HomeMy WebLinkAbout11/19/2014 - STAFF REPORTS - 2.M. QpLM$A
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CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 19, 2014 CONSENT
SUBJECT: RECONVEY AND RELEASE DECLARATION OF COVENANTS,
CONDITIONS, AND RESTRICTIONS ON PROPERTY LOCATED AT
1036 ANDREAS PALMS DRIVE
FROM: David H. Ready, City Manager
BY: Douglas Holland, City Attorney
SUMMARY
In resolving a code enforcement matter for the illegal construction of a residence at
1036 Andreas Palms Drive, a covenant was recorded on the property. This covenant
essentially provided that the owner of the property was required to disclose that the
residence was built without permits from the City, without inspections by the City, and in
violation of City ordinances. In exchange for the covenant, which also included a hold
harmless provision, the City allowed the property to be occupied by the owner. The
current owner of the property has submitted the property to inspection by the City's
Building Department and has made necessary structural modifications and construction
changes to comply with the City's Codes fully consistent with directions of the Building
Official and has requested the City release the covenant. The Building Official and the
City Attorney concur with the request.
RECOMMENDATION:
Authorize the City Manager to execute and the City Clerk cause the recordation of a
Reconveyance and Release of Declaration of Covenants, Conditions, and Restrictions
that affect property at 1036 Andreas Palms Drive.
STAFF ANALYSIS:
In 1993, the owner of the property at 1036 Andreas Palms Drive, commenced
construction of a single family residence on the property. Disputes arose between the
City and the owner regarding compliance with City Codes and what level of inspections
would be required to ensure that work was fully compliant with the Codes. The City and
the owner ultimately agreed that the City would grant occupancy to the owner and the
owner executed a covenant running with the land that disclosed that the City had
ITEM NO. W-.--
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City Council Staff Report Nov 19, 2014
Release of Covenant Page 2 of 2
significant issues with structural aspects of the construction and that work may not have
been done in full compliance with City Codes. The covenant is a significant burden on
the property and has frustrated potential purchasers who were unwilling to invest
substantial resources in exposing foundations and other structural aspects of the
construction for City inspection and undertake necessary repairs as may be directed by
the Building Official.
Shaul Mezrahi and Bill Jewell acquired the property, allowed the property to be
appropriately inspected by the Building Official, including requests to remove walls and
expose structural aspect of the residence for inspections, and has made the requisite
corrections and improvements as identified by the Building Official. The Building Official
has approved all work on the property and has determined that the residence complies
with all applicable City Codes. The current owners have now requested the Covenant
be released. The Building Official and the City Attorney concur with the request and
recommend the City Council authorize the reconveyance and release of the covenant.
FISCAL IMPACTS:
None.
Dougla Holland David H. Ready
City Att rney City Manager
Attachment:
Reconveyance and Release of Declaration
02
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Office of the City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263-2743
Space Above This Line For Recorders Use Only
DEED OF FULL RECONVEYANCE AND RELEASE OF DECLARATION OF
COVENANTS, CONDITIONS, AND RESTRICTIONS
The City of Palm Springs, a California Charter City, the "City, entered into a Declaration
of Covenants, Conditions, and Restrictions ("Declaration") with High-Tech Aviation, Inc.,
a California Limited Partnership, the "Declarant." The Declaration was recorded as
Instrument No. 1995.263797 in the Office of the County Recorder of the County Of
Riverside, California. The conditions that gave rise for the Declaration no longer exist,
the building constructed on the subject property is, as of the date of this instrument, in
compliance with applicable building and construction standards, and the City Council of
the City has found that it is no longer fair or equitable to enforce the Declaration. The
City therefore reconveys, without warranty, and releases the person or persons legally
entitled of any and all obligations under the Declaration that burdens the subject
property commonly known as 1036 Andreas Palms Drive situated in the County of
Riverside, State of California, and more particularly described as: Lot 28, MB 129/087,
Tract 16759 (Assessor's Parcel No. 512-310-020).
Date:
CITY OF PALM SPRINGS, a municipal corporation
By:
Title:
APPROVED AS TO FORM:
By:
Title:
03
216009.1