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HomeMy WebLinkAboutA8848 - MARLA HAMBURG KENNEDY & HENRY IAN WEILL_ 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 =01 2021-0378010 06/23/2021 11:13 AM Fee; $ 0.00 Page 1 of 9 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder IffI V,MBull 11 9Y 3 (For Recorder's Use Only) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO EXTEND AND CONNECT TO PUBLIC SANITARY SEWER SERVICE THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO Ir4STALL SE]IVER IMPROVEMENTS UPON NOTICE ("Declaration") is entered into this day of a.4 , 2021, by and between Marla Hamburg Kennedy and Henry Ian Weil ("Declarant"), whose address is 244 S Mansfield Avenue, 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. Declarant is the owner of that certain real property located in the City of Palm Springs, County of Riverside, State of California, commonly known as 2427 N Tuscan Road, Palm Springs, California 92262, more particularly described on Exhibit "A" attached hereto and incorporated herein by reference (APN 504-182-003) ("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. B. Declarant desires to obtain building permit(s) and other City approvals to construct an on -site septic system upon the Property ("City Approval"). Chapter 15.14.010 of the City of Palm Springs Municipal Code requires as a condition precedent to the approval of the City Approval, that Declarant connect the buildings to the public sewer. Ordinance 1084 of the City of Palm Springs, adopted January 17, 1979, amends Section 15.14.010 and allows an exemption for connection to the public sewer if certain conditions exist. Declarant desires to receive an exemption to connect to the public sewer in accordance with the exemptions authorized by Ordinance 1084 and, pursuant to Ordinance 1084, connection to the public sewer can be deferred on the terms more particularly set forth herein. NOW THEREFORE, the Declarant declares, covenants and agrees, by and for itself, its 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 Property. 1.0 Covenants, Conditions and Restrictions. 1.1 Extension of Public Sewer. At any time after this Declaration is executed by Declarant and the public sewer is constructed by the City or others to a point that is less than 500 feet from the lot line of the Property, then City shall notify Declarant in writing that Declarant must commence extension of private sewer lines the necessary distance and connect to the public system ("Notice"). Within one (1) year from the date of the Notice, Declarant shall, at its sole cost and expense, (i) apply for and receive approval of all necessary permits and approvals required by the City to connect to the public sewer and (ii) commence construction to connect to the public sewer. The construction of the extension to the public sewer 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. 1.2 Dedication of Sewer Improvements. Upon the completion of the construction to connect to the public sewer and final inspection by the City, Declarant shall irrevocably offer to dedicate the sewer improvements to the City, unless such sewer improvements are considered by the City Engineer to be defined as building sewers and sewer laterals to be maintained by Declarant, in accordance with Chapter 15.14.040 of the City of Palm Springs Municipal Code. 1.3 Maintenance of Sewer Improvements. In the event Declarant constructs sewer improvements considered by the City Engineer to be defined as public sewer to be maintained by the City, in accordance with Chapter 15.14.040 of the City of Palm Springs Municipal Code, until the dedication of the sewer improvements is accepted by the City, Declarant shall maintain and repair or cause to be maintained and repaired the sewer improvements in a first class condition and repair, 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 Sewer 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, Declarant hereby agrees to join the District and pay its proportionate share of the cost of constructing the sewer improvements. Further, Declarant hereby waives its 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 M. or any other procedure for the establishment of a District and/or the implementation of an assessment. 2 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, (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 its obligations hereunder, the City, its employees, contractors and agents may, at their sole option, and after making reasonable demand of the owner 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 owner 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 owner 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 owner 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 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 and running with the Property. Declarant hereby declares 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 providing for the 3 health, safety and welfare of the residents of the City and, specifically, the owner of the Property. 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 the City and its successors and assigns and successors in interest; shall be binding upon the Declarant, its successors and assigns and successors in interest; and may be enforced by the City. 3.2 Agreement among Declarant and City. In exchange for granting of the City Approval by the City, the Declarant hereby agrees to hold, sell and convey the Property subject to the covenants, conditions, restrictions and reservations of this Declaration. Declarant also grants to the City the right and power to enforce the covenants, conditions, restrictions and reservations contained in this Declaration against the Declarant 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 connection to the public sewer has occurred. 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 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 parry 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 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. ZA By (DECLARANTS' SIGNATURES MUST ATTEST: By: Anthony J. Me , MMC City of Palm Springs 1 City Clerk APPROVED AS TO FORM: By. Jeff alli ger City of Palm Springs 1 City Attorney CITY OF PALM SPRINGS, a municipal corporation By: . \wxr', rw� Justin Clifton, ICMA-CM City of Palm Springs 1 City Manager "City" RECOMMENDED BY: By: Joel+ Montalvo City of Palm Springs 1 City Engineer D AS TO OWNERSHIP & ZCRIPTIOW j APPRM BY C"VAMM By: ........,/1 d Rick Mi ares City of aim Springs ! NOTARY FORMS ON NEXT PAGE 0 ng Associate CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 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 I A On , i before me, Awo Ahmed >~ 1lptory Py 6 tl Dote Here Insert Name and Title of the Officer personally appeared Norrq w r) W.61 Nome(s) of Signer(s) 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 helsheithey 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. O)Ay ALVIN AHMED NotaryPubm-CaliforniaLos Angeles County Commission 2 2254189 Comm. Expires Aug 14. 2022 Place Notary Seal and/or Stomp Above 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 offici Signatur Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: '.."2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: M1304-09 (11/20) EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY THAT PORTION OF NORTHEAST QUARTER OF SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF NORTHEAST QUARTER OF SOUTHWEST QUARTER OF SAID SECTION; THENCE NORTH 89 DEGREES 38' WEST ALONG THE NORTH LINE OF NORTHEAST QUARTER OF SOUTHWEST QUARTER OF SAID SECTION, 310 FEET TO THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO VERN E. GARTEN, BYRD H. GARTEN AND LYNN F. TOMPKINS, BY DEED RECORDED DECEMBER 31, 1946 IN BOOK 801, PAGE 569 OF OFFICIAL RECORDS; THENCE SOUTH 0 DEGREES 22' WEST ALONG THE EASTERLY LINE OF SAID PARCEL, 185.43 FEET TO THE SOUTHEAST CORNER THEREOF FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 0 DEGREES 22' WEST, 106 FEET TO THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO CHRIS A. WASEM AND HELEN H. WASEM, BY DEED RECORDED JANUARY 30, 1952 IN BOOK 1338, PAGE 10 OF OFFICIAL RECORDS; THENCE NORTH 89 DEGREES 38' WEST ALONG THE NORTHERLY LINE OF SAID PARCEL 175 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 0 DEGREES 22' EAST, 106 FEET TO A POINT ON THE SOUTH LINE OF THE PARCEL CONVEYED TO VERN E. GARTEN, ET AL., BY DEED HEREINABOVE REFERRED TO; THENCE SOUTH 89 DEGREES 38' EAST ALONG THE SOUTHERLY LINE OF THE PARCEL SO CONVEYED TO VERN E. GARTEN, ET AL., 175 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THE EAST 30 FEET THEREOF; SAID PROPERTY IS ALSO SHOWN AS A PORTION OF LOT 14 OF RECORD OF SURVEY ON FILE IN BOOK 12, PAGE 87 OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. 91 V pLM $ A /,� T �y 1�4�FORN� CITY OF PALM SPRINGS OFFICE OF THE CITY CLERK 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (760) 323-8204 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by Sewer Connection Covenant Real property in the City of Palm Springs, County of Riverside, State of California, as described: Land described in Exhibit "A" APN:504-182-003 Dated: April 24, 2021 From, Marla Hamburg Kennedy & Henry Ian Weil 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.