seller each topay their own normal closing costs incurred herein.
M
All parties signing this agreement hereby acknowledge receipt of a copy of these instructions.
Prorate taxes based on latest available tax bill as of close of escrow Prorate insurance handed you as of n/a
or buyer will hand you new insurance at his option. Prorate Homeowner's Association dues as of n/a
Prorate interest on loans of record as of n/a Prorate rents and adjust deposits as of n/a
based on rent statements handed you. Any rents in arrears are to be disregarded in your prorations.
Credit seller and debit buyer the amount of impounds, if any, as disclosed by beneficiary statements from the holders of the loans of record.
I/We agree to pay escrow fees and charges as charged.
EACH PARTY SIGNING THESE INSTRUCTIONS HAS READ THE ADDITIONAL ESCROW CONDITIONS AND INSTRUCTIONS ON THE REVERSE SIDE HEREOF.
AND APPROVES, ACCEPTS AND AGREES TO BE BOUND THEREBY AS THOUGH THE REVERSE SIDE HEREOF APPEARED OVER THEIR SIGNATURES.
Buyer's Signature Buyer's
Kevin J. Martin Claira Martin
The foregoing terms, provisions, conditions and instructions, and those on the reverse side hereof are hereby approved and accepted in their entirety and concurred in by me.
I will hand you necessary documents called for on my part to cause title to be shown as above, which you are authorized to deliver when you hold or have caused to be applied
funds set forth above within the time as above provided. Pay your escrow charges, my recording fees, charges for evidence of title as called for whether or not this escrow is
consummated, except those the buyer agreed to pay. You are hereby authorized to pay bonds, assessments, taxes, and any liens of record, including prepayment penalties,
if any, to show title as called for. Pay Documentary transfer tax on deed as required.
Pay commission as follows $ to ( Per separate instruction)
to
Seller's Signature Seller's Signature
Frank Striskovich Stephanie Striskovic
Phone
PD 12/86
r
PAGE 2
ADDITIONAL ESCROW CONDITIONS AND INSTRUCTIONS
1. Your duty to act as escrow holder does not commence until the "Opening of Escrow" which is defined as the receipt by escrow holder of these
instructions, signed by all parties. Until such time either party may unilaterally cancel and upon written request delivered to you, the party may
withdraw funds and documents he previously handed to you.
2. All funds in this escrow shall be deposited with a State or National bank with other escrow funds. Make disbursements by your check; checks not
presented for payment within six months after date are subject to service charges in accordance with your schedule in effect from time to time.
Make all adjustments and prorations on the basis of a 30 day month. "Close of Escrow" is the day instruments are recorded. All documents and
funds due the respective parties herein are to be mailed to the addresses set out below their respective signatures, unless otherwise instructed.
Our signatures on any documents and instructions pertaining to this escrow indicate our unconditional approval of same. Whenever provision is
made herein for the payment of any sum, the delivery of any instrument or the performance of any act "outside of escrow," you as escrow holder
shall have no responsibility therefor, shall not be concerned therewith and are specifically relieved of any obligation relative thereto.
3. You shall not be responsible or liable in any manner whatsoever for the sufficiency or correctness as to form, manner of execution or validity of any
documents deposited in escrow, nor as to the identity, authority or rights of any person executing the same, either as to documents of record or
those handled in this escrow. Your duties hereunder shall be limited to the safekeeping of such money and documents received by you as escrow
holder, and for the disposition of the same in accordance with the written instructions accepted by you in this escrow. You shall not be required to
take any action in connection with the collection, maturity or apparent outlaw of any obligations deposited in this escrow, unless otherwise
instructed.
4. Seller guarantees, and you shall be fully protected in assuming, that as to any insurance policy handed you each policy is in force, has not been
hypothecated, and that all necessary premiums therefore have been paid. You will transmit for assignment any Insurance policy handed you for use
in this escrow, but you shall not be responsible for veriffyying the acceptance of the assignment and policy by the insurance company. ESCROW
HOLDER WILL MAKE NO ATTEMPT TO VERIFY THE F�ECEIPT OF THE REQUEST FOR ASSIGNMENT BY THE ISSUING COMPANY. You are
herebysuffered placed on notice that if the insurance company should fail to receive said assignment, the issuing comp'an may deny coverage for any
loss ASSIGNMENT by
IT IS THE POLICY BYOBLI SSUON F THE
INSURED OR HIS REPRESENTATIVE TO VERIFY THE ACCEPTANCE OF THE
Y.
5. The adjustments and prorations called for, shall be computed as set forth below, or as otherwise amended in writing.
(a) Taxes, including all tax bill items, except taxes on personal property not conveyed through this escrow, based on current year's taxes, or,
between July 1 st and November 1st of each year based on immediately preceding year's taxes. In each case, use the figures from the tax bill
handed you by the seller or figures furnished you by the title company, without liability on your part as to their correctness. Seller agrees to
pay prior to delinquency, any taxes on real and personal property not being sold herein, which is a lien on the real property being conveyed.
You are not to be concerned with same.
(b) Interest on Mortgages and/or Trust Deeds of record, mortgage insurance premiums, funds accrued in Impound Account for future payment of
taxes, fire or mortgage insurance as disclosed by any beneficiary statement received in escrow. If any beneficiary statement discloses that
the unpaid PRINCIPAL AMOUNT DUE ON ANY TRUST DEED OF RECORD IS MORE OR LESS THAN THE AMOUNT HEREIN SET
FORTH, adjust the difference in cash through this escrow, unless otherwise provided for herein.
6. Deliver assurances of title, and insurance policies, if any, to holder of senior encumbrance or his order, or if there be no encumbrances, then to the
buyer or his order.
7. If the conditions of this escrow have not been complied with prior to the expiration of time provided for herein, or any extension thereof, you are
nevertheless to complete the escrow as soon as the conditions, except as to time, have been complied with unless written demand shall have
been made upon you not to complete it. Following receipt of such written demand not to complete the escrow, you are to promptly mail a copy of
said demand, by regular mail, to the other party as specified in paragraph 2 hereof. Unless written objection thereto from such other party is
received by you no later than 5:00 O'Clock P.M. on the seventh (7th) business day following your mailing a copy of said demand, you are
instructed to:
(a) comply with the written demand to not complete this escrow; and
b) return all monies and documents upon payment of your cancellation fees, costs and expenses, to the party or parties depositing the
same with you; and
(c) you may cancel this escrow and be relieved of any further duties or obligations with respect hereto.
If written objection is received within the time stated, you shall proceed in accordance with the provisions of paragraph 8 hereof.
8. NO NOTICE, DEMAND OR CHANGE OF INSTRUCTIONS SHALL BE OF ANY EFFECT IN THIS ESCROW UNLESS GIVEN IN WRITING BY
ALL PARTIES AFFECTED THEREBY. In the event conflicting demands or notices are made or served upon you or any controversy arises
between the parties hereto or with a third person growing out of or relating to this escrow, you shall have the absolute right to withhold and stop all
further proceedings in, and performance of, this escrow, until you receive written notification satisfactory to you of the settlement of the
controversy by agreement of the parties thereto, or by final judgement of a court of competent jurisdiction. All of the parties to this escrow hereby
jointly and severally promise and agree to pay promptly on demand, as well as to indemnify you and to hold you harmless from and againt all
litigation and interp eader costs, damages, judgements, attorney's fees, expenses, obligations and liabilities of every kind which, in good faith, you
may incur or suffer in connection with or arising out of this escrow, whether said litigation, interpleader, obligations, liabilities or expenses arise
during the performance of this escrow, or subsequent thereto, directly or indirectly.
9. You are hereby authorized to deposit any funds or documents handed you under these escrow instructions, or cause the same to be deposited,
with any duly authorized sub -escrow agent, subject to your order at or prior to close of escrow, in the event such deposit shall be necessary or
convenient for the consummation of this escrow.
10. All parties agree that as far as your rights and liabilities are involved, this transaction is an escrow and not nay other legal relation and you are an
escrow holder only on the within expressed terms, and you shall have no responsibility of notifying me or any of the parties to this escrow of any
sale, resale, loan, exchange, or other transaction involving any property herein described or of any profit realized by any person, firm or corpora-
tion (broker, agent and parties to this and/or any other escrow included) in connection therewith, regardless of the fact that such transaction(s)
may be handled by you in this escrow or in another escrow.
11. You are not to be concerned with the giving of any disclosures required by Federal or State law, specifically but not exclusively, RESPA (Real
Estate Settlement Procedures Act). Regulation Z (Truth in Lending disclosures) or other warnings, or any warranties, expressed or implied.
Neither are you to be concerned with the effect of zoning ordinances, land division regulations, or building restrictions which may pertain to or
affect the land or improvements that are the subject of this escrow.
12. The parties to this escrow have satisfied themselves outside of escrow that the transaction covered by this escrow is not in violation of the Subdi-
vision Map Act or any other law regulating land division, and you as escrow holder are relieved of all responsibility and/or liability in connection
therewith, and are not to be concerned with the enforcement of said laws.
13. In the event any Offer to Purchase, Deposit Receipt or any other form of Purchase Agreement is deposited in this escrow, it is understood that
such document shall be effective only as between the parties signing said document. You as escrow holder are not to be concerned with the terms
of such document and are relieved of all responsibility and/or liability for the enforcement of such terms and your only duty being to comply with
the instructions set out in this escrow. In connection with any loan transaction involving an FHA, or VA loan, you are authorized to deliver a copy of
any such document to FHA, VA or lender as the case may be.
14. Time is of the essence of these escrow instructions. In the event of failure to pay fees or expenses due you hereunder, on demand, I agree to pay a
reasonable fee for any attorney's services which may be required to collect such fees or expenses.
15. If a party to this escrow unilaterally assigns or orders the proceeds of this escrow to be paid to other than the original parties to this escrow, such
assignment or order shall be subordinated to the expenses of this escrow, liens of record on the subject property, and payments directed to be
made by original parties together. If the results of such assignment or order would be to leave the escrow without sufficient funds to close, then
you are directed to close nevertheless, and to pay such assignments or orders only out of the net proceeds due except for such assignments or
orders, and to pay them in the order in which such assignments or orders are received by you. You are to furnish a copy of these instructions,
amendments thereto, closing statements and/or any other documents deposited in this escrow to the lender or lenders and/or the real estate
broker or brokers involved in this transaction upon request of such lenders or brokers. In the event of an assignment or transfer of interest by
operation of law, with or without the approval or consent of any or all of the parties hereto, you shall retain the right to deduct any and all escrow
costs, fees and expenses provided for herein from said assigned or transferred funds, properties or rights, said assignment or transfer
notwithstanding.
16. These instructions may be executed in counterparts, each of which shall be deemed an original regardless of the date of its execution and
delivery. All such counterparts together shall constitute one and the same document.
17. The Darties to these escrow instructions authorize you to destroy these Instructions and all other instructions and records in this escrow at any time
after five (5) years from date of close of escrow.
ESCROW COMPANIES ARE NOT AUTHORIZED TO GIVE LEGAL ADVICE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY
BEFORE SIGNING.
ADDITIONAL ESCROW INSTRUCTIONS
Escrow No.
10-16415 Date April 9, 1991
Re: APN 774-223-022
TO: General Escrow Co., Escrow Holder
My instructions in the above numbered escrow are hereby continued as follows:
FAX/TELECOPIER INSTRUCTIONS:
In the event Buyer and/or Seller utilize"facsimile" transnitted'signed documents,
Buver and Seller hereby agree to accept and instruct the Escrow Holder to rely upon
such documents as if they bore original signatures. Buyer and Seller hereby ack-
nowledge and agree to provide to Escrow Holder within 72 hours of transmission,
such documents bearing the original signatures.
BUYER AND SELLER UNDERSTAND THAT "FACSIMILE" TRANSMITTED DOCUMENTS ARE NOT ACCEPTABLE
TO THE COUNTY RECORDER FOR RECORDING PURPOSES.
FEDERAL EXPRESS/EXPRESS MAIL/UPS .... ETC.,
Buyer and Seller agree to pay any overnight mailing charges, if required and/or
requested, to facilitate the closing of this escrow.
Kevin J. Martin Claira Martin
Frank Striskovich
Stephanie Striskovich
111
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