HomeMy WebLinkAboutA8985 - E-NOVA BUILDERS IncFREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY OF PALM SPRINGS
PO Box 2743
Palm Springs, CA 92263-2743
Attn: City Clerk
2021-0712422
12/02/2021 11:07 AM Fee: $ 0.00
Page 1 of 8
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
11119FAInh�Mld'AYE�IIII
#221
Filing Fee Exempt Per Government Code 6103 (For Recorder's Use Only)
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO
PARTICIPATE IN DISTRICT FOR UTILITY UNDERGROUNDING UPON NOTICE
(SINGLE-FAMILY RESIDENTIAL)
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO
PARTICIPATE IN DISTRICT FOR UTITY UNDERGROUNDING UPON NOTICE
("Declaration") is entered into this day of _Wobj�e , 2021, by and
between E-Nova Builders, Inc., a California Corporation ("Declarants"), whose
address is 31855 Date Palm Drive, Suite 3-414, Cathedral City, CA 92234, 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 2100
Sahara Road, Palm Springs, California 92262, more particularly described on Exhibit
"A" attached hereto and incorporated herein by reference (APN 501-325-001)
("Property"). 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 the public utility easement along the northern property
line ("Public Parcel").
B. Declarants desire to obtain building permit(s) and other City approvals to
construct a single-family residence upon the Property ("City Approval"). Section
8.04.402 of the Municipal Code of the City requires, as a condition precedent to the
approval of the City Approval, that Declarants underground the utilities abutting or
transecting the Property ("Improvements"). Declarants desire to defer the construction
of the Improvements and, pursuant to Section 8.04.402 of the Municipal Code of the
City, 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 Right of City to Establish District 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 right 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 seg. or any other procedure
for the establishment of a District and/or the implementation of an assessment.
2.0 Enforcement. 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 said violation or threatened
violation.
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
"set forth herein", 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, and equitable servitudes "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, its 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 "set forth herein" 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.
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
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 of 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 attorneys' 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.
E-Nova Builders, Inc.
Sfor r
Aoa
eo o, President
� � 1
By.
Osw Vega, $�
Vice P esident / Secretary
(DECLARANTS' SIGNATURES MUST BE NOTARIZED)
ATTEST:
tFdny J. Mel
Ci y of Palm Sp 'ngs / City Clerk
APPROVED AS TO FORM:
By: (�f ) --w
Jeff allinger
City of Palm Springs / City Attorney
"Declarants"
CITY OF PALM SPRINGS,
a municipal corporation
By:-- 6#L, - A 9175
Justi Clifton, I A -CM
City of Palm Springs / City Manager
"City"
RECOMMENDED BY:
By:
el Montalvo
6ity of Palm Springs / City Engineer
APPROVED AS TO OWNERSHIP &
LEGAVIESCRIPTION:
By'joMfalm
Ricres
City Springs
Ass /
NOTARY FORMS ON NEXT PAGE
ineering
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
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
Riverside
On October 1 st, 2021 before me, Jesse Mason, Notary Public ,
(Here insert name and title of the officer)
personally appeared Sergio Franco & Oswaldo Vega
who proved to me on the basis of satisfactory evidence to be the person(Dwhose
name s) isr subscribed to the within instrument and acknowledged to me that
he/sheexecuted the same in his/he elr uthorized capacity(@D and that by
his/her el signature(D on the instrument the person , or the entity upon behalf of
which the person Bacted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing para
S my ha
Signature
ADDITIONAL OPTIONAL I
DESCRIPTION OF THE AT7�*C
(Title or description of attached cument)
(Title or description of atto6hed document continued)
seal. � Jesse Mason
COMM. #2269295 x
_ NOTARY PUBLIC • CALIFORNIA
RIVERSIDE COUNTY
My Comm Expires December 2, 2022
ary Public Seal)
IRMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
=NT if needed, should be completed and attached to the document. Acknolwedgents from
other states may be completed for documents being sent to that state so long as the
wording does not require the California notary to violate California notary law.
of Pages _ Document Date 10101 /2021
CAPACITY CLAtMED BY THE SIGNER
Z Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
2015 Ve—s.on 800-873-98C.5
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signers) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he -she t*e}� is 'are ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document with a staple.
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
LOT 77 OF DESERT PARK ESTATES NO. 2, IN THE CITY OF PALM SPRINGS,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE
IN BOOK 28, PAGE 99 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
F PpAM SA
o
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
PARTICIPATE IN DISTRICT FOR UTILITY UNDERGROUNDING 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"
2100 Sahara Road (APN 501-325-001)
Dated: October 1, 2021
From,
E-Nova Builders, Inc.
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 2"d 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 2"d day of December, 2021.