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HomeMy WebLinkAboutRecorded Doc 2015-022 2015-022 o2o; 5 - oaa DOC # 2015-0131568 04/01/2015 02:41P Fee:NC Page 1 of 13 PLEASE COMPLETE THIS INFORMATION Recorded in Official Records County of Riverside RECORDING REQUESTED BY: Peter Aldana de Assessor, County Clerk & Recorder NachhattarChandi III IIIIIIII IIIIIII H 1111111 I IIII I III (Owner) AND WHEN RECORDED MAIL TO: CITY OF CATHEDRAL CITY-CITY ENGINEER S R U PAGE SIZE DA MISC LONG RFD COPY 68700 AVENIDA LALO GUERERRO 1 /3 / CATHEDRAL CITY,CA 92234 EXAM M A L 465 426 PCOR NCOR SMFOkHG A � r; �� �T: CTY UNI U' J - / Covenant for Water Quality Management Plan and Urban Runoff Best Management Practices Transfer,Access and Maintenance 802 Owner: Date Palm Corner. LLC.a California 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") 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. 1 1111111111111111111111111W 1111 111111 III 11111 1111 1111 63 4,FFli 7'` f'3i5h41 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 Corner. LLC Attn: City Manager c/o Nachhattar Chandi 68-700 Avenida Lalo Guerrero 90480 66th Avenue Cathedral City, CA 92234 Mecca. CA. 92254 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. I II III I III 11111 hIll hill!1111 111111 III 11111 tIll till '615-C1131568 04. 01 IN WITNESS HEREOF, the parties hereto have affixed their signatures as of this /St day of flpr i l ;WE S [All owners of record must sign.] OWNER: OWNER: Dates- it, I -r. LLC — (0 ) (Owner's name) diPt■ (Signature) (Signature) Nachhattar Chandi-Managing Member (Name&Title) (Name&Title) I II IIIIIII IIII)IIIII IIIII 1111 1111 III IIIII IIII IIII 04,.01'r,07 F1 '13141 P 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 of t2tver6lci-e ) On t-tprt 0f (W.)1,5 ,before me (ctrl ,a notary public,personally appeared NaCVti'iQ. ( Chan 41 ,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. EILEEN SALAZAR Commission#�2089258 • Notary Public-California ■. Rlverslde County i/L '� (SEAL) Comm.Ex fires Nov 8,2018 Signature 11111111111111111111111011110 111111101111 04:F71>5 F�f, 15F.41F' 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 1 04:fl11 EFi1f.7 12541E • DOC # 2014-0111724 03/20/2014 04:15P foe:37.00 Page 2of6 pscorded in Offaeial Records County of Rivtrs3de Larry W. Ward Assessor, County Clerk & Recorder When Recorded Return to: } ` !111111111111111111 CITY OF CATHEDRAL CITY } CITY CLERK 68700 Avenida al G r ro } Cathedral City, } C1111211 10®=�� O CERTIFICATE OF COMPLIANCE 31 50 �{�;- LOT NO.2014469 OT LINE ADJUSTMENT (Government Code Sec.66412d) 814 (Government Code Sec.66499.35) of WHEREAS, an application for Lot Line Adjustment No. 2014-470, for the mated anthe property lines between the following described two(2) adjoining parcels, northeast corner of Date Palm Drive and Vista Date e Pa Chino, in the cathedral�ifarr�ia City,l.imited received by the City of Cathedral City Liability Company,the record owner of the said parcels: Parcel "A", of Lot Line Adjustment No. 2010-459, deNsocriib Oin1the Certificate Official f Compliance recorded on March 11, 2010, as Instrument Records of Riverside County, California(APN 670-030-001, 028, and 030); and of Parcel "B", of Lot Line Adjustment No. 2010-459,rti as described r2Q10ia113918, in Official Compliance recorded on March 11, 2010, as Records of Riverside County, California(APN 670-03q-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: a WHEREAS, said application has been duly reviewed In accordance with the Municipal Code of the City of Cathedral City. NOW,THEREFORE, Lot Line Adjustment ed, and the two(2) parcels,s described as Exhibit"A" and Exhibit B is hereby approved, l parcels, Parcel A and Parcel B in said Exhibit"A" , are hereinafter designated as lega p entitled to such rights and privileges as are accorded them by law. I 111111 1111111 1111 1111 111111111 111111 III 1111 1111 @4. 5l f 1 I F 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 or their further 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: _ 3/,/�/ , 2014 REVIEWED: APPRsVED: William Simons, P.E. ,r►, City Engineer �`s /f, City of Cathedral City Pat Milos, By: 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) 1 1- �.l ATTEST: �Q ••� - o !!o. 18731 r` ' Tracey R. 'rtine CIVIC k P d-3tt-�3" Deputy City Clerk of ertat, City of Cathedral City Attachment: Exhibit A: legal descriptions Exhibit B: sketch 2 111111 t 1 IIll 1!1 liii {' 11111 II 21 4 $4215P MIN 11011010 1113 101 10111 III 0111 IIIf IIII 04: 11j11 8 fj1f,13541P EXHIBIT "A" LOT LINE ADJUSTMENT 2014 - 470 LOT A LEGAL DJSCRIPTION 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 EASE AND MERIDL4N DESCRIBED AS PARCEL 1 AND 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 N 89' 38' 25" E, ALONG THE SOUTHERLY LINE OF SAID SECTION 3, A DISTANCE OF 65.36 FEET, TO THE EASTERLY RIGHT OF WAY PROLONGATION OF DATE PALM DRIVE; THENCE N 0.5' 20' 00" E, A DISTANCE OF 82.88 FEET, TO THE TRUE POINTOfBEGNNNG; 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; Tl4ENCE E 54' 38' 09" 1, ALONG THE SOUTHWESTERLY LINES Of THE SOUTHERN PAGIfIG WLI Qr1O WIT OF WAY, A DISTANCE OF 11.78 FEET, TO THE WEST LINE OF PARCEL 1 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 I 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 DISTANCE OF 119.59 FLU 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 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 TRLIE PO/NT OfBEGINNING. 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 '$" IS TO BE ATTACHED AND MADE A PART THEREOF. ,/4LL \AND MARCH 18, 2014 a LS No. 8223 17 1W 1 � DATE # EXPIRATION DATE LS 8223E #15 s� -30-2015 OP CALF APN 670-030-001 & 670-030-030 PORnON OF 670-030-028 & 670-030-022 1 11111111 N14-6111724 fa/Ea/0014 04 t5P X11 1111111 ALIT 1111 ALIT 1111 111111 HILT 110 X11 Fi4 1151 f;,.741P • • 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 SASE AND MERIDIAN. DESCRIBED AS A PORTION RECORDPARCEL OF RIVERSIDE ECOUNTYMMORE PARTtCtILARLLDY DESCRIBED AS�FOLLOWS:149 PAGES 62 AND 63, OFFICIAL BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 3; THE SOUTHWESTERLY LINE OF TE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY AS SHOWN ON 829.85 AID PARCEL O MAP NO. 22770; THENCE N 54' 38' 09" W, ALONG THE SOUTHWESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY, A DISTANCE OF 95.91 FEET, TO THE TRUE PO/NT OFBEGINNING; THENCE 5 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 278.600 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 COUNT"; THENCE N 89' 38' 25" E, ALONG THE SOUTH LINE OF PARCEL I OF SAID PARCEL MAP WAIVER NO. 01-303, A DISTANCE OF 42.82 FEET, TO THE SOUTHWESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT OF 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 TRUE POINTOFBEGINNING. 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 too• LAIy� G P4 ‘' 1 a LS No. 8223 \ die M.4RCi! t$, 2014 # EXPIRRTI4N DATE L'rra R BEYERL'��` DATE fi3a 21315 `Q- LS C} - i i�r 115 PORTION OF APN 570-030-028 PORTION OF APN 670-030-029 I ": 111111111 1111 1111M 6 11 1? ‘i5P t 111111111110111000111101111111III111111IIIIIII 04,01' -215�ic*1z I l c_9 o 0 0 o o N o "^', A. N N o cv b r " 8 / a co 4 '1 1 Co M M M M "] . crass :II to / >-. et V `t! V tf g.63 , cy -, to er i f vii Cs VI Cl C..s N t\ LO uN-s co co N(16 06 Iii f N O D4 tNi s .... to � a Is,. _ m 1 © ■ N,J J J ...t .,.1 f 1 1 . / 1 ,^� l `� ' 4 t , � o ""'"'"Illik— X "--€EiE ! �, t 1 0 w ! / Cat, ° `f 't=.... 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F 4 { ` I 771; T-�— f -`emu'' r i ' i I l 4j� :x ADELINARD ? j `"'wj r--7°i I i I` 1 f -- 1 i I !. i ,I f I i i i i W �` ± 0 59?Feet Riverside County TLMA GIS 1 , 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) .'version 131127 II liii 1111111111 111111 �4: Ft1 Fits 11FatF' http://timabid5.agency.tlma.co.riverside.ca.us/website/rclis/MapFrame_htm 1/1