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HomeMy WebLinkAboutA9111 - HINOSTROZA REVOCABLE TRUST (APN 501-425-011) UTILITY UNDERGROUNDING COVENANTFREE RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF PALM SPRINGS PO Box 2743 Palm Springs, CA 92263-2743 Attn: City Clerk 2022-0208634 05/04/2022 10:52 All Fee: $ 0.00 Page 1 of 10 Recorded in Official Records County of Riverside Peter Pldana Assessor-County Clerk-Recorder iiiiiRnuiiwm 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 DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS TO PARJICIPATE IN DISTRICT FOR UTILITY UNDERGROUNDING UPON NOTICE ("Declaration") is entered Into this day of Al(^rch , 2022, by and between the Hinostroza Revocable Trust created U/D/T dated June 11, 2018 ("Declarants"), whose address is 18340 Yorba Linda Blvd., #107-196, Yorba Linda, CA 92886, 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 properly located in the City of Palm Springs, County of Riverside, State of California, commonly known as 3180 E Via Escuela, Palm Springs, California 92262, more particularly described on Exhibit "A" attached hereto and incorporated herein by reference (APN 501-425-011) ("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 northem and eastern property lines ("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 Hmprovements"). 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, vi/hich 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 sea, 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 whoie 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 govemed 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 enforceabllity 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 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. Hinostroza Revocable Trust created U/D/T dated June 11, 2018 By- Andres RIcardo Hinostroza, Trustee oza. "Declarants" (DECLARANTS' SIGNATURES MUST BE NOTARIZED) ATTEST:CITY OF PALM SPRINGS, a municipal corporation _ SIGHED IN COUNTERPART °T- Anthony J. Mejia, MMC City of Palm Springs / City Clerk By:. SIGHED IN COUNTERPART Justin Clifton, ICMA-CM City of Palm Springs / City Manager APPROVED AS TO FORM: "City" RECOMMENDED BY: By: SiGNED IN COUNTEkPARf Jeff Ballinger City of Palm Springs / City Attorney COUPHHitrAkT Joel Montalvo City of Palm Springs / City Engineer APPROVED AS TO OWNERSHIP & LEGAL DESCRIPTION: SkG'NLD 5N CCUNsEkPAkF By: Rick Minjares City of Palm Springs / Engineering Associate NOTARY FORMS ON NEXT PAGE IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first written above. HInostroza Revocable Trust created U/D/T dated June 11, 2018 J- .-.a:: By:. By:. SIGNED IN COUNTERPART Andres Ricardo Hinostroza, Trustee - n . SIGNED EN CCUNTERFARF Jennifer Michelle Hinostroza, Trustee "Declarants" (DECLARANTS' SIGNATURES MUST BE NOTARIZED) ATTEST: CITY OF PALM SPRINGS, a municipal corporation Monique l\i.]Lomeli, CMC City of Palm Springs / Interim City Clerk JustiiLCIifton, ICMTA-CM City of Paim Springs / City Manager APPROVED AS TO FORM: By:. JefrBamnger City of Palm Springs / City Attorney "City" RECOMMENDED BY: Jpel Montalvo Jity of Palm Springs / City Engineer APPROVED AS TO OWNERSHIP & LEGAL DKCRIPTION: By:_ Rick Minj^res City of Palm Springs / Engi ring Associate NOTARY FORMS ON NEXT PAGE 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 Orange _) 3/2 v/before me, Jonathan Fotopoulos, Notary PublicOn (insert name and title of the officer) personally appeared Ah /i-r€.S Cctr^b l^( h ^ 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoirig paragraph is true and correct. WITNESS my hand and official seal Signature (Seal) JONATHAN FOTOPOULOs I; . COMM.# 2293350 NOTARY PUBUC-CAUFORNIA jH ORANGE COUNTY MY COMM. EAP. JUIY13. 20237 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY LOT 129, DESERT PARK ESTATES NO. 8. IN THE CITY OF PALM SPRINGS. COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 35, PAGE 72 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. ACKNOWLEDGMENT OF INSTRUMENT (Cal. Civil Code Section 1181) State of California ) County of Riverside ) ss. City of Palm Springs ) On A^pfl I 2(0^ 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 day of I , 20^- Signature: Monique M. llbmeli, CMC Chief Deputy City Clerk City of Palm Springs, California . .o u ''ORAie© C/rr 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" 3180 E VIA ESCUELA (APN 501-425-011) Dated: March 24, 2022 From, HINOSTROZA REVOCABLE TRUST 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 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: April11,2022 Re: E-4683, 3180 E Via Escuela Attached please find the executed Utility Undergrounding Covenant from the Hinostroza Revocable Trust created U/D/T dated June 11, 2018 for the residence at 3180 E Via Escuela (APN 501-425-011) 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. Mi