HomeMy WebLinkAboutA9112 - MAGIO INC (APN 501-314-004) UTILITY UNDERGROUNDINGFREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY OF PALM SPRINGS
PO Box 2743
Palm Springs, CA 92263-2743
Attn: City Clerk
05/04/Z022 10:52 AH Fee: $ 0.00
Page 1 of 10
Recorded in Official Records
County of Riverside
Peter ft ldana
Pssessor-Ccunty Clerk-Recorder
Filing Fee Exempt Per Government Code 6103
iV
(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 t day of Apn'l , 2022, by and
between Magio Inc., a California Corporation ("Declarants"), whose address Is P.O.
Box 2487, Palm Springs, CA 92263, 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 1919 E
Desert Park Avenue, Palm Springs, Caiifornla 92262, more particularly described on
Exhibit "A" attached hereto and incorporated herein by reference (APN 501-314-004)
("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. That portion of the City's interest in real property most directly
affected by this Agreement is the public utility easement along the southeastern
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
I
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 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, (li) 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 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, 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, injunclive 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.
Magio, INC.,
a California Corporation
By:.
Mario Berardi, Director _ »«.
"Declarants"
(DECLARANTS' SIGNATURES MUST BE NOTARIZED)
ATTEST: CITY OF PALM SPRINGS,
a municipal corporation
SiQS^ED m CQlii\TERPPJ5T
By:
Anthony J. Mejia, MMC
City of Palm Springs / City Clerk
APPROVED AS TO FORM:
By:.
SiGWED IN COUNtERPAFf
Justin Clifton, ICMA-CM
City of Palm Springs / City Manager
"City"
RECOMMENDED BY:
By:. SSGNED IN COliNTERPAFf
Jeff Ballinger
City of Palm Springs / City Attorney
Bv: SIGNED EN
Joel Montalvo J/
City of Palm Springs / City Engineer
APPROVED AS TO OWNERSHIP &
LEGAL DESCRIPTION:
S;GMED m COU^jYERFPJ^^
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.
Magio, INC.,
a California Corporation
By;.
Mario BerardI, Director
A.K.A., Mario Gabriele Berardi
"Declarants"
ATTEST:
(DECLARANTS' SIGNATURES MUST BE NOTARIZED)
CITY OF PALM SPRINGS,
a municipal corporation
By:
Justittlifton, ICMyi^CM
City of Palm Springs / City Manager
"City"
RECOMMENDED BY:
Monique ^JLomeil, CMC
City of Palm Springs / Interim City Clerk
APPROVED AS TO FORM:
By: Q^/J ^
JefPtallTnger^^^nnger.
City of Palm Springs / City Attorney
Jpel Montalvo
:ity of Palm Springs / City Engineer
APPROVED AS TO OWNERSHIP &
LEGAL^ESCRIPTION:
By:
Rick Mirtjares
City of palm Springs / 'neering
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 Califo
County of ila
.)
On AprA _ before me, i-ssgt^ Cytss3 foh\rc
(insert name and title of the officer)
personally appeared A/\cKX\C^ ^ ^
who proved to me on the basis of satisfactory evidence to be the person(^ whose name^d^/are
subscribed to the within instrument and acknowle^ed to me that^j^lfshe/they executed the same in
^i^/her/tl^ir authorized capacity(ie^, and that by aSEher/their signature(i8f on the instrument thepersojijE^, or the entity upon behalf of which the perso^^ acted, executed the instrument.
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
tSSACAKTQNIO CROSS I
Notary Public • California |
Riverside County I
Commission # 2380827 r
My Comm. Expires Oct 29, 2025 p
(Seal)
EXHIBIT "A" i'
LEGAL DESCRIPTION OF PROPERTY
LOT 60 OF DESERT PARK ESTATES UNIT #1 AS SHOWN BY MAP ON FILE IN BOOK
28, PAGE 36 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
RIVERSIDE COUNTY. CALIFORNIA.
ACKNOWLEDGMENT OF INSTRUMENT
(Gal. Civil Code Section 1181)
State of California )
County of Riverside ) ss.
City of Palm Springs )
On fl yyil 202t, 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 _ %ril ,20Ze.
Signature:
MoniquB M.liomeli, CMC
Chief Deputy City Clerk
City of Palm Springs, California
'OlMto
'■OBATiy
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
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, Coimty of Riverside, State of California, as described:
Land described in Exhibit "A"
1919 E DESERT PARK AVENUE (APN 501-314-004)
Dated: April 4,2022
From,
MAGIO INC.
Grantor, to tlie 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 Pairn Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263
Engineering Services
Department
Memo
To: City Clerk
From: Rick Minjares, Engineering Associate
Date: April 11. 2022
Re: E-4595,1919 E Desert Park Avenue
Attached please find the executed Utility Undergrounding Covenant from Magio Inc.
for the residence at 1919 E Desert Park Avenue (APN 501-314-004) 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.
Mll^