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HomeMy WebLinkAboutA9109 - THE STAGER 1999 FAMILY TRUST (APN 504-231-006) UTILITY UNDERGROUNDING AND STREET IMPROVEMENT COVENANTSFREE RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF PALM SPRINGS PO Box 2743 Palm Springs, CA 92263-2743 Attn: City Clerk 2©22-©2®8636 05/04/2022 10:52 ftll Fee; $ 0.00 Page 1 of 12 Recorded in Official Records County of Riverside Peter Rldana flssessor-County Clerk-Recorder I li h I 1 «97 Filing Fee Exempt Per Government Code 6103 (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 IJVJSTALL STREET IMPROVEMENTS UPON NOTICE ("Declaration") is entered into this Lcn>^ day of KPc,) 2022, by and between The Stager 1999 Family Trust, dated January 6, 1999 ("Declarants"), whose address is P.O. Box 28, Torrance, CA 90507 and the CITY OF PALM SPRINGS, a municipal corporation ("City"), whose address is PO Box 2743, 3200 E. Tahqultz 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 2107 N Vista Grande Avenue, Palm Springs, California 92262, more particularly described on Exhibit "A" attached hereto and incorporated herein by reference (APN 504-231-006) ("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. Those portions of the City's interest in real property most directly affected by this Agreement are Vista Grande Avenue and Via Escuela ("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 1 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 2 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, Caiifornia Streets and Highways Code Sections 2800 et seq. 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 often 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 3 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 Gaiifornia 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 ail 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 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. The Stager 1999 Family Trust, dated January 6^>999 P. Stager. Trustee Heidi L. Stager, Trustee (J "Declarants" (DECLARANTS' SIGNATURES MUST BE NOTARIZED) ATTEST: By:J Monique M. Lomell, CMC City of Palm Springs / Interim City Clerk CITY OF PALM SPRINGS, a municipal corporation By;Am Justin Clifton, ICMA-CM City of Palm Springs / City Manager "City" APPROVED AS TO FORM: By: — Jeff Ballir^er^ City of Palm Springs / City Attorney RECOMMENDED BY: By5 Jdel Montalvo City of Palm Springs / City Engineer APPROVED AS TO OWNERSHIP & LEGAL DBSCRIPTION: By:_ Rick Minj^es City of pdm Springs / Engiri ing Associate 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 document. State of California County of on %\ Wll Date } before me,. Here Insert Name and Title of the Officer personally appeared Name(s) ofSigner(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 he/she/they 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. NAYEEM KHAN I Notary Public • California 4 Los Angeles County S Commission K 2327079 r My Comm. Expires May 2, 2024 |j 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. Signature OPTIONAL — 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 noaiment'D'PiMXVft'Rn 0^ COMtM'fitti -til mUftW St. WWIll Document Date:, Num ber of Pag es: ^ \ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Siqner^s] Signer's Name: \X Signer's Name: M\da. tirts □ Corporate Officer - Title(s): □ Partner- □ Limited □ General □ Individual □ Attorney in Fact "l^Trustee □ Guardian or Conservator □ Other: Signer is Representing: □ Corporate Officer - Title(s): □ Partner- □ Limited □ General □ Individual □ Attorney in Fact ^Trustee □ Guardian or Conservator □ Other: Signer is Representing: Lomlta Notary (424) 363-7450 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY LOT 129 OF PALM SPRINGS VILLAGE TRACT, IN THE CITY OF PALM SPRINGS. COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. AS SHOWN BY MAP ON FILE IN BOOK 19, PAGE 3 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA. EXHIBIT "B" DESCRIPTION OF DEFERRED ITEMS ENG1. 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 bv the applicant prior to issuance of anv grading or building permits. VISTA GRANDE AVENUE ENG 2. Construct a 6 inch curb and gutter, 18 feet west of centerline along the entire frontage, with a 35 feet radius curb return and spandrel at the northwest corner of the intersection of Vista Grande Avenue and Via Escuela in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 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 a Type B curb ramp meeting current California State Accessibility standards at the northwestern corner of the intersection of Vista Grande Avenue and Via Escuela in accordance with City of Palm Springs Standard Drawing No. 213. Deferred. ENG 6. 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. VIA ESCUEL7\ ENG 7. Construct a 6 inch curb and gutter, 20 feet north of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. Deferred. ENG 8. Construct a driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. Deferred. ENG 9. 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 10. Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 6 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 315. (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. 10 ACKNOWLEDGMENT OF INSTRUMENT (Gal. Civil Code Section 1181) State of California County of Riverside City of Palm Springs ss. On PipYll 20^before me, MONIQUE M. LOMELI, CMC, CHIEF 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 ^6" f 1 (f) Signature: Monique M. Lor|i ;li, ™C Chief Deputy Cit>Clerk City of Palm Springs, California 11 J''Orat6^ C/rr 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 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" 2107 N VISTA GRANDE AVENUE (APN 504-231-006) Dated: April 6,2022 From, THE STAGER 1999 FAMILY TRUST, DATED JANUARY 6,1999 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 l/ FREE RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF PALM SPRINGS PO Box 2743 Palm Springs, CA 92263-2743 Attn: City Clerk 2@22-02@8635 05/04/2022 10:52 AH Fee; $ 0-00 Page 1 of 9 Recorded in Official Records County of Riverside Peter Aldana . ^ . fiet<5Gssor-Countv Clerk-Recorder IRMMffllll 887 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 DECURATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO PARTICIPATE IN DISTRICT FOR UTILITY UNDERGROUNDING UPON NOTICE ("Declaration") is entered into this day of J i_ , 2022, by and between The Stager 1999 Family Trust, dated January 6, 1999 ("Declarants"), whose address is P.O. Box 28, Torrance, CA 90507, 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 2107 N Vista Grande Avenue, Palm Springs, California 92262, more particularly described on Exhibit "A" attached hereto and incorporated herein by reference (APN 504-231-006) ("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 Southern 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 seq. 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", ail 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 IVIiscellaneous. 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 mall 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. The Stager 1999 Family Trust, dated JarfU^rv.6, 1999 ATTEST: eg9ry P. Stag^, Trustee I Heidi L. Stager, Truste "Declarants" (DECLARANTS' SIGNATURES MUST BE NOTARIZED) CITY OF PALM SPRINGS, a municipal corporation aMonique City of Pal LoVeli, CMC Springs / Interim City Clerk APPROVED AS TO FORM: Jeff-Ballinger City of Palm Springs / City Attorney By:. tin(i?iifton, ICMA-(bMJustin City of Palm Springs / City Manager "City" RECOMMENDED BY: Bv: ^1 MonfaTvo dty of Palm Springs / City Engineer APPROVED AS TO OWNERSHIP & LEGAL DiESCRIPTION: By: I j: • Rick Minjires City of Pi im Springs / bering Associate 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 document. State of California County of.} On before me, _ Date Here Insert Name and Title of the Officer personally appeared . Name(s) ofSignerfs) 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 he/she/they 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. u m m m m ^ mt NAYEEM KHAN Notary Public • California Los Angeles County Commission H 2327079 My Comm. Expires May 2, 2024 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. Place Notary Seal and/or Stamp Above Signatur Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reottachment of this form to an unintended document. Description of Attached Document . . Title or Type of Document: Document Date: Num^er^f^^s: ^ Signer{s) Other Than Named Above: Claimed by Signerfs)Capac[ty(ies) Claimed by S[gne,r^s) Signer's Name: □ Corporate Officer - Tit!e(s): □ Partner- □ Limited □ General □ Individual □ Attorney in Fact '^Trustee □ Guardian or Conservator □ Other: Signer is Representing: Signer's Name: O Corporate Officer - Title(s): □ Partner- □ Limited □ General □ Individual □ Attorney in Fact S^rustee □ Guardian or Conservator □ Other: Signer is Representing: Lomlta Notary (424) 363-7450 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY LOT 129 OF PALM SPRINGS VILLAGE TRACT. IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. AS SHOWN BY MAP ON FILE IN BOOK 19. PAGE 3 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY. CALIFORNIA. ACKNOWLEDGMENT OF INSTRUMENT (Cal. Civil Code Section 1181) State of California ) County of Riverside ) ss. City of Palm Springs ) On j , 202^before me, MONIQUE M. LOMELI, CMC, CHIEF 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 0/^ day of 1^2^ Signature: Monique M. Lfcmeir,''CMC Chief Deputy City Clerk City of Palm Springs, California u i^*ORAT6?^ 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 tliat 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" 2107 N VISTA GRANDE AVENUE (APN 504-231-006) Dated: April 6, 2022 From, THE STAGER 1999 FAMILY TRUST, DATED JANUARY 6,1999 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, Califomia, this 3''^ day of May, 2022. IRENTRASI, DEPUTY CITY CLERK City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 Engineering Services Department Memo To: City Clerk From: Rick Minjares, Engineering Associate Date: April 13, 2022 Re: E-4622, 2107 N Vista Grande Avenue Attached please find the executed Utility Undergrounding and Street Improvement Covenants from The Stager 1999 Family Trust, dated January 6, 1999 for the residence at 2107 N Vista Grande Avenue (APN 504-231-006) 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.