Casitas LQ HOA/Montero Estates Street Maintenance 86
~ r~RF.'CORDING REQUESTED BY; AND
-.(fir+nN RECORDED, RETURN T0: ~ ~ -
V LL
' ~ ~ AGRE~MENT S ,
f~ [~ ~ THIS AGREEMENT made and enter ed into this 1 '"
SoA 5
. M.
~ day o£ De ~ P ,_bp v 1986, by and between:
g ~ CITY OF LA QUINTA
78-105 Calle Estado
°a ~~ La Quinta, California ~9 225.3; - ~~
(hereinafter referred to as CITY).
° 1~ DAVID and LUCY FORCUCCI
. _ ~ 78-345 Calle Felipe, La Quinta, California 92253 -
Owners of: 036-Parcel 4 PM 011/064 PM 5598;
~
cr
°° BRAD and MARY DEXTER
° 76-411 Calle Felipe, La Quinta, California 92253
,Owners of: Portion of Parcel 1 PM 011/064 PM 5598;
JACQUES.and VIVIENNE ABELS
49990 Avenida Montero, La Quinta, California 92253
° Owners of Portion of Parcel 2 PM 011/064 PM 5598;
WILLIAM and LILLIAN BRESNAHAN
78-425 Calle Felipe, La Quinta, California 92253
Onners of: A portion of Southwest quarter Section
31, Township 5 South, Range 7 East, as shown on Parcel
Map No. 5598, as
shown by Map on file in Book 11, page 64
of Parcel Maps, records of Riverside County,
California.
. ° CONnNSNrNi. i.nNO rrLE COn1P0.YV w•; ~n:mn>a (hereinafter collectively referred to as
GROUP 1) ~ -
ALL OWNERS OF LOTS 3 through 22, as per maprecorded in
Book 58, pages 20-21;.Records of Riverside County
~°. (hereinafter collectively referred to as GROUP 2) .
CASITAS LA QUINTA N0. 1 HOMEOWNERS ASSOCIATION, which
consists of Lots 23 - 45 of Tract 3448 as per Maps in
Book 58, pages 20-21 of Maps, Records of Riverside
County
(hereinafter referred to as GROUP 3)
° CASITAS LA QUINTA NO. II HOMEOWNERS ASSOCIATION, which
consists of Lots 46 - 64 of Tract 3448 as per Maps in
° Book 50, pages 20-21 of Maps; Recordeof Riverside.
County
(hereinafter referred to as GROUP 4).
1. The Resolution of 'the City Council of .the City of La
- Quinta, No. 83-32, has resolved that certain streets ,located in the city of
La Quinta will be vacated as a result of a petition
from property owners whose property abuts said streets. .Those streets to be vacated are:
Avenida Montero, Calle Felipe, Calle
Orense, Calle Seama, Calle Huerta, and Calle Remo, Said
incorporated
resolution is attached hereto as Exhibit A"
herein by this reference. - - °
2. Group 1, Group 2, Group 3 and Group 4, by this
° ° agreements, hereby relinquish their right to ingress and egress to ~°ea
° the public .streets as set forth in Resolution No. 83-32 of the
° City of La Quinta. - - ~ ~ .. ors°~y,° J
whose property abuts said streets,
3. All property owners
with the exception of Group 1, are members of two separate
. homeowners 'associations; to wit: Casitas La Quinta No. 1
n Homeowners Association and Casitas La Quinta No. II Homeowners .
Association, and therefore, are subject to 'those certain
Declarations of Covenants, Conditions and Restrictions recorded
with. the County Recorder of Riverside County. Further, Group 2
is subject to Declarations of Covenants, .Conditions and
Restrictcions recorded with the County Recorder of Riverside
County, but no homeowners' association has been formed nor is
such association sequi red.
4. Upon vacating the above-mentioned. streets, the parties
° ~ :hereto whose ~pYoperty abuts said streets, wi 11 cause to be 'Lti~°°~°j~r
erected
ertain security gates which will limit access to the g
entire subdivision.
m 5. Pursuant to th_e terms of the CC&Rs of the two separate '~
m homeowners associations, there .exists certain parcels and lots
gwhi ch are designated, as common areas, used and enjoyed by the ~
respective memliers of those homeowners .associations. Those ;°. ti:-°
..ge y
° ~ ~ parcels and lots so designated will continue to be identified as ` °°x •
common areas
hen the above-named streets. a
e vacated, and will
. continue to remain subject only
to those~CC&Rs directly-affecting them
6. Upon vacating the streets and" gating the entire area, "!
'the said streets will .become common areas for use and` enjoyment k~•. ~yyi
~ by all parties to-this agreement
and said streets shall be
• ° subj ect~to those certain rules, regulations .and restrictionsas °'.
" referred to in the Declarations of Covenants, Conditions and °
~ ~ Restrictions of Casitas I and Casitas II.
7.~ Pursuant to the terms of" the CC&Rs of the two °° ~°
homeowners' associations,"the respective boards of directors have ;~~~°~
been delegated the power to annex to these associations an °°?~}gr'
undivided one-half interest in the streets so designated to be .~a 8.
8. 'A community association made up of one. representative,
from -each of the Groups hereto will be Formed. It will be the
reaponsibllity o£ such association to control and maintain the
common area streets and gates. As an additional responsibility, - a
said community association wi 11 be responsible for the levy and {
collection of assessments on all affected homeowners for~the
care, repair and maintenance of the' vacated streets and .gates. °'°e,.e '~
All homeowners of Groups 1,2, 3 and 4 will be assessed said fee ,g i9~.
- equally.
9. Groups 1 and 2, by this agreement,, declare that they
• ~ have read the said Resolution 83-32 and understand the contents °°
therein, and acknowledges that said streets wi 11, upon vacation, c
~be limi ted'as set forth in Resolution 83-32.
° THEREFORE, IN CONS TDERATION OF THE MUTUAL PROMISES OE
- NOW .
NTORS AND
THE PARTIES HERETO, EACH TO THE OTHERS AS COV o
COVENTEES,~ AND-EXPRESSLY- FOR THE BENEFIT OF, AND TO BIND, THEIR '°_y~:e'm;®
- SUCCESSORS IN INTEREST, THE SAID PARTIES AGREE AS FOLLOWS: .0., ~.~
parti es of Group 1 and Group 2 will, upon vacating ~
1. All " ° ..
o£ the streets and gating of those streets, as set forth
of any and all
hereinabove, pay their proportional share
assessments, both regular .and special, .levied against the
°° homeowners for costs of maintenance and operation of the common ,
areas which are the vacated streets. A11 assessments so levied,
will be a able to the communit association formed. pursuant to
paragraph number 7 hereinabove. Said community association shall
designate a mailing address for payment of said assessments:
'2. The parties- hereto by and through the newly formed
association agree to insure the vacated streets against any .
r La Quinta with a
liability and to furnish the City of
.public
certificate of.' insurance naming the City as an additional ~t~
a
.insured.
3. These covenants are to run with the land gind shall be ]r~ A°n~
binding on all parties and all persons claiming under them. r
4. In the event any assessment shall be unpaid and hot ;~
otherwise satisfied within ten (10) days after the same becomes
due and payable, the same shall be delinquent, ;and shall remain
delinquent until the amount of such payment, together with all
costs, penalties and interest as herein provided, shall be fully ea •
paid or otherwise satisfied.
5~.- Each assessment, along with interest .thereon, late
6
charges, collection costs and reasonable attorneys fees shall be
a continuin lien u on the lots within the subdivision belongin °
to Group 1 'and. Group 2, to become effective upon recordation o£
this agreement. Said assessment shall be the personal obligation
of the lot owner of record at the time of assessment.
6. Enforcement shall be by proceedings at law or in equity
against any person or persons violating or attempting to violate -„
any covenant, either to restrain violation or to recover damages.
7. The. parties hereto agree to recordation of this
Agreement in the County of Riverside, State of California.. b°• ~a~ ®~®.
8. In consideration of the foregoing, Group 1 and Group 2
wi 11 be entitled to the full enjoyment, use and benefits of the
O cdmmon' area streets and gates set forth herein as if the4 were
~~ ~'~nembers. of any or all of the homeowners "associations, without the
necessity of becoming a member of any' association; but in no
eventshall they be entitled to the use and enjoyment o8 the
common areas of Group 3 and Group 4.
9. This agreement .shall inure to thebenefit of and
binding upon the heirs, successors and assigns of the parties
- hereto.
10. This agreement may be executed in several counterparts
'and all so executed shall constitute one agreement, binding on
.all parties hereto, notwithstanding that all the parties are not
' signatory to the original or the same counterpart.
~,_ 11. This agreement -constitutes the entire understanding
~: between the parties named herein. Any change or modification
thereof must "be in writing, signed by the parties. This
agreement shall be deemed to be a legal and binding contractual
agreement, made in compliance with and agreed. to under the laws,
statutes and codes of the State of California, and shall for all
intents and purposes be construed in accordance with said 1-aws,
(Indlviduol) ~ ~ ~ -
~, ,,
STATF, OP CAW FOkNIA SS. - ~•~ ~~
COUNTY OF RIVERSIDE - ~ '
NOVE['IBER 6 1986 ,betare me, the undenlgned,oNdtary,Ppblic In entl for said
On JOFIIJ J F1J7+. '
Smse, personally pppcared
(or proved to me on the bells of snslsfactory evldentt), ,,,///
(7 the person -- whose name T4 subscribed ~ss~~~tyeRLIKf1LK
tp th<within insvumbnl end ocknowlcdgcd shel I'mo' ~Rrss/e •S•~`
exccuad the same. 10 11010'fisCEp
CART'
sG 6p. 11r. Z9. 1989
W ITNE55 my h/d~nd o ~c~aT~+d ~ ,
SignoWrt~' x~t~/
~AGREEMEN'1' BEIWEFIV CITY OF QUI A AND ~
Tkffi PROPER'PY. OWNERS sru..~s s .nma.onna...p _'~