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HomeMy WebLinkAboutA8526 - DESERT HOMES, INC. AND TRINITA SPERANZA, INC. - FOR 385 W 22ND AVENUE r 2020-0173594 RECORDING REQUESTED BY: 04/21/2020 10:56 AM Fee: $ 0.00 CITY OF PALM SPRINGS Page 1 of 9 Recorded in Official Records County of-Riverside AND WHEN RECORDED MAIL TO (PAssessor-County Clerk-Recorder eter Rldana1+ `[ ��J;r' City of Palm Springs 1III9 M11MINU,i,l1'I IIIII P. O. Box 2743 #221 Palm Springs, CA 92263 Attn: Office of the City Clerk WIC SPACE ABOVE FOR RECORDER ONLY p 5 2 10 Filing fee EXEMPT per Government Code 6103 COVENANT AGREEMENT (DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS) THIS AREA FOR RECORDER ' S USE ONLY. 0 N W .�• O J U WN r— >._ C_� THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION• t• LLJ x ($3.00 Additional Recording Fee Applies) Ud N I— la.t �LL � O O W- } o U F O' U_ N U n FREE RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF PALM SPRINGS PO Box 2743 Palm Springs, CA 92263-2743 Attn: City Clerk 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 I11-' day of TR , 2020, by and between Desert Homes, Inc and Trinita Speranza, Inc ("Declara is"), whose address is 385 W 22nd Avenue; Vancouver, BC Canada V5Y2H5, 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 1507 San Jacinto Way, Palm Springs, California 92264, more particularly described on Exhibit "A" attached hereto and incorporated herein by reference (APN 507-246-004) ("Properly"). 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 Southproperty 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", 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 relief, its reasonable costs and expenses, including attomeys'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 exe t this Aqreement as of the date first written above. By: Phil Gertsman—Signatory for Desert Homes, Inc. By' Ed and Furl —Trinita-Speranza, Inc. "Declarants" (DECLARANTS' SIGNATURES MUST BE NOTARIZED) ATTEST: CITY OF PALM SPRINGS, a municipal corporation By: By:—. AntHeiiy J. eji , MM David H. Ready City of Palm ity Clerk City of Palm Springs/ ity Manager "City" APPROVED AS TO FORM° 7y: rMENDE By. Jeff Bat Inge City of Palm Springs[ ity Attomey Marcus Fuller City of Palm Springs/Assistant City Manager/City Engineer APPROV D AS TO OWNERSHIP & LEGAL SCRIPTIO By: Rick Min' res City of Im Springs d9ineering Associa e NOTARY FORMS ON NEXT PAGE A 852l0 CERTIFICATE OF ACKNOWLEDGMENT OF EXECUTION OF AN INSTRUMENT CANADA ---------------------------------------------- --------------------------- - (Country) PROVINCE OF BRITISH COLUMBIA - - - ------------------------------------------------------ (County and/or Other Political Division) ' ss: CITY OF VANCOUVER ----------------------------------------- ---------------------- (County and/or Other Political Division) U.S. CONSULATE GENERAL -------------------------------------- ----------------------------------------- (Name of Foreign Service Office) John Anthony Hoyle Notarizing Officer of the ----------------------------------------------------United.Stataanf America------------------------------------------------------ of the United States of America at Vancouver, British Columbia, Canada duly commissioned and qualified,do hereby certify that on this day of.............02-11-2020. ,before me personally appeared Date(mm-rid-yyyy) Phil Gertsman; Signatory for Desert Homes, Inc. -= -------------------- --------------------------------- ------------=--------------------------------------------------------------------------------- to me personally known,and known to me to be the individual-described in, whose name - is subscribed to, --------------------- ---------------------- and who executed the annexed instrument,and being informed by me of the contents of said instrument he �\ duly acknowledged to me that -----------------------he----------------------- executed the same freely and voluntarily for the uses and purposes. therein mentioned `'•' = ,. . F AM1 "Ijl it��"�d - + i i jpu74LR^b'it ,s we,N A__}0} .Pry" .a."� �, D+jl.�ts�f `±`: [SEAL] :� �Q51 �r. o + + 9, 04a In witness whereof l have hereunto set my hand and ki off seal the day an t above written. �a ✓ � It' i� ��r���%/ !/ fry of x %'-�' ....... John Ant on Ho le _ _--_-------------------Y _Y-_ -__-__-of the United States of America. 1 v Notarizing Officer of the �� United States of America' ---Thisdo"cumenRconslits of 15_ pages,including the Acknowledgement certificate. NOTE:Wherever practicable all signatures to a document should be included in one certificate. OF-175(Formerly FS-88) - - 05-2017 - CERTIFICATE OF ACKNOWLEDGMENT OF EXECUTION OF AN INSTRUMENT CANADA -------------- -------------------------------------------.. (Country) PROVINCE OF BRITISH COLUMBIA ------------------------------------------------ ------------------------------- (County and/or Other Political Division) SS: CITY OF VANCOUVER - - -----------°------------------ ------•--- ------- (County and/or Other Political Division) U.S. CONSULATE GENERAL - - --------------------- ---- --------------------------- -- (Name of Foreign Service Office) John Anthony Hoyle Notarizing Officer of the l' --------------------- ------------------------------------United-States-of America------------------------------------------------- of the United States of Amer ca at, Vancouver, British Columbia, Canada duly commissioned and qualified, do hereby certify that on this day o/ -02-1 1-2020 ,before me personally appeared Dale(mm-dd-yyyy) Edward Furlan, Signatory for Trinita-Speranza, Inc. ------------------------------------------------------------------------------------------------------I---------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------- -----------------------------------------------------------------------------------------to me personally known,and known tome to be the individual-described in,whose name is subscribed to, ------------------------------------------- and who executed the annexed instrument,and being informed by me of the contents or said instrument e ------------ ------------------------------- duly acknowledged to me that. ......-................he----------------------- executed the same freely and voluntarily for the uses and purposes. therein mentioned. [SEAL] ,,,� �f~{ 'y r 6sAq - In witness whereof I have hereunto set my hand and oifficial seal;the day a ar t above.written. -_ - ----_ -- .- -- ............. - -- ----.vt ' e ^` f� ohn Anth HOy of the United States ofAmerice. 1" ri a c • +iX. . --Notarizin Oeer of-the- 3 ' ' 'I§ •a wi, Hhl United States of America --= -;This document consists of_ - pages,including the Acknowledgement certificate. NOTE:Wherever practicable all signatures to a document should be included in one certificate. OF-175(Formerly FS-88) - - 05-2017 QpA��sA CITY OF PALM SPRINGS u OFF/CEOF THEC/TYCLERK * 3200 E. Tahquitz Canyon Way ,y Palm Springs, CA 92262 * ^ C��PORAIE09 P* (760) 323-8204 4</FORa� 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" APN: 507-246-004 dated: February 11, 2020 from, DESERT HOMES, INC. AND TRINITA SPERANZA, INC. 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 169, day of April, 2020, 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 16t'day of April, 2020. HONY EJIA, City Clerk, Ci ngs EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY LOT 33 IN DESERT SANDS NO. 3, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 19, PAGE 12 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.