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2018 WSA - Easement & Maint Agrmt - Pool Deck & FenceDocument -4903 844 -Page -1 DOC # 2018-0080500 03/02/2018 03:51 PM Fees: $0.00 Page 1 of 14 Recorded in Official Records County of Riverside Peter Aldana RECORDING REQUESTED BY I Assessor -County Clerk -Recorder AND WHEN RECORDED MAIL TO: I [ "This document was electronically submitted CITY OF LA QUINTA i' to the County of Riverside for recording— / 78-495 Calle Tampico I Receipted by: CHERYL #637 La Quinta, CA 922$3 I Attentlon: CITY CLERK I CORRECTIVE RECORDING FOR DECLARATION OF EASEMENT AND MAINTENANCE AGREEMENT Doc# 2018-0064920 Recorded 02/21/2018 Eliminating the last page entitled"Certificate of Acceptance" by the City of La Q:uinta, which was attached in error, . APN: 609-040-007, 609-040-023, 609-040-028 "THIS AREAFO R, RECORDERS USE ONLY This document is exempt from payment of recording fee pursuant to Government Code Sections 6103 and 27383 about:blank 3/2/2018 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: La Quinta Housing Authority 78-495 Calle Tampico La Quinta, CA 92253 Attn: Executive Director I_1��[:�I�'IIIL�Ia1j1NK, I I 1L�la1 . 1' 1 1 1 Space Above This Line for Recorder's Use DECLARATION OF EASEMENTS AND MAINTENANCE AGREEMENT This Declaration of Easements and Maintenance Agreement ("Declaration") is made as of February 28 , 2018, by La Quinta Housing Authority, a public body, corporate and politic ("Declarant"). A. The Declarant is the fee owner of the real property located at 42-800 Washington Street, in the City of La Quinta, County of Riverside, State of California, which is described in Exhibit A attached hereto and incorporated herein by reference (the "Property"). The Property is comprised of two legal parcels ("Parcel 1" and "Parcel 2") upon which will be developed an affordable housing development (the "Project"). A site plan showing the planned configuration of the Property, the Project and Parcel 1 and Parcel 2 is attached hereto as Exhibit B and incorporated herein by reference (the "Site Plan"). B. As depicted on the Site Plan, a swimming pool will be constructed on Parcel 1 and a portion of the pool deck and pool fence will be located on Parcel 2. The pool deck and pool fence will be constructed, used and maintained by the owner of Parcel 1 and its tenants, agents, employees, contractors, licensees, guests and/or invitees (collectively, the "Permitted Users"), subject to the terms of this Declaration. C. In anticipation of the development of the Project, the Declarant is recording this Declaration against the Property to permit the construction, use and maintenance of the pool deck and pool fence located on Parcel 2 by the owner of Parcel land its Permitted Users. NOW, THEREFORE, the Declarant hereby grants, conveys and establishes the following easements, covenants and restrictions which shall run with the land and be binding upon and inure to the benefit of the Property and any portion thereof, its owner(s), and their respective successors and assigns. Definitions. The following defined terms are used in this Declaration: (a) Easement means any easement established by this Declaration. (b) Grantee means the Owner of the Parcel which is benefitted by an Easement granted hereunder. (c) Grantor means the Owner of the Parcel which is burdened by an Easement granted hereunder. (d) Owner means the fee or leasehold owner of the Property, any Parcel, or any portion of either, as applicable. (e) Parcel means Parcel 1 and/or Parcel 2, as applicable. (f) Pool Area Amenities means that portion of the swimming pool deck and pool fence now or hereafter to be located on Parcel 2. 2. Easements — General Conditions. (a) Each Easement established hereunder is (i) non-exclusive (except as expressly provided herein), (ii) perpetual and irrevocable by the Grantor; and (iii) for the benefit of the Grantee and its Permitted Users. (b) The Grantee shall use, and shall cause its Permitted Users to use, the Easements established hereunder in a reasonable manner, and shall not obstruct or otherwise use any Easement, or permit any of the Permitted Users to use any Easement, in a manner that would materially or substantially interfere with the use and operation of the Grantor's Parcel. (c) The establishment of an Easement shall bind and burden the Grantor's Parcel, which shall, for such Easement, be a servient tenement. The establishment of an Easement shall benefit the Grantee's Parcel, which shall, for such Easement, be a dominant tenement. 3. Easements for the Construction, Use and Maintenance of Pool Area Amenities. The Declarant hereby grants and conveys an Easement over Parcel 2 in the location described in Exhibit C and depicted on Exhibit D attached hereto, for the benefit of the Owner of Parcel 1 and its Permitted Users for the construction, use and maintenance of the Pool Area Amenities. 4. Maintenance. (a) The Owner of Parcel 1 shall be responsible for the cost and performance of any maintenance, replacement and/or repair of the Easement areas and Pool Area Amenities so as to keep such areas in good condition and repair and in compliance with all applicable governmental requirements. (b) The Owner of Parcel 1 shall bear the repair and maintenance costs related to any damage to any portion of the Easement areas or Pool Area Amenities but only to the extent such damage is not fully covered by insurance proceeds. This Section shall not be used to limit or relieve the liability of any Permitted User or other person who actually caused the damage. 5. Rules and Regulations. The Grantee agrees to comply with rules and regulations imposed by the Grantor, as deemed necessary or desirable by such Grantor from time to time, provided that such rules and regulations may not be inconsistent with the terms of this Declaration and must be applied to the Grantee and its Permitted Users in the same manner as applied to the Permitted Users of the Grantor. 6. Liability Insurance. Owner shall obtain and maintain a combined single limit policy of public liability insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence and Two Million .Dollars ($2,000,000) in the aggregate covering bodily injury, property damage and personal injury arising out of the use and maintenance of the Easement areas. If applicable, each Owner shall insure that its policy names the other Owner as an additional insured. Each policy shall be endorsed to state that it (i) is primary and that any insurance available to the additional insureds shall be excess and not contributory and (ii) shall not be canceled without thirty (30) days' written notice. 7. Indemnity. At any time the Parcels are owned by different Owners, each Owner shall hold harmless, indemnify and defend the other Owner and its respective partners, lenders, successors and assigns from and against any and all actual liabilities and claims, arising from or related to the indemnifying Owner's (or any Permitted User of such Owner) use of the Easement described in this Declaration, including, but not limited to, any damage to property (to the extent the damage is not covered by any casualty insurance) or injury to or death of any person (provided, however, that the Owner shall not be responsible to the extent any claims or liabilities arise from the negligence or misconduct of the other Owner). The indemnity shall cover the costs and expenses of the indemnified Owner, including reasonable attorneys' fees and costs related to any actions, suits or judgments incident to any of the matters covered by such indemnity. An Owner's indemnity obligations under this Section shall not be affected by any insurance carried by the other Owner. 8. No Public _Rights. This Declaration shall be considered a declaration of private Easements only, and shall not be construed to create any rights in the general public to use the Easements. 9. Assignment. This Declaration shall run with the land and inure to the benefit of and be binding upon the Owners and their respective successors, including, without limitation, all subsequent owners of any interest in Parcel 1, Parcel 2, or the Project. Otherwise the rights and obligations of either Owner may not be assigned without the prior written consent of the other Owner. 10. Term. This Declaration shall be perpetual in duration, unless terminated by a written agreement executed by all of the then current owners of Parcel 1 and Parcel 2, and recorded in the Official Records of Riverside County, California. 11. Amendments. This Declaration may be amended only by a written instrument which is executed by all of the then current Owners of Parcel 1 and Parcel 2, and recorded in the Official Records of Riverside County, California. 12. No Waiver. No waiver of any provision or breach of this Declaration shall constitute a waiver of any other provision or breach of this Declaration. 13. Interpretation. If any term or provision of this Declaration shall, to any extent, be invalid or unenforceable under applicable law, then the remaining terms and provisions of this Declaration shall not be affected. 14. Governing Law. This Declaration shall be construed and enforced in accordance with the laws of the State of California. 15. Notices. All notices required under the terms of this Declaration shall be sent to the Owners at the addresses set forth below (or such other address as may be provided by one Owner to the other Owner): La Quinta Housing Authority 78-495 Calle Tampico La Quinta, CA 92253 Attn: Executive Director All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, shall be deemed received upon (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if mailed, three (3) business days after the date of posting by the United States post office, and (iii) if delivered by overnight delivery, one (1) business day after mailing. 16. Third Party Beneficiary. At any time that the La Quinta Housing Authority (the "Authority") is no longer an Owner, the Authority shall be deemed to be a third party beneficiary of the terms hereof, with the right, but not the obligation, to enforce the terms hereof. [Signatures on Following Page] IN WITNESS WHEREOF, the Declarant has executed this Declaration as of the date first written above. ATTEST: Awhority Sec reta'ry V Monika Rodeva far Susan Maysels APPROVED AS TO FORM: RUTAN & TUCKER, LLP Authority Counsel William H. Ihrke DECLARANT: LA QUINTA HOUSING AUTHORITY, a public body, corporate and politic Signature Must be Notarized ve Director A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ss. County of Riverside ) On February 28, 2018 before me, Monika Radeva Notary Public, personally appeared Frank J. Spevacek who proved to me on the basis of satisfactory evidence to be the person( whose name is/Kwubscribed to the within instrument and acknowledged to me that he/AyedkW executed the same in his/kon� gx:boc authorized capacity(k*� and that by his/kmgm1 xsignature(x) on the instrument the person(5r), or the entity upon behalf of which the person(x) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MQNIKA RAOEVA Notary Public - Catlilornia Riverside County x Z Commission # 21.88979 a my Comm. E=s Oct 22, 2020 Place Notary seal above CONSENT TO EASEMENT The United States of America acting through the United States Department of Agriculture -Rural Development (formerly Farmers Home Administration) ("Lien Holder") is the current holder_ of the beneficial interest under a Deed of Trust dated November 18, 1980 and recorded November 21, 1980 as Document No. 218151, Official Records of Riverside County, California ("Lien"). Lien Holder hereby consents to the granting of the Easement to which this Consent is attached, to LA QUINTA HOUSING AUTHORITY, its successors and assigns and Lien Holder hereby agrees that in the event of a foreclosure of the Lien, the Easement shall survive such foreclosure and remain binding upon the subject real property and all subsequent owners thereof. Executed as of this 21 st day of.February, 2018. LIEN HOLDER THE UNITED STATES OF AMERICA acting throuph the UNITED STATES DEPARTMENT AGRICULTURE -RURAL DEVELOP NT By: Its: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.' STATE OF CALIFORNIA COUNTY OF QN&VIA6.0. On Few - before me, �c�tr�, Notary Public, personally appeared i LlAeCAZ who proved to me on the basis of satisfactory evidence to be the person(s4hose hame(s)0are subscribed to the within instrument and acknowledged to me that hea/they executed the same in hWOAheir authorized capacity(; and that by hisldMYtheir signature(. on the instrument the person(,$), or the entity upon behalf of which the person(s -acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ANGELA FERREIRA Commission # 2104060 Notary Public - California z Riverside County My Comm. Ex fres Apr 17, 2019 (Seal) ENG RW -008 (Rev. 1/19/15) EXHIBIT A Legal Description of Property PARCEL "A" BEING PARCEL 1 OF THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. COC 2008- 026, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED OCTOBER 31, 2008 AS INSTRUMENT NO. 2008-0582811 OF OFFICIAL RECORDS, LOCATED IN THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 5 SOUTH, RANGE 7 EAST OF THE SAN BERNARDINO BASE AND MERIDIAN ACCORDING TO THE OFFICIAL PLAT THEREOF. CONTAINING 4.51 ACRES OR 196,455 SQUARE FEET, MORE OR LESS. SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, EASEMENTS, OR EXCEPTIONS OF RECORD, IF ANY. PARCEL "B" BEING PARCEL 2 OF THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. COC 2008- 026, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED OCTOBER 31, 2008 AS INSTRUMENT NO. 2008-0582811 OF OFFICIAL RECORDS, LOCATED IN THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 5 SOUTH, RANGE 7 EAST OF THE SAN BERNARDINO BASE AND MERIDIAN ACCORDING TO THE OFFICIAL PLAT THEREOF. CONTAINING 6.83 ACRES OR 297,514 SQUARE FEET, MORE OR LESS, SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, EASEMENTS, OR EXCEPTIONS OF RECORD, IF ANY. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION IN COMPLIANCE WITH THE CALIFORNIA LAND SURVEYORS ACT. 6$7§� r1r,10 Na 9788 STEVEN A. HEISE — PLS 8788 DATE: 02-14-2018 Ev- v/MMre LICENSE EXPIRATION 12-31-2018 -1 of 1- Easement Area �o- Parcel 1 - Exhibit B Site Plan f Exterior Property Line for Project �I Common Interior Property Line Between Parcels EXHIBIT "C" LEGAL DESCRIPTION OF EASEMENT BEING A PORTION OF PARCEL 2 OF THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. COC 2008-026, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED OCTOBER 31, 2008 AS INSTRUMENT NO. 2008-0582811 OF OFFICIAL RECORDS, DESCRIBED AS: A PORTION OF PARCEL "A" OF LOT LINE ADJUSTMENT NO. 5167, RECORDED OCTOBER 15, 2007, AS INSTRUMENT NO. 2007-0636486, OF OFFICIAL RECORDS COUNTY OF RIVERSIDE, SAID PORTION CONVEYED AS PARCEL "B" TO THE LA QUINTA REDEVELOPMENT AGENCY, A PUBLIC BODY CORPORATE AND POLITIC, BY DEED RECORDED OCTOBER 15, 2007 AS INSTRUMENT NO. 2007-0636489 OF OFFICIAL RECORDS, OF SAID COUNTY OF RIVERSIDE. BEING IN THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 5 SOUTH, RANGE 7 EAST OF THE SAN BERNARDINO BASE AND MERIDIAN, MORE PRECISELY DESCRIBED AS: COMMENCING ATTHE NORTHWEST CORNER OF THE SOUTH HALF OF THE SOUTH HALF OF GOVERNMENT LOT 2 OF THE NORTHWEST QUARTER OF SAID SECTION 18, BEING A COPPERWELD WITH AN ILLEGIBLE STAMP AS NOTED ON RECORD OF SURVEY FILED IN THE OFFICE OF THE RIVERSIDE COUNTY RECORDER RS BOOK 133, PAGES 58-59, BEING A POINT ON THE CENTERLINE OF WASHINGTON STREET AND HIDDEN RIVER ROAD; THENCE ON SAID CENTERLINE OF HIDDEN RIVER ROAD NORTH 8934'27" EAST, A DISTANCE OF 475.29 FEET; THENCE LEAVING SAID CENTERLINE SOUTH 00°08'34" WEST, A DISTANCE OF 30.00 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL 1 OF SAID CERTIFICATE OF COMPLIANCE NO. COC 2008-26, ALSO BEING THE SOUTHERLY RIGHT OF WAY OF HIDDEN RIVER ROAD, AS DEDICATED BY SAID CERTIFICATE OF COMPLIANCE NO. COC 2008-26; THENCE ON THE EASTERLY LINE OF SAID PARCEL 1 SOUTH 00°08'34" WEST, A DISTANCE OF 370.32 FEET, TO A POINT ON THE NORTHERLY LINE OF THE AFOREMENTIONED PARCEL 2, ALSO BEING THE MOST EASTERLY SOUTH CORNER OF SAID PARCEL 1. THENCE ON SAID LINE OF SAID PARCELS 1 AND 2 SOUTH 89°34'27" WEST, A DISTANCE OF 47.88 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ON SAID LINE SOUTH 89°34'27" WEST, A DISTANCE OF 57.39 FEET TO THE MOST NORTHERLY WEST CORNER OF SAID PARCEL 2 THENCE ON THE EASTERLY LINE OF PARCEL 1 AND THE MOST NORTHERLY WEST LINE OF PARCEL 2 SOUTH 00°08'34" EAST, A DISTANCE OF 7.50 FEET; THENCE LEAVING SAID LINE SOUTH 89°55'36" EAST, A DISTANCE OF 57.39 FEET, THENCE NORTH 00°08'34" EAST, A DISTANCE OF 8.00 FEET TO THE TRUE POINT OF BEGINNING. Page 1 of 2 CONTAINING 0.010 ACRES OR 444.75 SQUARE FEET, MORE OR LES. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF, SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, EASEMENTS, OR EXCEPTIONS OF RECORD, IF ANY. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION IN COMPLIANCE WITH THE CALIFORNIA LAND SURVEYORS ACT. STEVEN A. HEISE — PLS 8788 DATE: 02-05-2018 LICENSE EXPIRATION 12-31-2018 Page 2 of 2 rr-L + , A. y Na 8788 B9. 12A/18 Gi EXHIBIT PIT SHEET 1 OF 2 DEPICTION OF EASEMENT HIDDEN RIVER ROAD t7i or LSI o' z 1 0 6 z 3 c� �I USE EASEMENT PER SHEET 2 2 1�- PARCEL 1 OF CIN OF LA QUINTA CERTIFICATE OF COMPLIANCE NO. 2008-026 PER DOCUMENT RECORDED OCTOBER 31, 2008 AS DOCUMENT NO. 2008-0582811, OFFICIAL RECORDS, RNERSIDE COUNTY CA. ©- PARCEL 2 OF CIN OF LA QUINTA CERTIFICATE OF COMPLIANCE NO. 2008-026 PER DOCUMENT RECORDED OCTOBER 31, 2008 AS DOCUMENT NO. 2008-0582811, OFFICIAL RECORDS, RIVERSIDE COUNTY CA. 0�p& LAka A. `' No. 8788 EV. 12/31 /16 ~~ - �7 �4 GRAPHIC SCALE 1'=200' �!c OF v, STEVEN -A. HEIE - PLS8788 1 400 EXHIBIT "T SHEET 2 OF 2 DEPICTION OF EASEMENT N89'34'27'E 475.29' 5'36"E 57.39' HIDDEN RIVER ROAD) 30' SOO`O8'34"W 30.00' — — POINT OF COMMENCEMENT N COPPERWELD MONUMENT WITH ILLEGIBLE STAMP PER RS 133/58-59. NW COR OF S. 1/2 OF S. 1/2 OF GOVT. LOT 2 OF NW 1/4 OF SEC. 18, 15S., R.7E., SBM. f� `u F M W O M W co Z N z 1 _ m U) � N M Cf TRUE POINT OF m BEGINNING c' L1 J I AREA = 444.75 S.F. / 0.010 AC. 2 j LINE TABLE 1 f # BEARING LENGTH I L1 S89'34'27"W 57.39' L2 S00'08'34"W 7.50' L3 S89'5 GRAPHIC SCALE: 1'=80' 0 40 80 160 5'36"E 57.39' L4 N00'08'34"E 8.00'