HomeMy WebLinkAboutRecorded Doc 2015-021 2015-021 02oi5 - o .2 I
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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
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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
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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
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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.
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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
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EXHIBIT B
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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
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