Loading...
HomeMy WebLinkAboutRecorded Doc 2021-044 2°21-- Oyy DOC #2021-0257562 04/26/2021 12:38 PM Fees: $0.00 Page 1 of 6 Recorded in Official Records County of Riverside Peter Aldana Assessor-County Clerk-Recorder RECORDING REQUESTED BY: • **This document was electronically submitted (Owner) to the County of Riverside for recording" Receipted by:TERESA#134 AND WHEN RECORDED MAIL TO: City of Cathedral City Attn: City Clerk 68700 Avenida Lalo Guerrero Cathedral City CA 92234 COVENANT FOR PROPERTY MAINTENANCE Owner: A0685 Cathedral City, LP A California Limited Partnership Property Address: 30600 Landau Blvd., Cathedral City CA 92234 Assessor Parcel: 678-060-001 through 005„and 049, 050 and portion of 052 WHEREAS, A0685Cathedral City, LP, ("Owner") owns real property ("Property") in the City of Cathedral City, County of Riverside, State of California, described as: Parcel "A" of City of Cathedral City Lot Merger/Lot'Line Adjustment No. 2020-529, as described in the Certificate of Compliance recorded on January 25, 2021, as Instrument No. 2021-0048173, in Official Records of Riverside County, 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; and WHEREAS, at the time of initial approval of a development project known as ' Veterans Village, City Design Review Case No. 18-002., by the City of Cathedral City Planning Commission on November 28,2018, within and upon the PROPERTY described herein, the City of Cathedral City ("CITY") Conditions of Approval required the project to employ certain maintenance practices on the Property and to execute and record a Covenant to that effect; and WHEREAS, the OWNER is aware that such maintenance practices and continuous maintenance are required to minimize pollutants in urban runoff, to minimize other adverse impacts of urban runoff, and to comply with all local, state , or federal laws and regulations, including, but not limited to the Clean Water Act, National Pollutant Discharge Elimination System (NPDES) storm water permits, and those pertaining to confined space and waste disposal methods, in effect at the time such maintenance occurs; and RECORDING REQUESTED BY: (Owner) AND WHEN RECORDED MAIL TO: City of Cathedral City Attn: City Clerk 68700 Avenida Lalo Guerrero Cathedral City CA 92234 COVENANT FOR PROPERTY MAINTENANCE Owner: A0685 Cathedral City, LP A California Limited Partnership Property Address: 30600 Landau Blvd., Cathedral City CA 92234 Assessor Parcel: 678-060-001 through 005, and 049, 050 and portion of 052 WHEREAS, A0685Cathedral City, LP, ("Owner") owns real property ("Property") in the City of Cathedral City, County of Riverside, State of California, described as: Parcel "A" of City of Cathedral City Lot Merger/Lot Line Adjustment No. 2020-529, as described in the Certificate of Compliance recorded on January 25, 2021, as Instrument No. 2021-0048173, in Official Records of Riverside County, 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; and WHEREAS, at the time of initial approval of a development project known as Veterans Village, City Design Review Case No. 18-002, by the City of Cathedral City Planning Commission on November 28, 2018, within and upon the PROPERTY described herein, the City of Cathedral City ("CITY") Conditions of Approval required the project to employ certain maintenance practices on the Property and to execute and record a Covenant to that effect; and WHEREAS, the OWNER is aware that such maintenance practices and continuous maintenance are required to minimize pollutants in urban runoff, to minimize other adverse impacts of urban runoff, and to comply with all local, state , or federal laws and regulations, including, but not limited to the Clean Water Act, National Pollutant Discharge Elimination System (NPDES) storm water permits, and those pertaining to confined space and waste disposal methods, in effect at the time such maintenance occurs; and WHEREAS, the OWNER is desirous of recording covenants against the PROPERTY to assure such maintenance. NOW THEREFORE, OWNER covenants, promises and agrees as follows: 1. To be responsible for and to perform regular and continuous cleanup and removal of all blow sand, debris, trash, rubbish and other deleterious materials from the PROPERTY, including all street, highway and alley frontages of the PROPERTY, and all gutters, gutter pans, sidewalks, parkways, planters, driveways, parking lots, drive aisles, drains, interceptors, basins, and facilities and other areas within and abutting the PROPERTY. 2. To provide the City and/or its designee complete access, of any duration , to the PROPERTY, as described herein, at any time, upon reasonable notice, or with no advance notice in the event of emergency, as determined by CITY, for the purpose of inspection for compliance with the terms of this Covenant. 3. In the event OWNER, or its successors or assigns, fails to accomplish the necessary maintenance contemplated by this Covenant within ten (10) 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 of such maintenance to the OWNER or OWNER'S successors or assigns, including administrative costs, attorney fees and interest thereon at the maximum rate authorized by the State of California Civil Code, from the date of the notice of expense until paid in full. 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 shall also constitute 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 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. 6. It is the OWNER's desire that the 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, agents, lessees, renters, tenants and assigns. OWNER shall notify any successor to title of all or part of the PROPERTY and any renter, lessee or tenant about the existence of this Covenant and its requirements. OWNER shall provide such notice prior to such successor obtaining an interest in all or part of the PROPERTY. 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 A0685 Cathedral City, LP Attn: City Manager 2000 E. Fourth Street, Ste 205 68-700 Avenida Lalo Guerrero Santa Ana CA 92705 Cathedral City, CA 92234 Attn: John F. Bigley 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 OWNER has affixed its signature as of this 251 day of r--e/ff uR1e y , 202 ; . OWNER: A0685 Cathedral City, LP A California Limited Partnership By: A0685 Cathedral City Holdings, LLC A California Limited Liability Company Its: General Partner n By: ,dry -.,- < 44_____R n F. Bigl Manager Attachments: Exhibit "A" Legal Description of PROPERTY Exhibit "B" Vicinity Sketch of PROPERTY (all signatures must be properly acknowledged before a Notary, with acknowledgment attached hereto) 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. j ____ State of California County of ORANGE} ss. On tcJrv��j Z.T � before me, Cesar Delgado, NotaryPublic appeared ..101-. k ‘714-1 3 personally who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. I cederENALTY OF PERJURY under the laws of the State of California that the fort-ening aragraph is true and correct. ITN S my hand and official seal. :� ...if Signature • C CESAR DELGADO \ Notary public•California1 ) Orange County Commission N 2334228 My Comm.Expires Sep 23,I024 EXHIBIT"A" LEGAL DESCRIPTION OF PARCELS AS MERGED/ADJUSTED PARCEL A LOT MERGER/LOT LINE ADJUSTMENT NO.2020-529 All of Lots 101 through 107 and a portion of Lot 108 inclusive as shown by Assessors Map No. 46 on file in Book 2 Page 3 of Assessor's Maps,in the Office of the County Recorder of Riverside County,in the City of Cathedral City,State of California, lying within the Northwest quarter of the Southwest quarter of the Northwest quarter of Section 16,Township 4 South, Range 5 East,San Bernardino Meridian,more particularly described as follows: COMMENCING at the Northeast Corner of Lot C as shown by Tract No. 26424 on file in Book 257 Pages 49 and 50 inclusive records of said County,said point also being the Southeast Corner of Lot 110 as shown on said Assessor's Map; THENCE along the North line of said Lot C of said Tract Map and South line of said Lot 110 and subsequent Lots 109 and 108 of said Assessor's Map,North 89°27'13"West,a distance of 174.56 feet to the TRUE POINT OF BEGIrNNING; THENCE continuing along said line and South line of subsequent descending Lots 107 through 101 inclusive North 89°2713"West,a distance of 447.85 feet to a point on the Easterly Sideline of Landau Boulevard(40.00 foot half width Right of Way) as shown on said Assessor's Map said point also being the Southwest corner of said Lot 101; THENCE along said Easterly Sideline and West Lot line,North 00°08123"East,a distance of 632.52 feet to the Southerly Sideline of Frank/Vega Road(30.00 foot half width Right of Way) as shown on said Assessor's Map said point also being the Northwest corner of said Lot 101; THENCE along said Sideline and North line of said Lot 101 and subsequent Lots 102 through 108, South 89°34'59"East,a distance of 452.34 feet to a point being 169.90 feet distant from the Northeast Corner of said Lot 110; THENCE South 00°32'47"West,a distance of 633.52 feet to the TRUE POINT OF BEGINNING. Containing 6.541 acres,more or less. //f� R/W PER ASSESSOR'S NSB 213 MAP NO. �}6 AMB 2/3 -- t42 ( la 2 VEDA ROAD/FRANK ROAD bi _ _� N V10 / i i S 89'34'59"E j 45234' 8934'5•'E � + } ! ! PROPERTY � �ss.�o tt G O Q J I LINE all W i � i � E I ��A � � �'� I �� � m o : aj ® IC QP fg•N rCO ! QP n g fQ � ! I I It I 3 m z i 40' b0 I I J I 5 , c.- I J Ib ;� c.)7N) 0) *) 3-) . ) a ) y � ' 8I �, �'® rQ (® � © @ � P I J Jcp, J P Q c I B= a © &=' 0I D=. I . I © i I ° I @ J © I © J .4 J © . 1 N 8527'13"W'j 44TB5'�1 �l 89'2i'f3°W�I fT45b' r0 -( V 1 j - N8527/1 W 56 1'I sa�.4r o CORIA ROAD R/W PER INST, N0. 134236 ; POC PARCEL A -' 1,1 k RECORDED JUNE 10,1986 0.R. TPOB PARCEL A- P08 PARCEL B THE N/E CORNER MACCALLUM WAYLAND 6,04, OF LOT•c° to m . \,1AM Rgi, �C`� PER MB 257/49-50 rn 880 0 11 kl' SCALE: 1"-= 100' Cr(AM LEGEND 100 "° Q INDICATES EXISTING 0 100 200 PROPERTY LINE R 1770 IOwAAVENUE-SUITE 100 EXHIBIT SB" C VvErtsro�,cA 92so7 CITY OF CATHEDRAL CITY (FAX)92.0707 LOT LINE ADJUSTMENT FNCY EERiNO COMPANY (FAX)951.782.0723 CASE NO. 2020-529 SCALE;1"= 100'[DATE: NOV. 6, 2020 \\ n.rlcksna.ocm\oroiects\C_RIV_G\17890\SUrveV\Easoments\1T890_LLA.dgn PLOT DATE: D6-NOV-2020 JN 17890