HomeMy WebLinkAboutA9047 - KRISTOFER KEITH (APN 504-223-001) STREET IMPROVEMENT AND UTILITY UNDERGROUNDINGJ
FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY OF PALM SPRINGS
PO Box 2743
Palm Springs, CA 92263-2743
Attn: City Clerk
2022-0103832
03/02/2022 04:25 PM Fee: $ 0.00
Page 1 of 9
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
11119", FKFAK�VVIR'1111 III
8S-7
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 UTILITY UNDERGROUNDING UPON NOTICE
("Declaration") is entered into this l 1 th day of[E,vnbvr , 2021, by and
between Kristofer Keith ("Declarants"), whose address is 7660 Beverly Blvd #407,
Los Angeles, CA 90036, 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 2315
Junipero Avenue, Palm Springs, California 92262, more particularly described on
Exhibit "A" attached hereto and incorporated herein by reference (APN 504-223-001)
("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 western 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 sec. 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.
By:
Knstofer Keith
"Declarants"
(DECLARANTS' SIGNATURES MUST BE NOTARIZED)
ATTES
By: w
Anthony J. Mejia,
City of Palm Spri s / City Clerk
APPROVED AS TO FORM:
By: LD
Jeff Balli gei
City of Palm Springs / City Attorney
CITY OF PALM SPRINGS,
a municipal corporation
Justin Clifton, ICMA-CM
City of Palm Springs / City Manager
"City"
RECOMMENDED BY:
By: . i� w
Joel Montalvo
City of Palm Springs / City Engineer
AS TO OWNERSHIP &
Rick Min' res
City of P rim Springs / n neering Associate
NOTARY FORMS ON NEXT PAGE
CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT
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 Los Angeles
On December 17, 2021, before me, Daniel Parseghian, Notary Public personally appeared
Kristofer Keith who proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity, and that by his signature on the instrument
the person or entity upon behalf of which the person 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.
an'el Parseghian
Description of Attached Document
DANIEL PARSEGHIAN
Notary Public -California
- Los Angeles County
° Commission!! 2312627
��°•�'� My Comm. Expires Nov 18, 2023
.Title or Type of Document: Declaration of Covenants... (Single Family Residential)
Capacity of Signer: Self
Docuritent Date Det6hbOt 17, 2021
ACKNOWLEDGMENT OF INSTRUMENT
(Cal. Civil Code Section 1181)
State of California )
County of Riverside ) SS.
City of Palm Springs )
On
e. U
r a
202 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 F.,bru4r 20??
-11
t
u
Signature:,
Brent Rasi,
Deputy City Clerk
City of Palm Springs, California
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
LOT 56 OF PALM SPRINGS VILLAGE TRACT #1, IN THE CITY OF PALM SPRINGS,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 19, PAGE 3 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
.,nLM .�
N
x
�q-tIFORN�
CITY OF PALM SPRINGS
OFFICE OF THE CITY CLERK
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
(760) 323-8204
CERTIFICATE OF ACCEPTANCE
TIES 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-FAMMELY RESIDENCE)
Real property in the City of Palm Springs, County of Riverside, State of California, as described:
Land described in Exhibit "A"
2315 JUNIPERO AVENUE (APN 504-223-001)
Dated: December 17, 2021
From,
IN F.1ID) WDIM NDIY001
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 I" 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, California, this I" day of March 2022.
BRENT RASI,
DEPUTY CITY CLERK
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263
Memo
To: Anthony Mejia, City Clerk
From: Rick Minjares, Engineering Associate
Date: January 5, 2022
Re: E-4652, 2315 Junipero Avenue
Attached please find the executed Street Improvement and Utility Undergrounding
Covenants from Kristofer Keith, (APN 504-223-001) in the City of Palm Springs.
Please accept, execute and prepare a Letter of Acceptance to the Riverside County
Recorder for recordation. If you have any questions, do not hesitate to call me.
Thank you,
Rick Minjares, Engineering Associate
City of Palm Springs Engineering Dept.
(760) 323-8253 X8741.
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
2022-0103331
03/02/2022 04:25 PM Fee: $ 0.00
Page 1 of 13
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
(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
IT" day of Dcu,„6/ , 2021, by and between Kristofer Keith ("Declarants"),
whose address is 7660 Beverly Blvd #407, Los Angeles, CA 90036 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 2315
Junipero Avenue, Palm Springs, California 92262, more particularly described on
Exhibit "A" attached hereto and incorporated herein by reference (APN 504-223-001)
("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 Junipero Avenue and Via Olivera ("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
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 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.
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 seg. 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
3
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
rescinded, in whole or in part, except by a written instrument duly executed and
4
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 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.
By:
stofer Keith
(DECLARANTS' SIGNATURES MUST BE NOTARIZED)
ATTEST:
A&Kony J. a 'a,
City of Palm S rings / City Clerk
APPROVED AS TO FORM:
By:
Jeff allin e
City of Palm Springs / City Attorney
"Declarants"
CITY OF PALM SPRINGS,
a municipal corporation
By: Agoy7
Justin tlifton, ICM -CM
City of Palm Springs / City Manager
"City"
RECOMMENDED BY:
By:
J I Mon No
ity of Palm Springs / City Engineer
APPROVED AS TO OWNERSHIP &
LEGAL DESCRIPTION:
By: l I "^I✓ Y
Rick Minj res - _
—City of P- Im Springs / Eigi eering
NOTARY FORMS ON NEXT PAGE
C,.. IM ..._ijf, _;,r EA CIA
,. '.I .�i:. r�. iL.„ _ ,. � F�1E �i. ,fir �.r F�, � .+•. 7L5
CALIFORNIA ALL PURPOSE. ACKNOWLEDGEMENT
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 Los Angeles
On December 17, 2021, before me, Daniel Parseghian, Notary Public personally appeared
Kristofer Keith who proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity, and, that by his signature on the instrument
the person or entity upon behalf of which the person 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. �`' GANIEL PABSEGHN N
Notary Public • California
4 3 - . = Los Angeles.County T
1D-� Commission k 2312627 Ir
�.o "� My Comm. Expires Nov 18, 2023 111
Daniel Parseghian
OPTIONAL
Description of Attached Document
Title or Type of Document: Acknowledgement of Instrument
Capacity of Signer: Self
Document Date Decefffber 17, 2021
ACKNOWLEDGMENT OF INSTRUMENT
(Cal. Civil Code Section 1181)
State of California )
County of Riverside ) SS.
City of Palm Springs )
On 10 20ZZ 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
{ 10day of Fehr 20 2L
Signature:
Brent Rasi,
Deputy City Clerk
City of Palm Springs, California
*A:II:3idr_m
14 *HANsl:& ;l WK61.Nls;j:Zdla:irid
LOT 56 OF PALM SPRINGS VILLAGE TRACT #1, IN THE CITY OF PALM SPRINGS,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 19, PAGE 3 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
EXHIBIT "B"
DESCRIPTION OF DEFERRED ITEMS
ENG 1. The Engineering Services Department recommends deferral of off -site
improvement items (identified as "Deferred') 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.
ENG 2. Submit street improvement plans prepared by a registered California civil
engineer to the Engineering Services Department. The plan(s) shall be
approved by the City Engineer prior to issuance of any building permits.
Deferred.
JUNIPERO AVENUE
ENG 3. Construct a 6 inch curb and gutter, 18 feet west of centerline along the entire
frontage, with a 25 feet radius curb return and spandrel at the northwest
corner of the intersection of Junipero Avenue and Via Olivera in accordance
with City of Palm Springs Standard Drawing No. 200, 206, and 300.
Deferred.
ENG 4. Construct the north half of a 6 feet wide cross gutter and spandrel at the
northwest corner of the intersection of Junipero Avenue and Via Olivera with
a flow line parallel with and located west of the centerline of Junipero
Avenue in accordance with City of Palm Springs Standard Drawing No. 200
and 206. Deferred.
ENG 5. Construct a future driveway approach in accordance with City of Palm
Springs Standard Drawing No. 201. Deferred.
ENG 6. 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
ENG 7. Construct a Type B curb ramp meeting current California State Accessibility
standards at the northwest corner of the intersection of Junipero Avenue and
Via Olivera in accordance with City of Palm Springs Standard Drawing No.
213. Deferred.
ENG 8. Construct pavement with a minimum pavement section of 3 inches asphalt
concrete pavement over 4 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 300. (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 Geotechnical Engineer using "R"
values from the project site and submitted to the City Engineer for approval.
Deferred.
ENG 9. Remove and replace existing asphalt concrete pavement where required, in
accordance with applicable City standards. Deferred.
VIA OLIVERA
ENG 10. Construct a 6 inch curb and gutter, 18 feet north of centerline along the
entire frontage, with a 25 feet radius. curb return and spandrel at the
northwest corner of the intersection of Junipero Avenue and Via Olivera in
accordance with City of Palm Springs Standard Drawing No. 200, 206, and
300. Deferred.
ENG 11. 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 12. Construct pavement with a minimum pavement section of 3 inches asphalt
concrete pavement over 4 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 300. (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 Geotechnical Engineer using "R"
10
values from the project site and submitted to the City Engineer for approval.
Deferred.
ENG 13. Remove and replace existing asphalt concrete pavement where required, in
accordance with applicable City standards. Deferred.
11
2�IFORai
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"
2315 JUNIPERO AVENUE (APN 504-223-001)
Dated: December 17, 2021
From,
KRISTOFER KEITH
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 I` 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, California, this I st day of March, 2022.
BBkENT RASI,
DEPUTY CITY CLERK