HomeMy WebLinkAboutA9015 - MAYA REBECCA KAYEv
FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY OF PALM SPRINGS
PO Box 2743
Palm Springs, CA 92263-2743
Attn: City Clerk
Filing Fee Exempt Per Government Code 6103
2021-0754563
12/23/2021 11:31 AM Fee: $ 0.00
Page 1 of 11
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
1111 W1 1Alkh"Ifl 4 96171111
(For Recorder's Use Only)
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO INSTALL
STREET IMPROVEMENTS UPON NOTICE (SINGLE-FAMILY RESIDENCE)
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO
INTALL STREET IMPROVEMENTS UPON NOTICE ("Declaration") is entered into this
day of N oVe M6Ce' , 2021, by and between Maya Rebecca Kaye
("Declarants"), whose address is 3540 E Sunny Dunes Road and the CITY OF PALM
SPRINGS, a municipal corporation ("City"), whose address is PO Box 2743, 3200 E.
Tahquitz Canyon Way, Palm Springs, CA 92263, Attn: City Clerk.
RECITALS:
A. Declarants are the owners of that certain real property located in the City
of Palm Springs, County of Riverside, State of California, commonly known as 3540 E
Sunny Dunes Road, Palm Springs, California 92264, more particularly described on
Exhibit "A" attached hereto and incorporated herein by reference (APN 680-054-006)
("Property").The City has fee or easement interests in various streets, sidewalks and
other property within the City and is responsible for the planning and development of
land within the City in such a manner as to provide for the health, safety and welfare of
the residents of the City. That portion of the City's interest in real property most directly
affected by this Agreement is Sunny Dunes Road and Desert Way ("Public Parcel").
B. Declarants desire to obtain building permit(s) and other City approvals to
construct an addition upon the Property ("City Approval"). Section 93.09.00 E of the City
Zoning Ordinance requires as a condition precedent to the approval of the City Approval,
that Declarants construct certain street, traffic signal or other improvements on the
Property or the Public Parcel, which street improvements are more particularly described
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on Exhibit "B" attached hereto and incorporated herein by reference ("Improvements").
Declarants desire to defer the construction of the Improvements and, pursuant to
Section 93.09.00 E of the City Zoning Ordinance, the Director, Department of Public
Works/City Engineer has determined that the construction of the Improvements can be
deferred on the terms more particularly set forth herein.
NOW THEREFORE, the Declarants declare, covenant and agree, by and for
themselves, their heirs, executors and assigns, and all persons claiming under or
through it that the Property shall be held, transferred, encumbered, used, sold,
conveyed, leased and occupied subject to the covenants and restrictions hereinafter set
forth, which covenants are established expressly and exclusively for the use and benefit
of the City and the Public Parcel.
1.0 Covenants, Conditions and Restrictions.
1.1 Construction of Improvements. At any time after this Declaration
is executed by Declarants and if one of the following conditions has occurred: (i) over 50
percent of the lineal right-of-way on that side of the street and in that block (herein
referred to as the "50 % Qualifier Standard") has been constructed to the ultimate
location, or (ii) the City has obtained covenants from the property owners meeting the 50
% Qualifier Standard, or, (iii) the City is prepared to proceed with a public improvement
project which will cause construction of the improvements meeting the 50 % Qualifier
Standard, then City shall notify Declarants in writing that Declarants must commence
construction of the Improvements ("Notice"). Within ninety (90) days from the date of
the Notice, Declarants shall, at its sole cost and expense, (i) apply for and receive
approval of all necessary permits and approvals required by the City to construct the
Improvements and (ii) commence construction of the Improvements. The construction
of the Improvements shall be in accordance with all laws, ordinances and regulations of
the City and any other governmental entity with jurisdiction in effect at the time
construction is commenced. Declarants shall complete the construction of the
Improvements no later than one hundred twenty (120) days of the date of the Notice.
1.2 Dedication of Improvements. Upon the completion of the
construction of the Improvements and final inspection by the City, Declarants shall
irrevocably offer to dedicate the Improvements to the City.
1.3 Maintenance of Improvements. Until the dedication of the
Improvements is accepted by the City, Declarants shall maintain and repair or cause to
be maintained and repaired the Improvements in a first class condition and repair, free
of rubbish, debris and other hazards to persons using the same, and in accordance with
all applicable laws, rules, ordinances and regulations of all federal, state, and local
bodies and agencies having jurisdiction, at Declarants' sole cost and expense.
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1 A Right of City to Construct Improvements. The City may, at its
sole discretion, elect to construct the Improvements, either alone or as part of a larger
project, through the establishment of an improvement district, assessment district,
benefit area, or any other lawful plan or procedure for the construction and financing of
public improvements ("District"). If the City elects to establish a District, Declarants
hereby agree to join the District and pay its proportionate share of the cost of
constructing the Improvements. Further, Declarants hereby waive their rights to protest
the formation of the District or the imposition of an assessment under the Special
Assessment Investigation, Limitation and Majority Protest Act of 1931, California Streets
and Highways Code Sections 2800 et sec.. or any other procedure for the establishment
of a District and/or the implementation of an assessment.
2.0 Enforcement.
2.1 Rights of City. In the event of any violation or threatened violation
of any of the provisions of this Agreement, then in addition to, but not in lieu of, any of
the rights or remedies the City may have to enforce the provisions hereof, the City shall
have the right (i) to enforce the provisions hereof as a party hereto and as an owner of
the Public Parcel, (ii) to withhold or revoke, after giving written notice of said violation,
any building permits, occupancy permits, certificates of occupancy, business licenses
and similar matters or approvals pertaining to the Property or any part thereof or
interests therein as to the violating person or one threatening violation and (iii) to obtain
from a court of competent jurisdiction an injunction against such violation or threatened
violation.
2.2 Failure to Perform: Lien. If any owner of the Property defaults on
the performance of any of their obligations hereunder, the City, its employees,
contractors and agents may, at their sole option, and after making reasonable demand
of the owners of the Property that it cure said default, cure the default. In making a cure,
the City shall give the owners of the Property or their representative, reasonable notice
of the time and manner of said action and said action shall only be at such times and in
such manners as reasonably necessary to carry out this Agreement. In such event, the
owners of the Property shall reimburse the City for all costs and expenses related to the
curing of said default plus interest at a rate of ten percent (10%) per annum commencing
on the date that is thirty (30) days after the date notice thereof is given and ending on
the date said sum is fully repaid. Any and all delinquent amounts, together with said
interest, costs and reasonable attorneys fees shall be a personal obligation of the
owners of the Property as well as a lien and charge, with power of sale, upon the
Property. The City may bring an action at law against the owners of the Property to pay
any such sums. The lien provided for in this Section may be recorded by the City as a
Notice of Lien against the Property in the Office of the Riverside County Recorder,
signed and acknowledged, which Notice of Lien shall contain a statement of the unpaid
amount of costs and expenses. Such lien may be enforced and foreclosed in a suit or
3
action brought in any court of competent jurisdiction or in accordance with the provisions
of Section 2924 of the California Civil Code applicable to the exercise of powers of sale
for mortgages and deeds of trust, or in any other manner permitted by California law.
Upon the timely curing of any default for which such lien was recorded, the City shall
record an appropriate release of such lien, upon payment by the owner of the Property
of a reasonable fee to cover the costs of preparing and recording such release, together
with the payment of such other costs, including, without limitation, reasonable attorneys
fees, court costs, interest or other fees which have been incurred.
3.0 Covenants to Run With the Land.
3.1 Covenants Running With the Land. This Declaration is designed
to create equitable servitudes and covenants appurtenant to the Public Parcel and
running with the Property. Declarants hereby declare that all of the Property shall be
held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved
subject to the covenants, conditions, restrictions and equitable servitudes, all of which
are for the purposes of uniformly enhancing or protecting the value, attractiveness and
desirability of the Property and the Public Parcel. The covenants, conditions,
restrictions, reservations, equitable servitudes, liens and charges set forth herein shall
run with the Property and shall be binding upon all persons having any right, title or
interest in the Property, or any part thereof, their heirs, successive owners and assigns;
shall inure to the benefit of every portion of the Public Parcel and any interest therein;
shall inure to the benefit of the City and its successors and assigns and successors in
interest; shall be binding upon the Declarants, their successors and assigns and
successors in interest; and may be enforced by the City.
3.2 Agreement Among Declarants, and City. In exchange for
granting of the City Approval by the City, the Declarants hereby agree to hold, sell and
convey the Property subject to the covenants, conditions, restrictions and reservations of
this Declaration. Declarants also grant to the City the right and power to enforce the
covenants, conditions, restrictions and reservations contained in this Declaration against
the Declarants and all persons having any right, title or interest in the Property, or any
part thereof, their heirs, successive owners and assigns.
4.0 Miscellaneous.
4.1 Term. The covenants, conditions and restrictions contained in this
Declaration shall remain in effect until the Improvements are constructed and accepted
by the City.
4.2 Modification. This Declaration may not be modified, terminated or
rescinded, in whole or in part, except by a written instrument duly executed and
acknowledged by the parties hereto, their successors or assigns and duly recorded in
4
the Office of the County Recorder, County of Riverside.
4.3 Governing Law. This Declaration shall be governed by and
construed in accordance with the laws of the State of California.
4.4 Severability. The invalidity or inability to enforce any provision of
this Declaration with respect to a particular party or set of circumstances shall not in any
way affect the validity and enforceability of any other provision hereof, or the same
provision when implied to another party or to a different set of circumstances.
4.5 Notices. Any notice to be given under this Declaration shall be
given by personal delivery or by depositing the same in the United States Mail, certified
or registered, postage prepaid, to the address set forth on the first page of this
Declaration. Any notice delivered personally shall be effective upon delivery. Any notice
given by mail as above provided shall be effective forty-eight (48) hours after deposit in
the mails. Any party may change address for notice by giving written notice of such
change to the other party.
4.6 Attorneys' Fees. In any action between the parties seeking
enforcement of any of the terms and provisions of this Declaration, the prevailing party in
such action shall be awarded, in addition to any damages, injunctive or other relief, its
reasonable costs and expenses, including attorney's fees.
4.7 Counterparts. This Declaration may be executed in any number of
counterparts each of which shall be an original but all of which shall constitute one and
the same document.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first
written above.
SM LOOSE
Ma fflAGED
-
(DEC LARANTS' SIGNATURES MUST BE NOTARIZED)
ATTEST:
By: U�kR. MoKiaus tirm,6
Anthony J. Mejia, MMC
City of Palm Springs / City Clerk
APPROVED AS TO FORM:
By.
Jeff B Ilin er
City of Palm Springs / City Attorney
CITY OF PALM SPRINGS,
a municipal corporation
By: _ aA/z r_
tr Justin Clifton, ICMA-CM 10 IS
City of Palm Springs / City Manager
°City"
RECOMMENDED BY:
By:
Joe Montalvo
City of Palm Springs / City Engineer
APPROVED AS TO OWNERSHIP &
LEGAL DESCRIPTION.
By:
Rick Mi dares
City of alm Springs / E
NOTARY FORMS ON NEXT PAGE
ring Associate
ACKNOWLEDGMENT OF INSTRUMENT
(Cal. Civil Code Section 1181)
State of California )
County of Riverside ) SS.
City of Palm Springs )
On Vt C e m ber- 1 , 20g, before me, MONIQUE M. LOMELI, CMC,
CHIEF DEPUTY CITY CLERK, CITY OF PALM SPRINGS, CALIFORNIA, personally
appeared JUSTIN CLIFTON, who I personally know is the CITY MANAGER of the
CITY OF PALM SPRINGS whose name is subscribed to the within instrument and acknowledged
to me that he executed the same in his official and authorized capacity on behalf of the
City of Palm Springs, a California Charter City.
I 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 the official seal of the City of Palm Springs, California, this
OP day of 2CLYYIbj , 202
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Signature: c441Fo%P
Monique M. LJ6eli, CMC
Chief Deputy City Clerk
City of Palm Springs, California
10
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
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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 &ad.0' . )
On / before me,
n t/(Here insen nNne anaptie oT t e icer
personally appeared ,
who proved to me on the ba Is of satisfactory evide ce to be the person(K whose
nameW is/aIP6 subscribed to the within instrument and acknowledged to me that
hgrlshe/th)i executed the same in W/her/tl eir authorized capacity, and that by
hiper/ther signatureW on the instrument the personal, or the entity upon behalf of
which the person(p�acted, executed the instrument.
I 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. � JUDRNVAZ( 1EZED
COMM..2295530 7
U NOTARY VADA MWY
m Term Exp. June 29, 2023
Notary Public Sig ature otary Public Seal)
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DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
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(Title)
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❑ Other
2015 Versior. v,nraw.hlotaryClasses. com 800-873-9865
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1:*:/:11:1kdv_'vA
LEGAL DESCRIPTION OF PROPERTY
LOT 12 IN BLOCK D OF DESERT TRACT IN THE CITY OF PALM SPRINGS, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 20
PAGE(S) 63 AND 64 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
RIVERSIDE COUNTY.
EXHIBIT "B"
DESCRIPTION OF DEFERRED ITEMS
ENG 1. The Engineering Services Department recommends deferral of off -site
improvement items (identified as "DeferredP') at this time due to lack of full
improvements in the immediate area. The owner shall execute a street
improvement covenant agreeing to construct all required street
improvements upon the request of the City of Palm Springs City Engineer at
such time as deemed necessary. The covenant shall be executed and
notarized by the property owner(s) prior to approval of the Grading Plan or
issuance of grading or building permits. A current title report; or a copy of a
current tax bill and a copy of a vesting grant deed shall be provided to verify
current property ownership. A covenant preparation fee in effect at the time
that the covenant is submitted shall be paid by the applicant prior to
issuance of any grading or building permits.
SUNNY DUNES ROAD
ENG 2. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210. Deferred.
ENG 3. Remove and replace the existing curb ramp at the northeastern corner of
Sunny Dunes Road and Desert Way, upon review and a determination by
the City Engineer that the existing curb ramp does not meet current ADA
standards. Construct a Type B curb ramp meeting current California State
Accessibility standards in accordance with City of Palm Springs Standard
Drawing No. 213. Deferred.
DESERT WAY
ENG 4. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210. Deferred.
E
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FORN�
CITY OF PALM SPRINGS
OFFICE OF THE CITY CLERK
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
(760) 323-8204
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO
INSTALL STREET IMPROVEMENTS UPON NOTICE
(SINGLE-FAMILY RESIDENCE)
Real property in the City of Palm Springs, County of Riverside, State of California, as described:
Land described in Exhibit "A"
3540 E SUNNY DUNES ROAD (APN 680-054-006)
Dated: November 19, 2021
From,
MAYA REBECCA KAYE
Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby
accepted by the City Clerk of said City of Palm Springs, on this 15ffi day of December, 2021,
pursuant to authority granted by the City Council of said City, by Resolution No. 20255 made on
the 16th day of January, 2002, and the Grantee consents to recordation thereof by the City Clerk, its
duly authorized officer.
Dated at Palm Springs, California, this 15'' day of December, 2021.
^9z;
MONIQ M LOMELI, CMC
CHIEF DEPUTY CITY CLERK