HomeMy WebLinkAboutA8849 - MICHAEL JOHN VESIK & LISA MARIA VESIKFREE 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
mt
2021-0378009
06/23/2021 11:13 AM Fee' $ 0.00
Page 1 of 8
Recorded in official Records
County of Riverside
Peter Aldana
Assessor -County
MWANIVU1111i1 Pon11
(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 2qi'` day of _ f fe I , 2021, by and
between Michael John Vesik and Lisa Marie Vesik ("Declarants"), whose address is
266 N Saturmino Drive, Palm Springs, CA 92262-6544, 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 266 N
Saturmino Drive, Palm Springs, California 92262-6544, more particularly described on
Exhibit "A" attached hereto and incorporated herein by reference (APN 502-061-004)
("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. Those portions of the City's interest in real property most directly
affected by this Agreement are the public utility easements along the northern and
eastern property lines ("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
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 attomeys' 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:
Michael oh Vesik
By:
Marie Vesik
"Declarants"
(DECLARANTS' SIGNATURES MUST BE NOTARIZED)
ATTEST: CITY OF PALM SPRINGS,
a municipal corporation
By 6 �-; By-.
A ny J. Justi lifton, ICI CM
City of Palm prings ! City Clerk City of Palm Springs / City Manager
APPROVED AS TO FORM:
By'
J B roger
City of Palm Springs 1 City Attorney
"City"
RECOMMENDED BY:
By: �..
a�J el Montalvo
ty of Palm Springs I City Engineer
APPROVED AS TO OWNERSHIP &
LEGALkSCRIPTION: ,
APPROYED SY arywwa ;'
t BY=
K Rick Mi
City of
Springs 1 EnbineAring
NOTARY FORMS ON NEXT PAGE
CALIFORNIA 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 R j*P MJ6 }
On i aO Z.l before me, CyNnA. TYP.1'YU,faru Lb(jr
personally appeared N.44A 56 Utsi k etnl bsG Marie VoQ * ,
who proved to me on the basis of satisfactory evidence to be the person(@) whose
nam s is/ r ubscribed to the within instrument and acknowledged to me that
helsh a executed the same in his/he ei authorized capaci res , and that by
hislherl ei ignat i2ded,
on the instrument t e person (r�s or the entityupon behalf of
which the person s�executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
�nuunumrmrrrmrnurnunuu°r'+nunnrurauuuuuamnure
CONnADI EMBATH -
WITNESS my hand and official seal < < : G COMM. #2268651
c v Notary Public • California $
".' Riverside County
5munruruufurrmnn rnmmi munpiu oec.22iuu m
Notary Pulflic Sf ature (Notary Public Seal)
•
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from other states may be completedfor documents being sent to that state'so long
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IQ S , f �n 5 signer(s) personally appeared before the notary public for acknowledgment
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EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
LOT 29 OF LURING SANDS TRACT, IN THE CITY OF PALM SPRINGS AS SHOWN
BY MAP ON FILE IN BOOK 20, PAGE 62 OF MAPS IN THE OFFICE OF THE
COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA.
0PALMsA
c
V N
CITY OF PALM SPRINGS
OFFICE OF THE Cl TY 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
Utility Undergrounding and Street Improvement Covenant
Real property in the City of Palm Springs, County of Riverside, State of California, as
described:
Land described in Exhibit "A"
APN:502-061-004
Dated: April 24, 2021
From,
Michael John Vesik and Lisa Marie Vesik
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 23rd day of June,
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 23rd day of June, 2021.
hITHONY F€,i.lA,"C
CITY CLERIK