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HomeMy WebLinkAboutA9120 - SCOTT D GROUELL - APN 680-073-009 - STREET IMRPOVEMENT AND 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 05/18/2022 11;18 flH Fee: $ 0.00 Page 1 of 9 Recorded in Official RecordsCounty of Riverside Peter flldana a Filing Fee Exempt Per Government Code 6103 (For Recorder's Use Oniy) 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 25 day of A Pr'.l , 2022, by and between Scott D. Groueii ("Deciarants"), whose address is 4350 E Calle De Carlos, Palm Springs, CA 92264-1436, and the CITY OF PALM SPRINGS, a municipal corporation ("City"), whose address is PO Box 2743, 3200 E. Tahquitz Canyon Way, Paim Springs, CA 92263, Attn: City Cierk. RECITALS: A. Declarants are the owners of that certain real property located in the City of Palm Springs, County of Riverside, State of California, commoniy known as 4350 E Calle De Carlos, Paim Springs, Cailfornia 92264, more particuiarly described on Exhibit "A" attached hereto and incorporated herein by reference (APN 680-073-009) ("Property"). City has fee or easement interests in various streets, sidewaiks 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 directiy affected by this Agreement is the public utility easement aiong the northern property iine ("Public Parcel"). B. Declarants desire to obtain buiiding permit(s) and other City approvals to construct an addition to 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 i5j» 4'- • i- . 1 .'V> I. *. - If n -5 ".r'-" jfji .iu..' ;• r i!,'. f /' 'J. -i; * • '' -5;-i )C' ,' J I ; «■ . ■••iC. i ' I f.' ■'V ~ 'OiJ hi.' "Tir. ' '/ I'ibo'; s 0- 1^1 I'm ' ' I'i' / L f ■ . f ic r 'j' i i ■' 'hi • ■ ' 1 }! •'' 'i.'^. "lU-i-i i •1 ; '•j' .if,' .'.f ' |:'l' . . ■ ■1 / '0. C ir-i i--, h '"'K. ■ 'f f • J. >■■ 'h, 'ASj -i ■. ■ I'.X hj . ■. ' ■ . -.v.,v..''I ' V I . , '"i • •T • \ • ,1.1 .%• . :1 .[' ' W "'i <: ! j V . .1 , .. . ^ I . ' I '"JKif • • ^'1 - h.; • r r ; ^ V 'i.-: ■ 1 , ', M '0' i h ■. - <. ~ ■I i • iA\ ' r V. . . ) •'• w- ' • - . r] I-.1 /( ■ ^.1 r . A, ; , J ' i ' . Vw f !• « h '• C# I ^ C/ ': /' i.:. I ■ ■ ; i .1- . J'l.i 'i ;j , . 'i!^ i T' 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 ^ 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 Pubfic Parce/, (ii) to w/thho/d or revoke, after giving written notice of said vio/ation, 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 • . f •iinsc.' Av..'-- .'■ •-• , ,i- ^; ■•}., -i ' , . • i -• C' • -A- ■■ t>- ■ ■ . :ai;- ■..i I • ^^!■..: 1: . - AV . . : ' < ,'i '. }■ 'j. -l.-JK' •■■■•• ' -'it. I i ;'-' ■ /' . ) 'L'-c , > ' I ' ' ki * 'j ; '.-.'i" - . • V. •' /• ' V ' J:; • • ''l I i-/ ' 5 | l) •• ^ ■ . ,1 ' ' '^ ' ' -Vll ' . ■, ■ ,' i" : ... . , • I'' fV 1 'l ' ' t . .•)/' ^ . ' , . V b . »••'» " l" !w' , r'^ .■.Aj- - ; > ,U ' 'i- ~J- * •■ •.,5 'W>- , ■ . -,l j,. .'! • -i ■?■ .S "b , N ' - ' . ■ ' U-.. '' V . ; I - . o, ( i:' ■ i ' f ' ' ir. . • ,; r ■ •',! r ••! ) !• i..- '• ..1 }ui' ■ : : !M !• , 0' ,■ ^ -.s ■ ■ r ■ ' i ' ' '. A"'. • .|A-; "i' ?' . •;. Mi' . ' ' •. If'- ' • • I . J • J ■: . : -r ' ■ / ■•i-l j. ' t u.rn- .1 "v 5,•. 'A;- ■ ..sr . ' ■[ ' ■ n ' ' < c: r l.i. b. • ■- M.i- . "I I ; ./ 'il'O , .. I- ' l IV ' ' r . ' , • . .ii i,l ■ P !• '\! .-'A , ■ 't I 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 '! V n : • 1^... • ."lir. , ' 1/ ' ' I ' n !.5l 'y • n !." ' '..I." , . i. ' si • •• . ' ; :• . .A y ' •• ^ . , •• r , . 1" n . • . .1.- . '.y( ; . ' . i .. ' I V ' • .•V-'m'. •" I -■ ■ v,^'- • l< i ' ■ , ' ' • «' ; I, , ■ • 'J| M • ; • ifc^. Di j ■ ' ^ "> .;■ , j ^ '.I - _ " ■ .1 .1 : ' . V .. T' • » • :> • "■ '• ; , • rr*' • ~ ^ • • ■' , ■ ' 1 .' , I,, ■ • 1 , ' ' . I • 1 •'ij r. . ... }: ■•'-■;! '■ /.j.'ii : .i-..- * ■ ■ ■ iA • , • .r;.;iP - • •• , , ,• y.-'j ^ I , •; )»?•- -fu >•'. ■ ^ i' 4 'i. . ;• ' • - .' • • • . ' • . ■ > , • ' ' ■ '.• " J ' .: 4 ' A" ' A ',.J . (.(V ' , I • s "y. ■' i'; r.' k '• /•' . , ' * " • •• ■IJ I - ■>, ^ fK ' JJ*'' ..1- ••• y hrUi yr.y, • - .--r Q. .. . '.r i •' ; iC "" . ^ u .J };t . .. '-j..- '■ . \ ■ - r.i * . ■ ' :\\j: •;$ ; '; ■ ;.i ' ; "■ ■ ,'•■ • ' " ' i •' ■ »"'V, •.* . ■■ ' ' i s• • 1 I^ 'If '-': , i ' ' • iI • I i' ' J , .'ti 'M-'y ... ..,.,1 •; ' Ai^'. i . 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. "Scott iJTGronelirX.K.A. Scott David Grouell "Declarants" (DECLARANTS' SIGNATURES MUST BE NOTARIZED) ATTEST: CITY OF PALM SPRINGS. a municipal corporation By MoniqTie I\(l. City of Pal Lomeli, CMC Springs / Interim City Clerk APPROVED AS TO FORM: Justinn^lifton, ICfWA-CM City of Palm Springs / City Manager "City" RECOMMENDED BY: A1120 By:A JeffBamnger City of Palm Springs / City Attorney By: ^el Montalvo ity of Palm Springs / City Engineer APPROVED AS TO OWNERSHIP & LEGAL DESCRIPTION: By: L Rick Minj^res , i City of Palm Springs / Engii/eering Associate ^ NOTARY FORMS ON NEXT PAGE CALFORNIA ALL- PURPOSE CERTIFICATE CP 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 On before me, A)d~U^rU I I ' " I ^ \ (Here Insert name fend title o( the officer) / personally appeared ^ Q ej' 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 foregoing paragraph is true and correct. ^ ^ J SHARON HARRIS u ^ Nota7 Public-California IWITNESS my hand and official seal. SHARON HARRIS Nota^ Public-California Riverside County C Notary P"bbiic Signature 1 ommission # 2325041ii'o^ My Comm. Expires Mar 19. 2024 (Notary Public Seal) ADDITIONAL OPTIONAL INFORtVIAT DESCRIPTION OF THE ATTACHED DOCUMENT c3-p- (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CA^CITY CLAIMED BY THE SIGNER Individual (s) □ Corporate Officer (Title) □ Partner{s) □ Attorney-in-Fact □ Trustee(s) □ Other 2015 Version iAfVvw.NotaryCIasses.com 800-873-9865 Qj. INSTRUCTIONS FOR COMPLETING THIS FORMThisform complies with ciirreiu California statutes regarding notaiy wording and.if needed, should he completed and attached to the document. Achiowledgmentsfrom other states may be completed for documents being sent to that state so longas the wording does not require the California notarj- to violate California notary law. • Slate and County infonnalion must be the State and County where the documentsignerfs) personally appeared before the notary public for acknowledgment. • Date of notari2ation must be the dale that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notaiy public must prim his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the namc(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect fonns (i.e. he/she/th^ is/are) or circling the correct fonns. Failure to correctly indicate this information may lead to rejection of document recording. • The notaiy seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area penniis, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. v Additional infonnation is not required but could help to ensure this acknowledgment is not misused or attached to a difTerent document. v Indicate title or type of attached document, number ofpages and date. v Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFG, Secretary). • Securely attach this document to the signed documerit with a staple. EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY LOT 2 OF VAL VISTA TRACT AS PER AMENDED MAP OF A PORTION OF VAL VISTA TRACT ON FILE IN BOOK 21, PAGE 100 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 City of Palm Springs ) ss. On iriy II , 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 1/ day of _ Signature: Brent Rasi, DEPUTY CITY CLERK City of Palm Springs, California • / ?lTJrW^\ © o 'ORAIfcO 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, County of Riverside, State of California, as described: Land described in Exhibit "A" 4350 E CALLE DE CARLOS (APN 680-073-009) Dated: April 25, 2022 From, SCOTT D. GROUELL 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 12^ 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 12*^ day of May 2022. BRENT RASI, DEPUTY CITY CLERK