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RECORDING REQUESTED BY:
2019-0053510
02/15/2019 02:25 P11 Fee: $ 32.00
(Owner) Page 1 of 7
Recorded in Official Records
AND WHEN RECORDED MAIL TO: County of Riverside
Peter Aidana
CITY OF CATHEDRAL CITY-CITY ENGINEER Assessor-County Clerk-Recorder
68700 AVENIDA LALO RO
CATHEDRAL CITY,CAA 92234 92234
Covenant for Water Quality Management Plan and Urban Runoff
Best Management Practices Transfer,Access and Maintenance
Owner:
7-ELEVEN, INC.
Property Address: 69123 RAMON RD, CATHEDRAL CITY, CA 92234
APN: N/A, INDIAN LEASE LAND
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WHEREAS, /'"EkV-et't :rn ("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
1-E/ester 44- 661W) !Lamm gd, 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.
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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 I
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 1
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.
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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 1
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 `7-E1P.v ,Tric .
Attn: City Manager 3d.0O Uackbe7ry ADA4
68-700 Avenida Lalo Guerrero $rviry 1? cc{S / �p
7 ,
Cathedral City,CA 92234 tlalfo'G 1 — 6033
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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. 3
{
IN WITNESS HEREOF, the parties hereto have affixed their signatures as of
this u` day of "P°i.60,-w)-`) (2-‘)t
[A11 owners of record must sign.]
OWNER: OWNER:
(Owners name) (Owner's name)
G2 E✓' 6-04__
SSS'Ccefr ���
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(Company) (Company)
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NOTARIES ON FOLLOWING PAGES
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I ACKNOWLEDGMENT _.
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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.
I State of California }
County of d rr,,,..y r }
On 2 -y"2°' ti before me, 'Ii 7,-,44-(... ti�7 r�o „y p„b�,r ' .
(here insert name and title of the officer)
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personally appeared rr�''1< 6.4, F''" •
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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 of which the 1
person(s) acted, executed the instrument. 1
I certify under PENALTY OF PERJURY under the laws of the State of California that the P
foregoing paragraph is true and correct.
WITNESS my hand and official seal,
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' Signature
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EXHIBIT A
(Legal Description)
REAL PROPERTY IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 1:
THAT PORTION OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST
ONE-QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN
BERNARDINO BASE AND MERIDIAN, RIVERSIDE COUNTY, STATE OF CALIFORNIA, AS
SHOWN BY RECORD OF SURVEY, ON FILE IN BOOK 76, PAGE 26 OF RECORDS OF
SURVEY, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWESTERLY CORNER OF SECTION 22 AS SHOWN BY SAID
RECORD OF SURVEY; THENCE NORTH 89° 59'24" EAST, ALONG THE NORTHERLY LINE
OF SAID SECTION, SAID LINE ALSO BEING THE CENTERLINE OF RAMON ROAD, A
DISTANCE OF 291.33 FEET; THENCE SOUTH 0° 00' 36" EAST, PERPENDICULAR TO THE
NORTHERLY LINE OF SAID SECTION, A DISTANCE OF 40.00 FEET TO THE SOUTHERLY
RIGHT-OF-WAY LINE OF RAMON
ROAD AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 0° 00' 36"
EAST, ALONG SAID LINE, A DISTANCE OF 215.00 FEET; THENCE SOUTH 89° 59'24"
WEST, A DISTANCE OF 250.39 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF DATE
PALM DRIVE, SAID LINE BEING PARALLEL AND 40.00 FEET EASTERLY FROM THE
CENTERLINE OF DATE PALM DRIVE AND THE WESTERLY LINE OF SAID SECTION;
THENCE NORTH 0° 13' 13" WEST, ALONG SAID LINE A DISTANCE OF 215.00 FEET TO
THE SOUTHERLY RIGHT-OF-WAY LINE OF RAMON ROAD; THENCE NORTH 89° 59' 24"
EAST, ALONG SAID LINE A DISTANCE OF 251.18 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL 2:
A NON-EXCLUSIVE EASEMENT FOR VEHICULAR AND PEDESTRIAN TRAFFIC, UPON,
OVER AND ACROSS THAT PORTION OF THE SERVICE DRIVE LOCATED ON SAID LAND,
AS SET FORTH IN THE SERVICE DRIVE AGREEMENT DATED JANUARY 26, 1990 AND
RECORDED JUNE 14, 1990 AS INSTRUMENT NO. 90-220229 OF OFFICIAL RECORDS.
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EXHIBIT B
(Map/Illustration)
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RAMON ROAD
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