Loading...
HomeMy WebLinkAboutRecorded Doc 2015-021 2015-021 02oi5 - o .2 I • DOC # 2015-0131567 04/01/2015 02:41P Fee:NC Page 1 of 12 Recorded in Official Records County of Riverside PLEASE COMPLETE THIS INFORMATION Peter Aldana ss Clerk d Assessor, County Cle 8 Recorder RECORDING REQUESTED BY: ffIII I1I��Ill!!IIII 3 II Nachhattar Chandi (Owner) AND WHEN RECORDED MAIL TO: S R U PAGE SIZE DA MISC LONG RFD COPY CITY OF CATHEDRAL CITY-CITY ENGINEER / 0 I 68700 AVENIDA LALO GUERERRO M A L 465 426 PCOR NCOR SMF 6CH(' (- CATHEDRAL CITY,CA 92234 j 2-- rick- Ce 'T: CTY UNI a Covenant for Street Light Maintenance 1 802 Owner: Date Palm Corner.LLC.a Limited Liability Co. Property Address: 27900 Date Palm Drive. Cathedral City. CA.92234 APN: 670-030-001. 033.034. 035 WHEREAS, Date Palm Corner. 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 known as The AM/PM and Dairy Queen complex at 27900 Date Palm Drive within the PROPERTY described herein, the City of Cathedral City ("CITY") requires the project to install one or more CITY and Southern California Edison ("SCE") approved light emitting diode (LED) luminaire of a specified lumen, pole, support arm, control facility, external/internal wiring and all related appurtenances of a specified design to make the LED street lamp and post complete and functional hereinafter referred to as"STREET LIGHT"; WHEREAS, the OWNER is required to install STREET LIGHT for the Property frontage as shown on the Street Improvement Plans, on file with the CITY, hereinafter referred to as"PLANS"; WHEREAS, said STREET LIGHT, installed within the public right-of-way, are part of an Owner coordinated and funded facility with SCE, or any successor or assigns power purveyor; WHEREAS,the Owner is required to coordinate and enter into an "ALL NIGHT- LS- 1"service agreement with SCE,or any successor or assigns power purveyor; WHEREAS, the OWNER is aware that the "ALL NIGHT - LS-1" service agreement with SCE, or any successor power purveyor, requires funding for perpetuity to ensure that STREET LIGHT shown on the PLANS is maintained and energy costs paid for; and that, therefore, are the sole responsibility of the OWNER in accordance with the terms of this Covenant. NOW THEREFORE,OWNER covenants,promises and agrees as follows: 1. OWNER shall pay all SCE fees and invoices for the installation and ongoing maintenance of STREET LIGHT in a timely manner assuring operational performance at all times. As may be requested from time to time by the CITY, the OWNER shall provide the CITY with documentation identifying that the SCE invoice(s) is paid. 2. In the event OWNER or OWNER'S successors or assigns, fails to pay the SCE invoices for the STREET LIGHT operational costs contemplated by this Covenant, within five (5) days of being given written notice by the CITY, the CITY is hereby authorized to cause any payment necessary for the STREET LIGHT's continuous operation and charge the entire cost and expense to the OWNER, or its 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. 3. 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 approvals with respect to the PROPERTY for which the STREET LIGHT had been installed for until such time as OWNER repays the CITY its reasonable costs incurred in accordance with paragraph 2 above. 4. 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. 5. In event of legal action occasioned by any default or action of the OWNER, or its successors or assigns, then the OWNER and its successors or assigns agree 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. 1111111 1111 VIII VIII VIII IIII IIIIII III VIII III)IIII Fi4. �1 20of,1�F41F 6. It is the OWNER that burdens and benefits herein undertaken shall constitute covenants that run with said Property and constitute a lien there against. 7. 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. 8. Time is of the essence in performance of this Covenant. 9. 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 Corner.LLC Attn: City Manager c/o Nachhattar Chandi 68-700 Avenida Lalo Guerrero 90480 66th Avenue Cathedral City,CA 92234 Mecca.CA.92254 10. 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 /Sr day of April c�' ()/S [All owners of record must sign.] OWNER: OWNER: Dat- '. •■ I rner.LLC (0 (Owner's name) at° (Signature) (Signature) Nachhattar Chandi-Managing Member (Name&Title) (Name&Title) 1 111111110111 1110 1110 11111 1111 111111 111 11111 1111 111 ea.Ff11 013 12E'41 F' NOTARY ACKNOWLEDGEMENT 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 of1VPft>; . ) On Apr t I 01 (2015 ,before meEi -trI A r ,a notary public,personally appeared N ad VI ter C 1clflLA ,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 if which the person(s) 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. EII.EEN SALAZAR t�` Commission 2089258 -Qtfrat � 1, Notary Public-Cslifornls �% Riverside County (SEAL) Comm.E 8 201 Signature 11111 10111 11111 1111 04,E'C'i€111.5215:301256471P EXHIBIT A (Legal Description) Lots "A" and "B" of Certificate of Compliance Lot Line Adjustment 2014-469/470 recorded March 26th, 2014 as instrument 2014-0111724, in Official Records of said Riverside County, in the City of Cathedral City, County of Riverside, State of California. APN 670-030-001, 670-030-033, 670-030-034, 670-030-035 11110111111110111111111101111111111101111111111 04. F�li sff_{, 1��'41P • ( 3/ /204e :15P Fee:37.00 Page 1 of 5 Recorded i,+Q Official Records County nerd Larry W Bounty Clerk & Recorder Recorded Return to: ) Militillifill11111111�•SSO,-+When Recor CITY OF CATHEDRAL CITY } CITY CLERK 88700 Avenida Guerrero } Cathedral CA 92234 )i PAGE Ea DA C23 LONG RFD COPY _111111111111114111111111111111111111 6'0 CiEsigigagn 111111=022 en CERTIFICATE OF COMPLIANCE 14-469 LOT LINE ADJUSTMENT No. 2 4 (Government Code$c.66499 d51 8i 4 (Government Code WHEREAS, an application for Lot Line Adjustment No.2014-470,parcels,e adjustment cted at the 1NHER , property lines between the following described two(2) of catedral City, was northeast corner of Date Palm Drive and Date Pa m, in Gome��LG, a California�m�� received by the City of Cathedral City Liability Company,the record owner of the said parcels: i "A" of Lot Line Adjustment No. 2010-459, as described n the Certificate lci f Parcel , Compliance recorded on March 11, 2010, as Instrument Records of Riverside County, California(APN 670-030-001, 028, and 030); and Parcel "B of Lot Line Adjustment No. 2010-459, as Na r�14 n the 8 if Official of Compliance recorded on March 11, 2010, as instru Records of Riverside County, California (APN 670-030-029); and WHEREAS, a legal description of the two parcels, as adjusted, marked Exhibit "A", is attached hereto and made a part hereof; and WHEREAS, a sketch of the two parcels, as adjusted, marked Exhibit "B", is attached hereto and made a part hereof; and WHEREAS, said application has been duly reviewed in accordance with the Municipal Code of the City of Cathedral City. NOW,THEREFORE, Lot Line Adjustment No.21014-47 0 a(described arce��described as Exhibit"K and Exhibit"B"is hereby approed, legal parcels, Parcel A and Parcel B in sad Exhiibit"A" , are hereinafter designated as P entitled to such rights and privileges 1 11111111111111 VIII 1111101111110111111111101111 Fi4r O1/ 11.3 2 4 1 P This Certificate of Compliance relates only to issues of compliance or noncompliance with the Subdivision Map Act and local ordinances enacted pursuant thereto. The two(2)new adjusted parcels described herein may be sold, leased, or financed without further compliance with the Subdivision Map Act or any local ordinance enacted pursuant thereto. Development of the parcels described herein ortheirfurther subdivision or adjustment may require issuance of a permit or permits, or other grants of approval. The two parcels described herein may not be divided or adjusted further without compliance with the Subdivision Map Act and the provisions of the Cathedral City Municipal Code. Dated: _ ? .,2 G/ , 2014 REVIEWED: APP •VED: William Simons, F.E. A City Engineer City / 11 • i City of Cathedral City - I Pat Milos, By: �f�-- Director of Community Development David R. Faessel, RCE 18731 City of Cathedral City Engineering Division As delegated by the City Engineer pursuant to Government Code Sec. 66416.5(c) Q; ' S ATTEST: tP No. 1$731 Tracey R. Martinet, CIVIC Clvt'.- Deputy City Clerk wiat of City of Cathedral City Attachment: Exhibit A: legal descriptions Exhibit B: sketch 2 ` 11111 + 1 111111111111101 1111 IIII ill 2014 0111?24 93/26 x4 84,15P 1111111111111111111111111111111111111111111111111111111 F4.cFi115 F ,f 15h41F' EXHIBIT "A" LOT LINE ADJUSTMENT 2014 — 470 LOT A LEGAL DESCRIPTION LOT A ALL OF THAT REAL PROPERTY IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, IN SECTION 3, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO BASE AND MERIDIAN. DESCRIBED AS PARCEL AND 63, OFFICIAL PARCEL 2 OF PARCEL MAP NO. RIVERSIDE COUNTY MORE 22770, PARTICULARLY 149 PACES 62 Y DESCRIBED BED AS FOLLOWS: OWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 3; THENCE N 89' 38' 25" E, ALONG THE SOUTHERLY LINE OF SAID SECTICW 3, A DISTANCE OF 65.38 FEET, TO THE EASTERLY RIGHT OF WAY PROLONGATION OF DATE PALM DRIVE; THENCE N 05' 20' 00" E, A DISTANCE OF 82.88 FEET, TO THE TRUE POINTOFEEG/dVN/NG; THENCE CONTINUING N 05' 20' 00" E ALONG THE EAST LINE OF DATE PALM DRIVE, A DISTANCE OF 265,46 FEET TO THE SOUTHERLY POINT OF INSTRUMENT NO. 2010-0266565, RECORDED ON JUNE 10, 2010; THENCE N 16' 08'37" E, ALONG THE EASTERLY LINE OF SAID INSTRUMENT NO. 2010-0266565, A DISTANCE OF 153.33 FEET, TO THE SOUTHWESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY; THENCE S 54' 38' 09" E ALONG THE SOUTHWESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY, A DISTANCE OF 11.78 FEET, TO THE WEST LINE OF PARCEL I OF PARCEL MAP WAIVER NO. 01-303, RECORDED AS INSTRUMENT NO. 2001-057791 OFFICIAL RECORDS OF RIVERSIDE COUNTY THENCE S 03' 55' 22" W, ALONG THE WEST LINE OF PARCEL 1 OF PARCEL MAP WAIVER NO. 01-303, A DISTANCE OF 111,15 FEET, TO THE SOUTHWEST CORNER OF SAID PARCEL MAP WAIVER NO. 01-303; THENCE N 89' 38' 25" E ALONG THE SOUTHERLY LINE OF PARCEL I OF SAID PARCEL MAP WAIVER NO. 01-303, A PERPENDICULAR FROM THE SOUTHWESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY LINE AS SHOWN ON SAID PARCEL MAP NO. 22770; THENCE S 54' 38' 09" E, AND PARALLEL WITH THE SOUTHWESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD , RIGHT OF WAY, A DISTANCE OF 70.78 FEET THENCE S 00' 20' 12" E, A DISTANCE OF 278.60 FEET, TO THE SOUTHERLY LINE OF PARCEL 2 OF SAID PARCEL MAP NO. 22770; THENCE S 89' 38' 25" W, ALONG THE NORTH LINE OF VISTA CHINO DRIVE A DISTANCE OF 233.47 FEET; THENCE N 29' 18' 02" W, A DISTANCE OF 30.25 FEET, TO THE TRUE PONT( BEGNN/NG. . THE ABOVE DESCRIBED LOT CONTAINS AN AREA OF 76,322.15 SQ. FEET (1.75 AC) IS SUBJECT TO ANY EASEMENTS OF RECORD, AND EXHIBIT "8" IS TO BE ATTACHED AND MADE A PART THEREOF. vol. LAA0 ' MARCH 18, 2014 n LS Iva_ 8223 SI �.������� DATE * EXPIRATION DINE L i R. �►' LS 8223,E- + •15 cl+), 6-30-2015 e q- 1,,, -4' eikL‘F APN 670-030-001 & 670-030-030 PORTION OF 670-030-028 & 670-030-029 1111111 111111l4111111 111 a�ga®f1572'4sP 111101110111 VIII VIII VIII 1111111111 III VIII IIII IIII R4r RIl 8F116,92241F • EXHIBIT "A" LOT LINE ADJUSTMENT 2014 - 470 LOT B LEGAL DESCRIPTION LOT B ALL OF THAT REAL PROPERTY IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, IN SECTION 3, TOWNSHIP 4 SOUTH, RANGE 5 EAST SAN BERNARDINO BASE AND MERIDIAN. DESCRIBED AS A PORTION OF PARCEL 2 OF PARCEL MAP NO. 22770, AS FILED IN PARCEL MAP BOOK 149 PAGES 62 AND 63, OFFICIAL RECORDS OF RIVERSIDE COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 3; THENCE 89' 3 € TO THE SOUTHWESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY AS SHOW N ON SAID PARCEL MAP NO. 22770; THENCE N 54' 38' 09- ALONG T SOUTHWESTERLY �';DUTHERN PACIFIC RAILROAD RIGHT OF WAY, A DISTANCE OF 95.91 FEET TO THE 7AtlEPDINT Of BEGIN�N THENCE S 89' 38' 25" W, ALONG THE NORTH LINE OF VISTA CHINO DRIVE A DISTANCE OF 430.30 FEET; THENCE N 00' 20' 12" W, A DISTANCE OF 278.60 FEET, TO A POINT BEING 25.00 FEET DISTANT SOUTHWESTERLY WHEN MEASURED PERPENDICULARLY FROM THE SOUTHWESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY LINE AS SHOWN ON SAID PARCEL MAP NO. 22770; THENCE N 54' 38' 09" W, AND PARALLEL WITH THE SOUTHWESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY LINE, A DISTANCE OF 70.78 FEET, TO THE SOUTHERLY LINE OF PARCEL 1 OF PARCEL MAP WAIVER NO. 01-303, RECORDED AS INSTRUMENT NO. .2001-057791 OFFICIAL RECORDS OF RIVERSIDE COUNTY THENCE N &9 25" MAP N A DISTANCE OF 42.2 FEET, TO THE SOUTHWESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT OP WAY LINE; THENCE S 54' 38' 09" E, ALONG THE SOUTHWESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY, A DISTANCE OF 547.94 FEET, TO THE TRIJEPOINTOFBEGINNING. THE ABOVE DESCRIBED LOT CONTAINS AN AREA OF 67,674.69 SQ. FEET (1.55 AC) IS SUBJECT TO ANY EASEMENTS OF RECORD, AND EXHIBIT "B" IS TO BE ATTACHED AND MADE A PART THEREOF (4LLAND Q LS No. 8223 ml � e �IARCf� 7$. 2074 * LS DAM err R BEVERL I DATE ;P 66 NI- L 82 PORTION OF APN 670-030-028 PORTION OF APN 670-030-029 111111311111111111111 111 x@14-92lg 93�6lE814 64?24+35P I 111111 1111111 1111 11111 11111 III IIIIIUII 11111 III! HI R4.C:+119f4cf3 152:41P a et S ca 0 0 0 0 o v a N ' ``�`' ° N h h coo ao N N O I NbAt tiV N3 to W r. co at ,.. .� ,N. .,. �� �t c, �"'" ( a kl / i A CN"ca. , 'zz-e5. c..) , ,...„..y 71, r*-- 1 -_. F..., z RI)*IX ,C,C1 Nsi ''''C L—t- 4.4 qa ` "'l r� .. i v Cat 4J I v, 01 "c O ..N.rni 41 I to 44 I•t: E; 1/4' f tb Os I 1C\I Li aZ VO N h d I z vl. . >. E..4 O _ i co LA• -J •-.t ,c__..ID t s •••-• '''..1 4.1 h.1 j `' / Q °zw t � ' I cr, o 0 "4 ,U9 8LZ 3aZl ,OZ .0S . Q: _ - a`� ��� _ a cgi.£8'6If 3.3f ,1Z .OSg- --�^ ; I c� zUa °' �,..a R�� N �f;-4- x,11 O N a'� t� 0 C� :L'�E�V '� c ° 67 pis, ' 1 2IAA coc IIP:""‘ '1 5 cs as frc'191 ' '` z '� 1 sn .g ce L.t ct et • t 4°�1 .B I S 4,00 p SrV .8828 $� .... CO o f i i� 0oLL'.1b�x ,3Th 3U81 ,g' .ON i1iliUfihIlIIllU - 8hIIIIIW1II 83 6/30 fl 5 l5P 1111111111 E1'1.4111i 14:c5'`41F EXHIBIT B (MaWWIltustrationl Hilifi IIIIill VIII 11111 11111 1111 111111 III 111111 111 1111 ri4.�F11 11 1 f9 1241E 12/6/2014 Riverside Curly GIS AMPM AND DAIRY QUEEN , -, ,. - . ,- , .; `•R.. Y — � A °sue i4 A ~ N`Y,te M�.a City of �'` v Cathedral City VISTA CHINO i i l $ ___-_,j z AD EL INA RD j '`- 'cc; 0. ._ _' .i W I 'NI 1 Y ..-.`. '¢ , I 1., - 1 :O. I 1 ----I qr i ` ' ur ...,.... p 392 Feet Riverside County TLMA GIS ' , Selected parcel(s): 670-030-001 670-030-033 670-030-034 670-030-035 IMPORTANT* Maps and data are to be used for reference purposes only.Map features are approximate,and are not necessarily accurate to surveying or engineering standards.The County of Riverside makes no warranty or guarantee as to the content(the source is often third party),accuracy, timeliness,or completeness of any of the data provided,and assumes no legal responsibility for the information contained on this map.Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. REPORT PRINTED ON...Sat Dec 06 2014 16:25:59 GMT-0800(Pacific Standard Time) -'rersion 131127 IIIIII IIIIIII VIII VIII VIII 11110111101111111111111 Fi}.fl 1 1 of N141F' 1!1 WA....MI*,eAw ory n m riTi an ,v tia rivPrc ide.ca.uS/web8itelrcliS/MapFrame.htm