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HomeMy WebLinkAboutRecorded Doc 2021-045 2'07/ (lc DOC # 2021-0257563 04/26/2021 12:38 PM Fees: $0.00 Page 1 of 7 Recorded in Official Records County of Riverside PLEASE COMPLETE THIS INFORMATION 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-CITY ENGINEER 68700 AVENIDA LALO GUERERRO CATHEDRAL CITY,CA 92234 • Covenant for Street Light Maintenance Owner: A0685 Cathedral City, LP A California Limited Partnership Property Address: 30600 Landau Blvd., Cathedral City CA 92234 APN: 678-060-001 through 005, and 049, 050 and portion of 052 WHEREAS, A0685 Cathedral 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 January25, 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 development project know as Veterans Village, City Design Review Case No. 18-002, by the City of Cathedral City Planning Commission on November 28, 2018, within the PROPERTY described herein, the City of Cathedral City ("CITY") Conditions of Approval require the project to install six (6) City and Southern California Edison ("SCE") approved light emitting diode (LED) luminaires, on its street frontages as follows: Two(2)City standard 22000 lumen LED arterial street lights on Landau Boulevard; Two (2) City standard 7500 lumen LED residential street lights on Vega Road; and Two (2) City standard 7500 lumen LED residential street lights on Corte Road; i i PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: (Owner) AND WHEN RECORDED MAIL TO: CITY OF CATHEDRAL CITY-CITY ENGINEER 68700 AVENIDA LALO GUERERRO CATHEDRAL CITY,CA 92234 Covenant for Street Light Maintenance Owner: A0685 Cathedral City, LP A California Limited Partnership Property Address: 30600 Landau Blvd., Cathedral City CA 92234 APN: 678-060-001 through 005, and 049, 050 and portion of 052 WHEREAS, A0685 Cathedral 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 development project know as Veterans Village, City Design Review Case No. 18-002, by the City of Cathedral City Planning Commission on November 28, 2018, within the PROPERTY described herein, the City of Cathedral City ("CITY") Conditions of Approval require the project to install six (6) City and Southern California Edison ("SCE") approved light emitting diode (LED) luminaires, on its street frontages as follows: Two (2) City standard 22000 lumen LED arterial street lights on Landau Boulevard; Two (2) City standard 7500 lumen LED residential street lights on Vega Road; and Two (2) City standard 7500 lumen LED residential street lights on Corta Road; Together with poles, support arms, control facility, external/internal wiring, conduit, pull boxes, and all related appurtenances of a specified design to make the LED street lamps and posts complete and functional, hereinafter referred to as "STREET LIGHTS"; and WHEREAS, the OWNER is required to install STREET LIGHTS for the PROPERTY frontages as described above and as shown on the Street Improvement Plans, on file with the CITY, hereinafter referred to as "PLANS"; and WHEREAS, said I HT , installed within the public right-of-way, are part of an Owner coordinated and funded facility with SCE, or any electrical power successor or assign; and WHEREAS, the Owner is required to coordinate and enter into an "ALL NIGHT — LS-1" service agreement with SCE, or any electrical power successor or assign; and WHEREAS, the OWNER is aware that the "ALL NIGHT— LS-1"service agreement with SCE, or any successor power supplier, requires funding for perpetuity to ensure that STREET LIGHTS shown on the PLANS are maintained and energy costs paid for; and that, therefore, such costs 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 LIGHTS 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 LIGHTS operational and maintenance costs contemplated by this Covenant, within ten (10) days of being given written notice by the CITY, the CITY is hereby authorized to cause any payment necessary for the STREET LIGHTS' 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 State 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 LIGHTS 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. 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, 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 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 With copy to: Director of Engineering 1 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, OWNER has affixed its signature as of this aS day of /1'1/9i2G . 202/ . OWNER: A0685 Cathedral City, LP A California Limited Partnership By: A0685 Cathedral City Holdings, LLC A California Limited Liability Company Its: General Partner By: i."KL TA' David H. Bigley Manager Attachments: Exhibit "A" Legal Description of PROPERTY Exhibit "B" Vicinity Sketch of PROPERTY 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. State of California County of ORANGE) ss. On filP .C.0 �5, )-0)- I before me, Cesar Delgado. Notary Public, personally appeared D k . -atE ctie , 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 ce fy under PENALTY OF PERJURY under the laws of the State of California that the fdregoing paragraph is true and correct. f' WITN my han and official seal. 4 Signature - ° , CESAR DELGADO 4 :1 Notary Public-California Orange County ;rcy f i Commission it 2334228 •'� My Comm.Expires Sep 23,2024 • t EXHIBIT"A" LEGAL DESCRIPTION OF PARCELS AS MERGED/ADJUSTED PARCEL A LOT MERGER/LOT LLNE 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 BEGINNING; THENCE continuing along said line and South line of subsequent descending Lots 107 through 101 inclusive North 89°27'13"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°08'23"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. , R/W PER ASSESSOR'S 2/3 r MAP NO. 46 AMD 2/3 ;if/ / , - co _ _ _ VEGA ROAD/FRANK ROAD o \ I Ir9 1.31 ! / I S 8734'59'E I 45234' I 8734'5°'E i t a I PROPOS D 1 I 169.90 ich cc , CQ 1 J1 I PROPERTY �~ I O VO)1 LINE I 1 _iii 0 1 1 11.. 0) W `v7 ( �I 0 ( I M 0}ILI ig LQki@ r> N. �i� r°, m _, Cs I Ca, .0 I- o " ' o © in10 (p., ° Q�' Z CO a � b, la ( I � I m G t 40' b Z -4— �J ' �„ b � Q I I b I �/ b ,) a►J o f c1) y � ® � c� rPro ` J 1\ �, ; ® Iko `' � I �, I � o I � � ° 1 a 1 a ICI a i © 1 a I a I f I © 1 10 I = I © I = ® I o ► _ I I © N 89'27'13'W`� 447.85`.r.1 ___ N 87271311W.J `•- till N89'27'13'W 62241' 17455' / N8727'13W 66241' - _ mti s 0� \ CORTA ROAD T �.R/W PER INST, N0, 134236T POC PARCEL A ICI �� RECORDED JUNE 90,1986 O,R. POB PARCEL A POB PARCEL B THE N/E CORNER MACCALLUM WAY I_AND so4, OF LOT'Cu to ,IAM R `F� PER MB 257/49-50 0Q + No 880 011 1 kI ' SCALE: 1"= 100' �R awl& LEGEND OINDICATES EXISTING 100 0 100 200 PROPERTY LINE I T\ 17701OWAAVENUE-SUITE 100 EXHIBIT "R T =gaga 92507 CITY OF CATHEDRAL CITY g$''�0707 LOT LINE ADJUSTMENT F.NGI/�'EERINCI COMPAN1' (FfVQ951.782.0723 CASE N0. 2020-529 SCALE:1"= 100' DATE: NOV. 6, 2020 \\co.rick®na.aam\orafeots\C_RIV_G\17890\SUrvev\Easements\17890_11A.dgn PLOT DATE: 06-N0V-2020 JN 17890