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HomeMy WebLinkAboutA9087 - LANE AND DEBRA WILLIAMS (APN 507-233-35) UTILITY UNDERGROUNDINGFREE RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF PALM SPRINGS PO Box 2743 Palm Springs, OA 92263-2743 Attn: City Clerk 05/04/2022 10:52 (\f\ Fee: $ 0.00 Page 1 of 10 Recorded in Official Records County of Riverside Peter Pldana Pssessor-County Clerk-Recorderns I I «J7 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 day of Mfltrcin . 2022, by and between Lane Williams and Debra Williams ("Declarants"), whose address is 2420 8^"^ Avenue, Seattle, WA 98119, 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. .d' 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 860 Avenida Caballeros, Palm Springs, California 92264, more particularly described on Exhibit "A" attached hereto and incorporated herein by reference (APN 507-233-035) ("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 northern 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 Properly ("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 Rightof City to Establish District to Construct Improvements. The City may, at its soie 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 s^. 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 reiief, 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. Lane Williams By: Debra Williams "Declarants" (DECLARANTS' SIGNATURES MUST BE NOTARIZED) ATTEST: iy:_ lwoni(ioniq -.rvXr IT . ^ CO!JNTSRPAi^,,' ue l\l'l. Lomeii, CMC "* • City of Palm Springs / Interim City Clerk APPROVED AS TO FORM: M codmmr By:. Jeff Ballinger City of Palm Springs / City Attorney CITY OF PALM SPRINGS, a municipal corporation By:_ Justin Clifton, ICMA-CM City of Palm Springs / City Manager By:. "City" RECOMMENDED BY: StGMED COUHTERP'^KT Joel Montalvo City of Palm Springs / City Engineer APPROVED AS TO OWNERSHIP & LEGAL DESCRIPTION: SIGHED IN CO:JNTERPi^M By: Rick Minjares City of Palm Springs / Engineering Associate NOTARY FORMS ON NEXT PAGE i||ATTACHED/yfetRTIFICATF/^ 1- IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first written above. By: S^G^SED DM COUNTERPART Lane Williams •ft Bv: SIGNED DM CQUNTSRPAM' Debra Williams "Declarants" (DECLARANTS' SIGNATURES MUST BE NOTARIZED) ATTEST: CITY OF PALM SPRINGS, a municipal corporation By:. Monlque M. Lorhell, CMC City of Palm Springs / Interim City Clerk APPROVED AS TO FORM: Justifc/Cllfton, ICIWV-CM City of Palm Springs / City Manager "City" RECOMMENDED BY: Jeff Ballii^ei City of Palm Springs / City Attorney /Ivn By: Ibel Montalvo 'City of Palm Springs / City Engineer APPROVED AS TO OWNERSHIP & LEGAL 06SCRIPTION: o\By; Rick Minj^res City of P^lm Springs / Engi, Associati NOTARY FORMS ON NEXT PAGE 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 docurhent. State of California County } C _ before me Date Here Insert Name and Title of the Officer personally appeared . _ . \ n Name(s) of Signer{s) .. - L^V\6 lAiilh, who proved to me on the basis of satisfactory evidence to be thMerson(s) whose name{s) Is^r^su^cribed to the within instrument and acknowledged that he/she/m^executed the same In his/rTS^h&y i authorized capaclty(les), and that by hls/her/me^lgnature{s) onthe instrument the person(s), orlReentity upon behalf of yvhich the person{s) acted, executed the instrument. Jennifer Ann Isham COMM. #2326550 g NOTARY PUBLIC - CALIFORNIA 3 RIVERSIDE COUNTY S My Comm. Expires April 30,2024 Place Notary Seal and/or Stamp 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 official seal. Signatu OPTIONAL Signature of Notary Public Completing this information can deter alteration, of the documerit oi fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Document Date:.NumberofPages:. Slgner(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: Signer's Name: □ Corporate Officer r- Title(s): □ Partner- □ Limited □ General □ Individual □ Attorney In Fact □ Trustee □ Guardian or Conservator □ Other: Signer is Representing: ©2019 National Notary Association ACKNOWLEDGMENT OF INSTRUMENT (Gal. Civil Code Section 1181) State of California ) County of Riverside ) ss. City of Palm Springs ) On 1 ^ 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 201? Signature: Brent Rasi, DEPUTY CITY CLERK City of Palm Springs, California 5^/for^ EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY PARCEL 2, IN THE CITY OF PALM SPRINGS. COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY PARCEL MAP NO. 33283, ON FILE IN BOOK 215, PAGES 94 THROUGH 96 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. 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 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" 860 AVENIDA CABALLEROS (APN 507-233-035) Dated: March 28, 2022 From, LANE WILLIAMS AND DEBRA WILLIAMS 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 3'^ day of May 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 3^*^ day of May 2022. BRENT RASI, DEPUTY CITY CLERK