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HomeMy WebLinkAboutRecorded Doc 2015-012 2015-012 DOC#2015-0046855 °�U ^ ® � 02/05/2015 02:28 PM Fees:$39.00 Page 1 of 9 Recorded in Official Records County of Riverside Peter Aldana Assessor,County Clerk&Recorder PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: "'This document was electronically submitted to the County of Riverside for recording** Receipted by:MGREGSTON Date Palm Group,LLC (Owner) First American Title Insurance Company AND WHEN RECORDED MAIL TO: This is to certify that this is a true and exact or y of the original •ocum Date Palm Group,LLC \ 350 S.Reeves Drive,#102 4-r/a" `.• Beverly Hills,Ca.90212 Covenant for Water Quality Management Plan and Urban Runoff Best Management Practices Transfer,Access and Maintenance Owner: Date Palm Group. LLC Property Address: Land on Date Palm Drive. Cathedral City, CA 92234 APN: (o7o— Ito— ki a WHEREAS, Date Palm Group, LLC ("Owner") owns real property ("Property") in the City of Cathedral City, County of Riverside,State of California,more specifically described in Exhibit"A" and depicted in Exhibit"B", each of which exhibits is attached hereto and incorporated herein by this reference; WHEREAS, at the time of initial approval of development project know as Date Palm Aaron's Store within the Property described herein, the City of Cathedral City ("CITY") require the project to employ Best Management Practices hereinafter referred to as"BMPs"to minimize pollutants in urban runoff; WHEREAS, the OWNER has chosen to install and/or implement BMPs for the Property as described in the Water Quality Management Plan, on file with the CITY, hereinafter referred to as "WQMP" to minimize pollutants in urban runoff and to minimize other adverse impacts of urban runoff; WHEREAS, said BMPs, with installation and/or implementation on private property and draining only private property, are part of a private facility with all maintenance replacement, therefore, are the sole responsibility of the OWNER in accordance with the terms of this Covenant. WHEREAS, the OWNER is aware that periodic and continuous maintenance, including, but not necessarily limited to, filter material replacement and sediment removal, is required to assure peak performance of all BMPs in the WQMP and that, furthermore, such maintenance activity is required to remain in compliance with all local, state, or federal laws and regulations, including, but not limited to NPDES storm water permits, and those pertaining to confined space and waste disposal methods, in effect at the time such maintenance occurs; NOW THEREFORE,OWNER covenants,promises and agrees as follows: 1. Owner hereby provides the City and/or its designee complete access, of any duration , to the BMPS and their immediate vicinity at any time, upon reasonable notice, or in the event of emergency, as determined by CITY, no advance notice, for the purpose of inspection, sampling, testing of the BMPS, and in case of emergency, to undertake all necessary repairs or other preventive measures at .OWNER'S expense as provided in paragraph 3 below, provided that CITY takes reasonable steps to minimize or avoid interference with OWNER'S use of the Property. 2. OWNER shall use its best efforts diligently to maintain all BMP"s in a manner assuring peak performance at all times. All reasonable precautions shall be exercised by OWNER and OWNER'S representative or contractor in the removal and extraction of any material(s) from the BMPs and the ultimate disposal of the material(s) in a manner consistent with all relevant laws and regulations in effect at the time. As may be requested from time to time by the CITY, the OWNER shall provide the CITY with documentation identifying the materials(s)removed the quantity,and disposal destination. 3. In the event OWNER, or its successors or assigns, fails to accomplish the necessary maintenance contemplated by this Covenant, within five (5) days of being given written notice by the CITY, the CITY is hereby authorized to cause any maintenance necessary to be done and charge the entire cost and expense to the OWNER or OWNER'S successors or assigns, including administrative costs, attorney fees and interest thereon at the maximum rate authorized by the Civil Code from the date of the notice of expense until paid in full. 4. The CITY may require the OWNER to post security in form and for a time period satisfactory to the CITY to guarantee the performance of the obligations stated herein. Should the OWNER fail to perform the obligations under this Covenant, the CITY may, in the case of cash bond, act for the OWNER using the proceeds from it, or in the case of a surety bond, require the sureties to perform obligations of the Covenant. As an additional remedy, the CITY may withdraw any previous Urban Runoff-related approval with respect to the property on which the BMPs have been installed and/or implemented until such time as OWNER repays the CITY its reasonable costs incurred in accordance with paragraph 3 above. 5. This covenant shall be recorded in the Office of the Recorder of Riverside County, California, at the expense of the OWNER and shall constitute notice to all successors and assigns of the title to said Property of the obligations herein set forth, and also a lien in such amount as will fully reimburse the CITY, including interest as herein above set forth,subject to foreclosure in event of default in payment. 6. In event of legal action occasioned by any default or action of the OWNER, or its successors or assigns, then the OWNER and is successors or assigns agree(s) to pay all costs incurred by the CITY in enforcing the terms of this Covenant, including reasonable attorney's fees and costs, and that the same shall become a part of the lien against said Property. 7. It is the OWNER that burdens and benefits herein undertaken shall constitute covenants that run with said Property and constitute a lien there against. 8. The obligations herein undertaken shall run with and burden the Property and shall be binding upon the heirs, successors, executors, administrators and assigns of the OWNER. The term "Owner" shall include not only the present OWNER, but also its heirs, successors, executors, administrators, and assigns. OWNER shall notify any successor to title of all or part of the Property about the existence of this Covenant. OWNER shall provide such notice prior to such successor obtaining an interest in all or part -. of the Property. OWNER shall provide a copy of such notice to the CITY at the same time such notice is provided to the successor. 9. Time is of the essence in performance of this Covenant. 10. Any notice to a party required or called for in the Covenant shall be served in person, or by deposit in the U.S. Mail, first class postage prepaid, to the address set forth below. Notices(s) shall be deemed effective upon receipt, or seventy-two (72) hours after deposit in the U.S. Mail, whichever is earlier. A party may change a notice address only by providing written notice thereof to the other party. IF TO CITY: IF TO OWNER: City of Cathedral City Date Palm Group, LLC Attn:City Manager Attn:Stephen Botthof 68-700 Avenida Lalo Guerrero 350 S. Reeves Drive,#102 Cathedral City, CA 92234 Beverly Hills,Ca. 90212 11. This Covenant may be enforced by the CITY. The City Manager or his/her designee is authorized to act and administer this Covenant on behalf of the CITY. IN WJNESS HEREOF, the parties hereto have affixed their signatures as of this 1 day of 4 2c°/S• OWNER: DATE PALM GROUP,LLC, A California limited LIABILITY COMPANY By:ROBOTT,LLC, a California limited liability company Its Manager Steph n A. Botthof Its Manager NOTARIES ON FOLLOWING PAGES CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CITY NATIONAL BANK • The way up 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. far.0,2,1,1,11,4,0"A1,1 0.IP../s a,p mss'//r r///IKR.J"�P.:III; 'Ylp 0%0,11.:I�.1010 '/,OM,�,,/sI'/r//.'w.:filtl'lwsrti10,0 41,/III//WTI/ ,/ : / i / ,VII IIf j 0 r r 0 r State of CA 0 e SS. County of Los Angeles , e On 1/30/2015 before me, Rochelle Agsalud Yambao, Notary Public , 4 6 DATE Name,Title of Officer(e.g.,"Jane Doe,Notary Public“) it 0 a personally appeared Stephen A. Botthof 0 NAME(S)OF SIGNER(S) A o 0 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 r 0 same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument o the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 0 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. o ROCIIELLE A68ALUO YAMBAO WIT S my hand and official seal. ,10111r Commission#2092576 i� .. '' Notary Public-California 0 z -7'.Ri Lot Angeles County , -- -- C .Ex sO6` e r � • a __---_• r # ,y Notary Pub' Place Notary Seal Above e OPTIONAL 0 0 o Though the data is not required by law, it may prove valuable to persons relying on the document and could prevent • o 0 fraudulent removal and reattachment of this form to another document. o r 0 o DESCRIPTION OF ATTACHED DOCUMENT ATitle or Type of Document: 0 0 o e o r Document Date: Number of Pages: • • • r Signer(s) Other Than Named Above: i • r e CAPACITY(IES) CLAIMED BY SIGNER • r r RIGHT THUiMPRINT r Signer's Name: r OF SIGNER j Top of thumb here 0 ❑ Individual o i ❑ Corporate Officer—Title(s): r f ❑ Partnership - ❑ Limited ❑ General ❑ Attorney in Fact r r ❑ Trustee o ❑ Guardian or Conservator fe ❑ Other: r • Signer Is Representing: 0///Ip/L,lsr/,i�I,/%IiI'I,Z'�/eZSii/i//// /l,t/'/:IU/L'fii'm/4L/,i�w/�Za%/��/LiI'l,//1///i%I,]%�I/∎.%.I/�//”/I�III�/sI/II/IWKLt���/�uA (098P) ID 03148E(Rev 12/2014) (047) EXHIBIT A (Legal Description) PARCEL 9 OF PARCEL MAP NO. 35032, IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE,STATE OF CALIFORNIA,AS SHOWN BY MAP ON FILE IN BOOK 234 PAGES 13 THROUGH 15 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN:670-110-jQ- EXHIBIT B (Map/Illustration) EXHIBIT"A" RETENTION BASIN EASEMENT That certain parcel of land situated in the City of Cathedral City, County of Riverside, State of California, being a portion of Parcel 9 of Parcel Map No. 35032, as shown on a map thereof filed in Book 234 of Parcel Maps, at Pages 13 through 15, inclusive, in the Office of the County Recorder of said County and State, lying within the northwest quarter of Section 15, Township 4 South, Range 5 East, San Bernardino Meridian, more particularly described as follows: COMMENCING at the northeast corner of Parcel 1 of said Parcel Map No. 35032; thence along the west line of said Parcel 9 North 00°05'40" East 42.00 feet to the POINT OF BEGINNING; thence continuing along the west line of said Parcel 9 North 00°05'40" East 52.00 feet; thence South 89°56'33"East 25.00 feet to a line parallel with and distant 25.00 feet east of the west line of said Parcel 9; thence along said parallel line South 00°05'40"West 52.00 feet; thence North 89°56'33"West 25.00 feet to the POINT OF BEGINNING. CONTAINING 1,300 square feet, more or less. EXHIBIT"B"attached hereto and by this reference made a part hereof. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. This description was prepared by me or under j y direction. -- Christopher . Alberts, P.L.S. 8508 ., Date `UiLpt:F�j Page 1of1 • I 63' PARCEL "B" CERTIFICATE OF COMPLIANCE 0 ., LOT LINE ADJUSTMENT 2014-477 REC. In o 10/07/2014 °',N) o DOC. NO. 2014-0382265 cww, • N o N > z �L M CO CD• Z ° WEST LINE a- OF PARCEL 9 a' Q CC 0 CI I Lcii ' 0 PARCEL "A" z CERTIFICATE OF COMPLIANCE AIL Q J LOT LINE ADJUSTMENT 2014-477 REC. u) 10/07/2014 W 3 DOC. NO. 2014-0382265 POB © .cc— POC NE COR OF O w PCL 1 ) ° a SOUTH LINE > z OF PARCEL 1 / - FJ � is M w PARCEL 1 \ / " Q w PARCEL MAP NO. 35032 �/ w a 0 P.M.B. 234/13-15 04It wz / 0 a \ ,/ (i) o Q DATA TABLE 00 BEARING/DELTA RADIUS LENGTH 1 (N00°05'40"E) 42.00' 2 (N00°05'40"E) -- 52.00' 3 S89°56'33"E -- 25.00' Q. 4 S00°05'40"W -- 52.00' Mc C ALLUM WAY 5 N89°56'33"W 25.00' 60 30 0 60 120 180 >i 01 DOMESTIC WATER AND SANITATION EASEMENT SCALE: 1"=60' IN FAVOR OF CVWD PER PMB 234, PAGES 13-15, RECORD OF RIVERSIDE COUNTY. 00. LAND 2 INGRESS/EGRESS AND PUBLIC UTILITY (N) RECORD PER PMB 234/13-15 Sc. oVS.R 1. siG O EASEMENT IN FAVOR OF A.W.W. L.L.C. NM �``' �`~ �B� �^ RECORDED ON 10/25/2002 AS INST. NO. AREA WITHIN DISTINCTIVE or x — `0 2002-605550, O.R. BORDER = 1 ,300 SQ. FT. .. " LS N0. ; 18 e're '�° EXHIBIT "B Y SHEET 1 OF 1 �/ _4/....A., IFA\� PLAN N I N 0 ■ D[BIaN ■ 60N9TAYOTION PLAT TO ACCOMPANY A LEGAL if O� DESCRIPTION FOR A RETENTION OF C A�`E 74-130 COUNTRY CUR!DIVE Blare 2C4 BASIN EASEMENT. • • • PALM DESERT.CALFOINA 82260.-1655 CONSULTING 760-34B-746f. FAX 7603463315• wrwp•F,mn LOCATED IN THE NW 1/4 OF SECTION 15, T.4S., R.5E., S.B.M. UN; 142270-EX-003 H:\PDATA\142270\CADD\MAPPING\EXHIBITS\142270-EX-004.OWG BILLPOPE 11/11/14 12.10 pm