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HomeMy WebLinkAboutRecorded Doc 2021-046 2wo4A° DOC # 2021-0257564 • 04/26/2021 12:38 PM Fees: $0,00 Page 1 of 7 Recorded in Official Records County of Riverside RECORDING REQUESTED BY: Peter Aldana Assessor-County Clerk-Recorder AND WHEN RECORDED MAIL TO: "This document was electronically submitted CITY OF CATHEDRAL CITY the County " Riverside for recording R eceipted by:TERESA#134 CITY ENGINEER 68700 AVENIDA LALO GUERERRO CATHEDRAL CITY,CA 92234 Covenant for Water Quality Management Plan and Urban Runoff Best Management Practices Transfer, Access and 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 a 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" in the Certificate of Compliance for Lot Merger/Adjustment No. 2020-529, recorded on January 25, 2021, as Document No. 2021-0048173, in Official Records of Riverside County, California„ which Parcel is 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 the project know as Veterans Village, City Design Review Case No. 18-002, by the Cathedral City Planning Commission on November 28, 2018, within the Property described herein, the City of Cathedral City ("CITY") required the project to employ Best Management Practices hereinafter referred to as "BMPs" to minimize pollutants in urban runoff; and 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; and 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; and RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: CITY OF CATHEDRAL CITY CITY ENGINEER 68700 AVENIDA LALO GUERERRO CATHEDRAL CITY, CA 92234 Covenant for Water Quality Management Plan and Urban Runoff Best Management Practices Transfer, Access and 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 a 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" in the Certificate of Compliance for Lot Merger/Adjustment No. 2020-529, recorded on January 25, 2021, as Document No. 2021-0048173, in Official Records of Riverside County, California„ which Parcel is 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 the project know as Veterans Village, City Design Review Case No. 18-002, by the Cathedral City Planning Commission on November 28, 2018, within the Property described herein, the City of Cathedral City ("CITY") required the project to employ Best Management Practices hereinafter referred to as "BMPs" to minimize pollutants in urban runoff; and 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; and 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; and 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 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. 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, or 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. 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's desire that the 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 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 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. IN RWITNESS HEREOF, the Owner has affixed its signature as of this day of , 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: <G John Fi ey VManager 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 r�, ) On h312.O24 ,before me r 9e;‘,54.441,,,/..„, , j notary public,personally appeareaTk&`(; tg el ,who proved to me on the basis of satisfactory evidence to b 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-tcue and correct. WITNESS m 'hand and official seal. ;t;� CES►RDELGADO pfing,Y Notary Public-California I t l-: Orange County 47-1.,' Commission%2334228 My Comm.Expires Sep 23,2024 (SEAL) signature EXHIBIT"A" LEGAL DESCRIPTION OF PARCELS AS MERGED/ADJUSTED PARCEL A LOT MERGER/LOT LINE ADJUSTMENT NO. 2020-529 MI of Lots 10] 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 NB 213 i MAP NO. 46 AMB 2/3 / _ _��____ _ _ _ VE OAD/FRANK ROAD o RI' 1' I 1 S 89'34`59"E 45? i4' ! 8134'50'E I L ial a l 1 ! PROPOSED --- I I 169.90 ,� ' PROPERTY I ro I Q I LINE I cc 1 CI1 ki �t �, c fr(-0) 1 ► •. IN, , GO° 74 '''' O I o ° 5P,pp I Q% 2O' r COrn gw01 � � I I I I I a � I I I I I I I ria o b bZo ' I I I I I I J 6 Z 40' b } I 5 � I I I I Ib )-7t )7 3 `a I @ii ) ne,1_ v) a 1 27 o I o �' ° `� I I a 5 , IC=i I I 1 F.-- © 1 0 � @ � � ► cel Q I a I I © 1 I d il ' ` 1 N 83'27'13'W i 447.85' I I N 89'27'13"W O lj _ /89"27'13'W 62241' (1456 I% N89'27'13`W 6&241:r� ,,..0- -- , ��R/W PER INST, NO. 134236 CORTA ROAD �' POC PARCEL A - t7 1 j RECORDED JUNE 10�1986 O.R. TPOB PARCEL A--'i POB PARCEL B - \ THE N/E CORNER MACCALLUM WAY Ewo so PER MB 57/9-0 co J ' �‘,014R04,,,_ (,,,_ 60 880 $ 2�'1 T 93 �' 4X * �' SCALES 1"- 100' ¢ �F LEGEND 1001i i0 100 INDICATES EXISTING 200 PROPERTY LINE EXHIBIT 'B"1770 OWA AVENUE-SUITE 100 CITY OF CATHEDRAL L CITY T9�51E121M.,CA 92507 LOT LINE ADJUSTMENT F.NGTNEI'iRI)4OCOMPANY CASE NO. 2020-529 S •r0NOV. 6, 2020 \\no.rfckena.com\oro lect8\C_RIV_G\17890\Survey\Easements\17990_LLA.dgn PLOTDATEe06 NOV 202 JN 17890