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HomeMy WebLinkAboutRecorded Doc 2018-31724 311 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: (Owner) AND WHEN RECORDED MAIL TO: CITY OF CATHEDRAL CITY - CITY ENGINEER 68700 AVENIDA LALO GUERERRO CATHEDRAL CITY, CA 92234 2018-0142492 04/12/2018 04:29 PM ***Customer Copy Label*** The paper to which this label is affixed has not been compared with the f i led/recorded document Peter Aldana County Of Riverside Assessor -County Clerk -Recorder Covenant for Water Quality Management Plan and Urban Runoff Best Management Practices Transfer, Access and Maintenance Owner: 63 MAXX Development Cathedral City LLC Property Address: PM 30726 East Date Palm Drive 659-230-003 & 004 & 009 & 010 & 039 & 660-390-024 APN: WHEREAS, 63 MAXX Development Cathedral City 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 63 MAXX Development 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 responsibilities 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: City of Cathedral City Attn: City Manager 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 IF TO OWNER: 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 WITNESS HEREOF, the parties hereto have affixed their signatures as of this ',T day of %rot*A- t Ukcg [All owners of record must sign.] OWNER: 63 MAXX Development Cathedral City LLC OWNER: (Owner's name) (Owner's name) (Signature) (Signature) Benjamin Hoskins, LLC Manager (Name & Title) (Name & Title) 63 MAXX Development Cathedral City LLC (Company) (Company) NOTARIES ON FOLLOWING PAGES ACKNOWLEDGEMENT FOR OWNER State of California County of UWK��6 ) On 1\4\ WI c1n 'L1. `LO\% , before me....144, \Q»& \I pk\&Qv, a notary public, personally appeared lhrw.. -. i\OSVint , who proved to me on the basis of satisfactory evidence to be the person(a) whose name() is/ae subscribed to the within instrument and acknowledged to me that he/sisiieg executed the same in his/MOM& his/MOauthorized capacity(ar r), and that by his/'e,8lreir signatures) on the instrument the person,(aj, or the entity upon behalf if which the person(o) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. \*)4 Signature (SEAL) SELENE VALOEZ 'Commission dE 2082501 Notary Public - California I Riverside County Comm, Expire# Oct 18, 2018 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 CLvtre On ti�ktidtk tit 20\`b before me, } (Here erE nam can t e o dotiicer� r L personally appeared Vt v‘s sc vu A. _. 4 oSk‘vIS who proved to me on the basis of satisfactory evidence to be the person( whose name(S is/ subscribed to the within instrument and acknowledged to me that he/ailrliiln , executed the same in his/ijllillllpir authorized capacity(li*, and that by hiSLir signature(** on the instrument the person(, or the entity upon behalf of which the person( 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. Nota ly PubIf ignature • ADDITIONAL OPTIONAL INFORMAT (Notary Public Seal) SELENE VALDEt Commission *2082501 Notary Public - Calderon Riverside County Comm. Expires Oct 18.2( DESCRIPTION OF THE ATTACHED DOCUMENT ooahRh S • �1 Yi.� r.' ► tiW (Titre or description of attached document) (Title or description of attached document continued) Number of Pages \ Document Date 03.2.1 •\ bo ON CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) Other U.0 l! INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /aee) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary 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 permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. § ° 1 CC a a zw lash r8a °{ ° a 3 b @ i t § @ 111 p , Yy 1 li 1 irdli i it :;I. §5 1�B iel! L 11 "" lid li i /I 1 11 Pi ql e � � �y b •!�y � 4� ahbb tit l'ill ii iii61. i 10 - m ae wilt ill lib _ b illi A lE ib ! y g� i iiit 11!1'x: p evil bill ieg' g• 1/4 N 111114 g1 ;'1 Ili t;141 4 1111; Q! i i @ 8 f. ni WI la �5ith ti qi1 it iF6@in ha !li99i{7�`@ g i fl ��� q�e �e b'1agi�b} 9a� fi RECORDING REQUESTED BY: INGE COAST TITLE COMPANY MAIL TAX STATEMENTS TO AND WHEN RECORDED MAIL TO: 63 Maxx Development Cathedral City, LLC C/0 Selene Valdez 77-933 Las Montanas Rd. Ste. 101 Palm Desert, CA 92211 of DQCUment Records d as No 7-aty "tee -.166v has not bash ' ? original. RIVERSIDE COUNTY CALIFORNIA The undersigned Grantor(s) declare that the Documentary Transfer Tax is: $1,188.00 City Transfer Tax $0.00 XXX Computed on the full value of the Interest of property conveyed, or _ Computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale _Or transfer is EXEMPT from tax for the following reason: Unincorporated Area of Whittier XX City of: Cathedral City —1 -RA ,$- APN: 659-230-003, 004,009,010,039& 660-390-024 TITLE ORDER NO.: 140-1861364-66 ESCROW NO.: 1861364 -CH GRANT DEED (Title of Document) MAIL TAX STATEMENTS AS SHOWN ABOVE RECORDING REQUESTED BY: ORANGE COAST TITLE CO. WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENT TO: 63 MAXX Development Cathedral City, LLC, Vacant Land 22,74 Acres West & East Cathedral Cty, CA 92234 0/4- Of APN: 659-230-003 &0048,009&010&039 & 660-390-024 TITLE ORDER. NO.: 140-1861364-66 ESCROW NO.: 1861364A -CH THIS SPACE FOR RECORDER'S USE ONLY GRANT DEED The undersigned Grantor(s) declare(s) that the DOCUMENTARY TRANSFER TAX IS: $1,188.00 County XX computed on the full value of the interest of property conveyed, or computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. OR transfer Is EXEMPT om tax for the following reason: Orange Coast Title Signature of declarant or agent de ermining tax Firm Name FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, 101223289 Saskatchewan LTD HEREBY GRANT(S) to 63 MAXX Development Cathedral City, LLC, a Wyoming Limited Liability Company Ali that real property situated in the City of Cathedral Cty, County of RIVERSIDE, State of California, described as: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT"A" :ornmonty��K,,��nownn As: Vacant Land 22,74 Acres West & East Date Palm Drive, Cathedral Cty, CA 92234 September; 2017 Q►SIKAre c)fit,, 101223289 Saskatchewan AR . ,:.� orate) e d / By A notary public or other officer completing this attached and not the truthfulness accura or valid oftAat mate ven sony C>. R1" Ja es Co , Authorized Signer nt e identity of the Individual CTATC-eFeAtiFERNIA CANADA `efatNfi"-eF fRWINce ep SAS ICATL1itSNAN On Sots etrber L 5, 2017 , before me, kir sten J. Re marchia . o signed the document to which this certificate Is Proven a+ SA&I +ch,w& be'h9 a1°116$lur) personailyappeared Rick 3.1 'Ines Caurf who proved to me on the basis of satisfactory evidence to be the person(s) whose names) Is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capaclty(les), 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. WITNESS my hand and official seal. Signature , a Notary Public (In and for the (SEAL) Plait ir i , R • Shavvh Smi'tl, o, C ween s Bench ,E,44tiefor the Province Cr( SASkQi-ch?wah hereby ce►-ti(i) phut KtrSin �. }.ernc4rhuk• MAIL TAX STATEMENTS AS DIRECTED ABOVE CERTIFICATION Pursuant to the provisions of Government Code 27361.7, I certify under the penalty of perjury that the following is a true copy of illegible wording found in the attached document: (Print or type the page number(s) and wording below): Date: Signature: Print 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 DATE: November 1, 2017 NAME: Laura A. Gruntz SIGNATURE: Exhibit"A" Parcel 1: Order No. 140-1861364-66 That portion of Government Lot 65, Section 34, Township 3 South, Range 5 Bast, San Bernardino Base and Meridian, according to United States Government Survey thereof, lying Northeasterly of the Northeasterly line of Date Palm Drive, conveyed to the County of Riverside by deed recorded April 22, 1964 as Instrument No. 49595, of Official Records. Excepting therefrom, that portion conveyed to Southern California Edison Company In deed recorded March 25, 1977 as Instrument No. 49934, of Official Records, Also excepting therefrom, all oil, gas and other mineral deposits, together with the right to prospect for, mine, and remove the same, according to the provisions of the act of congress approved June 1, 1938 (52 Stat. 609), as reserved In the patent recorded June 20, 1960 as Instrument No. 54491, of Patents, records of Riverside County, (APN, 659-230-039) Parcel 2: Those portions of Government Lots 65 and 66 of Section 34, Township 3 South, Range 5 East, San Bernardino Base and Meridian, according to United States Government Survey thereof; lying Southeasterly of the Southeasterly line of Date Palm Drive, conveyed to the County of Riverside by deeds recorded April 14, 1964, as Instrument No. 46109 and April 22, 1964 as Instrument No. 49595, both of Official Records, Excepting therefrom, all oil, gas and other mineral deposits, together with the right to prospect for, mine, and remove same, according to the provisions of the Act of Congress approved June 1, 1938 (52 Stat 609), as reserved in United States Patents recorded December 14, 1959 as Instrument No. 105806, June 20, 1960 as Instrument No, 54491 and March 23, 1964 as Instrument No, 35924 all ofOfficial Records. (APN: 659-230-004) Parcel 3: Those portions of Government Lots 66 and 67 of Seotion 34, Township 3 South, Range 5 East, San Bernardino Base and Meridian, according to United States Government Survey thereof, lying Northwesterly of the Northwesterly line of Data Palm Drive, conveyed to the County of Riverside by deeds recorded April 14. 1964 as Instrument No 46109 and April 22, 1964 as Instrument No, 49596 both of Official Records, Excepting therefrom, that portion lying Northeasterly of the Southwesterly line of Varner Road. Also excepting therefrom, all oil, gas and other mineral deposits, together with the right to prospect for, mine, and remove same, according to the provisions oldie Act of Congress approved June 1, 1936 (52 Stat. 609), as reserved in United States Patents recorded December 14, 1959 as Instrument No. 105806, June 20, 1960 as Instrument No. 54491 and March 23, 1964 as Instrument No. 35924 all of Official Reoords, (APN: 659-230-003) Parcel 4: Government Lot 67 of Section 34, Township 3 South, Range 5 East, San Bernardino Base and Meridian, Government Survey thereof. Excepting therefrom, that portion lying within Date Palm Drive, conveyed to the County of Riverside by 1964 as Instrument No. 49596, of Official Records. Also excepting therefrom, that portion lying within Varner Road. Also excepting therefrom, that portion lying Northwesterly of Date Palm Drive, Page 13 according to United States deed recorded April 22 This is Exhibit "A" referred to in the Grant Decd, sworn before me at the City of Saskatoon, in the Province of Saskatchewan, this 25th day of September, 2017 A Notary Public Being a Solicitor i"2 Or er No. Mao excepting therefrom, all oil, gas and other mineral deposits, together with the right to prospect for, mune, and remove the same, according to the provisions of the Act of Congress approved June 1, 1938 (52 Stat. 609). as reserved in patent recorded December 14, 1959 as Instrument No. 105806, of Patents, records of Riverside County. (APN: 659-230-009 and -010) Parcel 5: The Southeast quarter of the Southeast quarter of the Southeast Quarter of Section 33, Township 3 South, Range 5 East of the San Bernardino Meridian, In the City of Cathedral City, County of Riverside, State of California. (Said land is created and described as Adjusted Parcel B in that certain Certificate of Compliance recorded November 1, 2002 as Instrument No. 02-628165, of Official Records.) (APN: 660-390-024) Page 14 2/2 EXHIBIT B (Map/Illustration) ig sovirifb psoi Ii F ••Qx kit 3.1 �Y 1a °I` 16kir Ph z€ d 1001 14 114 4011 ?Ian l Z a ;13 1i Vi a t V h II !�� !I !IR if if $ i IP s Q 111 I lb Yb �a hi I: 10 11 11 I! 1! ;lit .1 lit ligi g hi IA, fiti!!! !i 14 !ph% !I: bIA 01 hi hi Li a § y 1 a g 3 a s! 5 gg gg 8 N i 11 1 fi ' ;; 1 :! 4 P6 � a a a a ga a/ Ni F �i thi- 11 1 •o ❑moo :5° V=1EEmL'— ' A �1€�§ R� .60 cws .tcocnaos cg DPI • AOzs .,J1� N �-- (oalzr�) mzzri �` TEs 3G41 SVI ft ms rkso *As aOd .6661-n r�'e/Woe �i JO nl M ',ay QV 'M•]b 'M, 2-.6 7W61 '11 2 .0,