HomeMy WebLinkAboutA9046 - DREAM HAUS (APN 507-195-030) STREET IMPROVE AND UTILITY UNDERGROUNDINGFREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY OF PALM SPRINGS
PO 80X2743
Palm Springs, CA 92263-2743
Attn: City Clerk
2022-0103833
03/02/2022 04:25 PPl Fee; $ 0.00
Page 1 of 12
Recorded in Official Records
County of Riverside
Peter Aldana „ .
Assessor~County Clerk—Recorder
y
Filing Fee Exempt Per Government Code 6103 (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
INSTALL STREET IMPROVEMENTS UPON NOTICE ("Declaration") is entered into this
'7-M day of 2022, by and between Dream Haus, LLC, a Nevada
Limited Liability Company ("Declarants"), whose address is 453 N Alfred St, Los
Angeles, CA 90048 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.
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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 511 N Via
Miraleste, Palm Springs, California 92262, more particularly described on Exhibit "A"
attached hereto and incorporated herein by reference (APN 507-195-030)
("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 Alejo Road and Via Miraleste ("Public Parcel").
B. Declarants desire to obtain building permit(s) and other City approvals to
construct an addition to a single-family residence 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
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or other improvements on the Property or the Public Parcel, which street improvements
are more particularly described 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, (1) 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.
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bodies and agencies having jurisdiction, at Declarants' sole cost and expense.
1.4 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 seq. 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 owriers 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,
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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
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
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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 Severabiiity. 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
enforcernent 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.
Dream Haus, LLC, a Nevada
Limited Liability Company
uren Koeppe, Manager
By: —
Noelle Koepp^Manager
"Declarants"
(DECLARANTS' SIGNATURES MUST BE NOTARIZED)
ATTEST:
Anthony J. Meji
City of Palm Splrings / City Clerk
APPROVED AS TO FORM:
Bv:
Jeff Ballinge
City of Palm Springs / City Attorney
CITY OF PALM SPRINGS,
a municipal corporation
By:
Justin Ciiflon, ICMA-CM
City of Palm Springs / City Manager
"City"
RECOMMENDED BY;
Bv: .
JoerMontalvo
City of Palm Springs / City Engineer
APPROVED) AS TO OWN
LEGAL DfesCRiPTION:
SHIP&
By:
Rick Minj^res
City of Palm Springs / Engi ring Associate
NOTARY FORMS ON NEXT PAGE
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^^H-ZOZ^before me, Mellissa Fisher Notary Public
7 (insert name and title of the officer)
personally appeared LajuorfT>> Kne-ppg. a}r\A M Dg-We-VLQ<g.pp
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
1 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.
Signa
MELLISSA FISHER 1
COMM. #2263965 I
Notary Public - California §
Riverside County |
My Comm. Expires Nov. 20, 20221
TiiitiiiiiiiiiiiiiiiiiiiiiiitmiiiminiiiiiiiiiiiiicitiiriiiiiiKimiiiiiiir.
(Seal)
ACKNOWLEDGMENT OF INSTRUMENT
(Gal. Civil Code Section 1181)
State of California )
County of Riverside ) ss.
City of Palm Springs )
On . 20 ^ before me, BRENT RASI,
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
day of 2Q^Z-
Signature:
Brent Rasi,
Deputy City Clerk
City of Palm Springs, California
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
PARCEL B AS SHOWN ON LOT LINE ADJUSTMENT NO. 18-01, AS EVIDENCED BY
DOCUMENT RECORDED DECEMBER 05, 2018 AS INSTRUMENT NO. 18-473834 OF
OFFICIAL RECORDS. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF LOTS 12 AND 13 OF BLOCK J OF PALM SPRINGS ESTATES
IN SECTION 11, TOWNSHIP 4 SOUTH. RANGE 4 EAST, AS SHOWN IN MAP BOOK 15.
PAGE 43, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 13;
THENCE NORTH 89° 59' 00" WEST, ALONG THE SOUTH LINE OF SAID LOT 13, A
DISTANCE OF 131.80 FEET;
THENCE NORTH 00° 01* 00" EAST, ALONG THE WEST LINE OF SAID LOT 13, A
DISTANCE OF 85.92 FEET;
THENCE NORTH 85° 33' 16" EAST, A DISTANCE OF 132.15 FEET TO A POINT ON THE
EAST LINE OF SAID LOT 12. ALSO BEING THE WESTERLY RIGHT OF WAY OF VIA
MIRALESTE;
THENCE SOUTH 00° 01' 00" EAST. ALONG SAID WESTERLY RIGHT OF WAY A
DISTANCE OF 96.20 FEET TO THE POINT OF BEGINNING;
CONTAINING 11,999 SO. FT./0.28 ACRES MORE OR LESS.
EXHIBIT "B"
DESCRIPTION OF DEFERRED ITEMS
ENG1. The Engineering Services Department recommends deferral of off-site
improvement items (identified as "DeferrecT) 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 bv the applicant prior to
issuance of anv oradino or building permits.
VIA MIRALESTE
ENG 2. Construct a future 6-inch curb and gutter, 20 feet west of centerline along
the entire frontage, with a 25 feet radius curb return and spandrel at the
northwest comer of the intersection of Via Miraleste and Alejo Road in
accordance with City of Palm Springs Standard Drawing No. 200 and 206.
Deferred,
ENG 3. Construct the west half of a future 6 feet wide cross gutter and spandrel at
the northwest corner of the intersection of Via Miraleste and Alejo Road in
accordance with City of Palm Springs Standard Drawing No. 200 and 206.
Deferred.
ENG 4. Construct a future driveway approach in accordance with City of Palm
Springs Standard Drawing No. 201. Deferred.
ENG 5. Construct a future 5 feet wide sidewalk behind the proposed curb along the
entire frontage in accordance with City of Palm Springs Standard Drawing
No. 210. Deferred.
ENG 6. Construct a future Type-B curb ramp meeting current California State
Accessibility standards at the northwest corner of the intersection of Via
Miraleste and Alejo Road in accordance with City of Palm Springs Standard
Drawing No. 213. Deferred.
ENG 7. Construct pavement with a minimum pavement section of 3 inches asphalt
concrete pavement over 6 inches crushed miscellaneous base with a
minimum subgrade of 24 inches at 95% relative compaction, or equal, from
edge of proposed gutter to clean sawcut edge of pavement along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 110
and 315. (Additional pavement removal and replacement may be required
upon review of existing pavement cross-sections, and to ensure grade
breaks of the pavement cross-section do not occur within a travel lane.) if an
alternative pavement section is proposed, the proposed pavement section
shall be designed by a California registered Geotechnicai Engineer using "R"
values from the project site and submitted to the City Engineer for approval.
Deferred,
ALEJO ROAD
ENG 8. Construct a future 6-inch curb and gutter along the entire frontage, in
accordance with City of Palm Springs Standard Drawing No. 200. Deferred.
ENG 9. Construct pavement with a minimum pavement section of 3 inches asphalt
concrete pavement over 6 inches crushed miscellaneous base with a
minimum subgrade of 24 inches at 95% relative compaction, or equal, from
edge of proposed gutter to clean sawcut edge of pavement along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 110
and 315. (Additional pavement removal and replacement may be required
upon review of existing pavement cross-sections, and to ensure grade
breaks of the pavement cross-section do not occur within a travel lane.) If an
alternative pavement section is proposed, the proposed pavement section
shall be designed by a California registered Geotechnicai Engineer using "R"
values from the project site and submitted to the City Engineer for approval.
Deferred.
10
'ORAlt®
CITY OF PALM SPRINGS
OFFICE OF THE CITY CLERK
3200 E. Tahquitz Canyon Way
Palm Springs, OA 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 Califomia, as described:
Land described in Exhibit "A"
511 N VIA MIRALESTE (APN 507-195-030)
Dated: January 24, 2022
From,
DREAM HAUS, LLC
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 day of March, 2022, 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, Califomia, this day of March, 2022.
BRENT RASI,
DEPUTY CITY CLERK
/
FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO;
CITY OF PALM SPRINGS
PO Box 2743
Palm Springs, CA 92263-2743
Attn: City Clerk
2022-0103834
03/02/2022 04:25 PH Fee: $ 0.00
Page 1 of 9
Recorded in Official Records
County of Riverside
Peter Pldana
flssessor-County Clerk-Recorder
I
Filing Fee Exempt Per Government Code 6103
^977
(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 UTILITY UNDERGROUNDING UPON NOTICE
("Declaration") is entered into this "2. *4 day of JQOMZLI . 2022, by and
between Dream Haus, 'LLC, a Nevada Limited Liability Company ("Declarants"),
whose address is 453 N Alfred St, Los Angeles, CA 90048, 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 511 N Via
Miraleste, Palm Springs, California 92262, more particularly described on Exhibit "A"
attached hereto and incorporated herein by reference (APN 507-195-030) ("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 southern property line ("Public
Parcel").
B. Declarants desire to obtain building permit(s) and other City approvals to
construct an addition to 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
io 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 proc^ure 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 ^ 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 ail 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 Severabiiity. 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
•'i.'' '
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.
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.
Dream Haus, LLC. a Nevada
Limited Liability Company
auren Koeppe, Manager
Noeile K^p^, Mariager ^
"Declarants"
(DECLARANTS' SIGNATURES MUST BE NOTARIZED)
ATTEST:
JJ.
y of Palm City Clerk
CITY OF PALM SPRINGS,
a municipal corporation
JustirvCiifton, iCyrA-CM
City of Palm Springs / City Manager
APPROVED AS TO FORM:
"City"
RECOMMENDED BY:
By:
Jeff Ballinger
City of Palm Springs / City Attorney
)ei Montaivo
'City of Paim Springs / City Engineer
APPROVED AS TO OWNERSHIP &
LEGAL D&CRIPTION:
By:_
Rick Minj^res
City of Pa m Springs / Engin
Associate
NOTARY FORMS ON NEXT PAGE
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 ^^y2x:>2^before me,
personally appeared >pp
Mellissa Fisher Notary Public
(insert name and title of the officer)
p nr\f\
ry evidence to be the person(s)'Whosewho proved to me on the basis of satisfactory evidence to be the person(s)\vhose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capaclty(les), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of whjch the person(s) 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.
Signatun
= MELLISSA FISHER 1
COMM. #2263965 |
Notary Public - California §
Riverside County =
jJjx'My Comm.. Expires Nov. 20 2022 i
tliiitiiiiimiitiititnimmmimmtiitiimimiiiitiiriimiiiiiitittitil;nitiiitiiiit
(Seal)
ACKNOWLEDGMENT OF INSTRUMENT
(Gal. Civil Code Section 1181)
State of California )
County of Riverside ) ss.
City of Palm Springs )
On J^chrxxafy , 20_^ before me, BRENT RASl,
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 tme and correct.
Witness my hand and the official seal of the City of Palm Springs, California, this
day of _ 20^?-
Signature:
Brent Rasi,
Deputy City Clerk
City of Palm Springs, California
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
PARCEL B AS SHOWN ON LOT LINE ADJUSTMENT NO. 18-01. AS EVIDENCED BY
DOCUMENT RECORDED DECEMBER 05. 2018 AS INSTRUMENT NO. 18-473834 OF
OFFICIAL RECORDS. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
ALL THAT PORTION OF LOTS 12 AND 13 OF BLOCK J OF PALM SPRINGS
ESTATES IN SECTION 11, TOWNSHIP 4 SOUTH. RANGE 4 EAST. AS SHOWN IN
MAP BOOK 15, PAGE 43, RECORDS OF RIVERSIDE COUNTY, STATE OF
CALIFORNIA. DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 13;
THENCE NORTH 89° 59' 00" WEST, ALONG THE SOUTH LINE OF SAID LOT 13. A
DISTANCE OF 131.80 FEET;
THENCE NORTH 00° 01' 00" EAST. ALONG THE WEST LINE OF SAID LOT 13. A
DISTANCE OF 85.92 FEET;
THENCE NORTH 85° 33' 16" EAST, A DISTANCE OF 132.15 FEET TO A POINT ON
THE EAST LINE OF SAID LOT 12. ALSO BEING THE WESTERLY RIGHT OF WAY OF
VIA MIRALESTE;
I
THENCE SOUTH 00° 01' 00" EAST, ALONG SAID WESTERLY RIGHT OF WAY A
DISTANCE OF 96.20 FEET TO THE POINT OF BEGINNING;
CONTAINING 11,999 SO. FT./ 0.28 ACRES MORE OR LESS.
U f .ysinJIrXkIr 11/>
'ObaT«0
C/rr 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"
511 N VIA MIRALESTE (APN 507-195-030)
Dated: January 24, 2022
From,
DREAM HAUS, LLC
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 day of March 2022, 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 ojBScer.
Dated at Palm Springs, California, this day of March 2022.
BRENT RASI,
DEPUTY CITY CLERK