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HomeMy WebLinkAboutA8928 - DENISE MICHELLE BERRYFREE 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 2021-0533103 09/09/2021 11:50 AM Fee: $ 0.00 Page 1 of 10 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 INS,JALL STREET IMPROVEMENTS UPON NOTICE ("Declaration") is entered into this _day of vast , 2021, by and between Denise Michelle Berry ("Declarants"), who a address is 68925 Tortuga Road, 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 105 W San Marco Way, Palm Springs, California 92262, more particularly described on Exhibit "A" attached hereto and incorporated herein by reference (APN 504-125-005) (" P rope rty"). 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 San Marco Way ("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. 2 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 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 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. D ise Michele rry "Declarants" (DECLARANTS' SIGNATURES MUST BE NOTARIZED) ATTEST: Anthony J. Meji C V/ City of Palm Sptings / City Clerk h8q;?e APPROVED AS TO FORM: By: Jeff Ba Koger City of Palm Springs / City Attorney CITY OF PALM SPRINGS, a municipal corporation By:)w� 4�-- Justin Clifton, ICMA-CM City of Palm Springs / City Manager "City" RECOMMENDED BYE�----pp By:�o�G+✓G�� Jo Montalvo City of Palm Springs / City Engineer APPROYFD AS TO OWNERSHIP & LEGAU EIESCRIPTIONI By: Rick Minj res City of Palm Springs / NOTARY FORMS ON NEXT PAGE ng Associate 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 August 06, 2021 before me, Jesse Mason, Notary Public , ere insert name ana title e oT the officer) personally appeared Denise Michelle Berry who proved to me on the basis of satisfactory evidence to be the person(-•) whose name(-&) Is re subscribed to the within instrument and acknowledged to me that heA@ they executed the same in his IEe their authorized capacity(ies), and that by his hie their signature() on the instrument the person(-&), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under _PENAL JURY under the laws of the State of California that the fo mg paragraph is ue an c ct. n• • • i 17��� itj►�� _ -Ism,AEN „�! ADDITIONALOPTIONAL INF• ' • DESCRIPTION OF THE ATTACHED Street Covenant (Title or description of attached documen (Title cription of attache ocument continued) Number of Pages Document Date 08/06/2021 CAPACIJY CLAIMED BY THE SIGNER p Indi dual (s) ❑ Corpate Officer (Title) Partner(s) Attorney -in -Fact Trustee(s) Other 2015 Version www.NotaryClasses. corn 800-873-9865 �,�� Jesse Mason ,,�.3 COMM. #2269295 x m 1,g'M', a� o_o 2 c NOTARY PUBLIC - CALIFORNIA RIVERSIDE COUNTY �y My Comm. Expires December 2, 2022� Seal) INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, 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. • 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 signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect fortes (i.e. lie/she/they-- 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 22 OF THE COLONY TRACT, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED IN BOOK 19, PAGE 6 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. SAN MARCO WAY ENG 2. Construct a 6 inch curb and gutter, 18 feet south of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. "Deferred' ENG 3. Construct a driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. "Deferred' 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' ENG 5. 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 centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110. (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' 0 t�VALMSA O�00 Mtn �"-A I F O RNA 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" 125 W. San Marco Way (APN 504-125-005) Dated: August 6, 2021 From, Denise Michele Berry 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 2nd day of September, 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 2nd day of September, 2021. 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: August 16, 2021 Re: E-4642, 105 W San Marco Way Attached please find the executed Street Improvement Covenant from Denise Michelle Berry, (APN 504-125-005) 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.