HomeMy WebLinkAboutRecorded Doc 2021-055 goy-o5c
RECORDING REQUESTED BY: 2021-0359276
06/14/2021 03:38 PM Fee: $ 0.00
Desert Property Group, LLC Page 1 of 5
Owner Recorded in Official Records
County of Riverside
Peter Aldana
Assessor-County Clerk-Recorder
AND WHEN RECORDED MAIL TO: ■
City of Cathedral City I.
i � AI +
;.
Attn: City Clerk
68700 Avenida Lalo Guerrero
Cathedral City CA 92234
MAINTENANCE COVENANTS FOR PROPERTY AND WATER QUALITY
BEST MANAGEMENT PRACTICES
Owner: Desert Property Group, LLC
A Wyoming Limited Liability Company
Property Address: 37370 Cathedral Canyon Drive, Cathedral City CA 92234
Assessor Parcel: 687-215-004 & 024
WHEREAS, Desert Property Group, LLC ("Owner") owns real property
("Property") in the City of Cathedral City, County of Riverside, State of California,
described as:
Parcel "A" as described in the Certificate of Compliance for Lot
Merger No. 2017-494, recorded on June 27, 2017, as Instrument No. 2017-
0259916, in Official Records of Riverside County, California, being the
Northwest quarter of Lot 203 of Cathedral City, as per map thereof filed in
Book 13, at Pages 24 through 26, inclusive of Maps, Records of Riverside
County, California;
TOGETHER WITH the Southwest quarter of said Lot 203 of
Cathedral City; and
WHEREAS, at the time of initial approval of a multi-unit residential project known
as Conditional Use Permit No. 18-004, by the City of Cathedral City Planning Commission
on September 19, 2018, within and upon the Property described herein, the City of
Cathedral City ("City") Conditions of Approval for the Use Permit required the project to:
a. employ certain maintenance practices on the Property and to execute and
record a Covenant to that effect; and
b. execute a Water Quality Management Plan and Urban Runoff Best
Management Practices Transfer, Access and Maintenance Covenant; and
WHEREAS, the OWNER is aware that such property 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; and
WHEREAS, the OWNER has chosen to install and/or implement Best
Management Practices (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, installed on and/or implemented on private property and
draining only private property, are part of a private facility and therefore their maintenance
and replacement are the sole responsibility 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; and
WHEREAS, the Owner is desirous of recording Covenants against the Property to
assure such property maintenance and to assure the maintenance and replacement of
the BMPs in the WQMP.
NOW THEREFORE, Owner covenants, promises and agrees as follows:
A. GENERAL PROPERTY MAINTENANCE:
A-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 and highway 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.
A-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.
A-3. In the event Owner, or its successors or assigns, fails to accomplish the
necessary property 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.
B. MAINTENANCE OF WATER QUALITY BEST MANAGEMENT
PRACTICES
B-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 C-3 below, provided
that CITY takes reasonable steps to minimize or avoid interference with
OWNER'S use of the Property.
B-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.
B-3. In the event OWNER, or its successors or assigns, fails to accomplish the
necessary BMP 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.
C: GENERAL TERMS:
C-1. 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.
C-2. 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.
C-3. 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.
• .
C-4. 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.
C-5. Any notice to a party required or called for in this 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 Desert Property Group, LLC
Attn: City Manager 3727 W. Magnolia Blvd., Suite 750
68-700 Avenida Lalo Guerrero Burbank CA 91505-2818
Cathedral City, CA 92234 Attn: Chris Ifeanyi, Manager
C-6. Time is of the essence in performance of this Covenant.
C-7. 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. All of
the Covenants contained herein shall remain in full force and effect and may only be
amended or terminated with the express advance written approval of the City of
Cathedral City.
IN WITNESS HEREOF, the Owner has affixed its signature as of
this I day of N\c1y 202 L
OWNER: J
DESERT PROPERTY GROUP, LLC
A Wyomin• imited Liability Company
By: voge
Chris Ifeanyi, Manag-r
Signatures must be properly acknowledged before a
Notary, with acknowledgment attached hereto)
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.
County of V1 V Vi SA ak, )
On \\(\01 \3 LU U ,before me \16kk1 I1 \e\ �� (1 ,a
notary public, personally appeared �It \ \--C4Reili , who pro e to
me on the basis of satisfactor evidence to be the eon •ose me s is e
Y p N) )��
subscribed • the within instrument and acknowledged to me t. . �4•/ ie/ iey�xecuted
the same in er/t eir authorized capacity( s), and that by is 1•r/th it si ature(
on the instrument the person(, or the entity upon behalf if w- t e person 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.
�`''`°''� J. VALENZUELA LOPEZ 4
N - I Commit 2246715 '^
�_ p NOTARY PUBLIC-CALIFORNIA N
4P79- RIVERSIDE COUNTY .'
(SEAL) 3 ('4u..30'....___Mr Comm.Eza.JUNE 18,z022-+
Signatur
SHEET 1 OF 2 SHEETS
EXHIBIT "A"
SEC. 33, T.4 S., R.5 E., S.B.M.
PARCEL 1
THAT PORTION OF LOT 203 IN THE CITY OF CATHEDRAL CITY. COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY THE MAP FILED FOR RECORD
IN BOOK 13 OF MAPS, PAGES 24 THROUGH 26, INCLUSIVE, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY. DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF
SAID LOT 203;
THENCE SOUTH 89°54'00" EAST A DISTANCE OF 100.00 FEET TO THE SOUTHEAST
CORNER OF THE NORTHWEST QUARTER OF SAID LOT 203;
THENCE NORTH 0"06'00" EAST, 95.00 FEET TO THE NORTHEAST CORNER OF THE
NORTHWEST QUARTER OF SAID LOT 203;
THENCE ALONG THE NORTHERLY LINE OF SAID LOT 203, NORTH 89°54'00" WEST,
85.00 FEET;
THENCE SOUTH 38°23'25" WEST, 24.21 FEET TO THE WESTERLY LINE OF SAID
LOT 203;
THENCE ALONG THE WESTERLY LINE OF SAID LOT 203, SOUTH 0°06'00" WEST,
76.00 FEET TO THE POINT OF BEGINNING.
ABOVE DESCRIBED LOT CONTAINS 0.21 ACRES, MORE OR LESS.
PARCEL 2
THAT PORTION OF LOT 203 IN THE CITY OF CATHEDRAL CITY, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY THE MAP FILED FOR RECORD
IN BOOK 13 OF MAPS, PAGES 24 THROUGH 26, INCLUSIVE, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF
SAID LOT 203;
THENCE SOUTH 89°54'00" EAST A DISTANCE OF 100.00 FEET TO THE SOUTHEAST
CORNER OF THE NORTHWEST QUARTER OF SAID LOT 203;
THENCE SOUTH 0°06'00" WEST, 95.00 FEET TO THE SOUTHEAST CORNER OF THE
SOUTHWEST QUARTER OF SAID LOT 203;
SHEET 2 OF 2 SHEETS
THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 203 NORTH 89°54'00" WEST,
85.00 FEET:
THENCE NORTH 38"11'25" WEST, 24.21 FEET TO THE WESTERLY LINE OF SAID
LOT 203:
THENCE ALONG THE WESTERLY LINE OF SAID LOT 203, NORTH 0°06'00" EAST,
76.00 FEET TO THE POINT OF BEGINNING.
ABOVE DESCRIBED LOT CONTAINS 0.21 ACRES, MORE OR LESS.
ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION, IS A PLAT
LABELED EXHIBIT "B".
SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS-OF-WAY AND EASEMENTS OF
RECORD.
THIS DOCUMENT WAS PREPARED BYFANO SU
ME OR UNDER MY DIRECTION, ���� R�cc;Q
BASED ON RECORD INFORMATION. h
PHILLIP K FOMOTOk
No 7o7o I
FOR REVIEW PURPOSES � \oes
OF G A4
PHILLIP K. FOMOTOR, P.L.S.
DATE
EXHIBIT "B" SHEET 1 OF 1 SHEET
SEC.33,T4S.,R.5E.,S.B.M.
C STREET
N89'54'00'W 85.00'
20' N38'23'25"E 24.21'
1
PARCEL 1 0
o OF DOC. NO. 6
[I g 2020-0113476 REC. °i
N
Z 3/11/2020 O.R.
O - b o
OO
O (Ni
a - cn\ --
V I W ` N89'54'00"W 100.00' W
0 0 � O
--I POINT OF BEGINNING f
icg
g6 o (SE COR. OF THE NW 1/4 I o
r`+ z LOT 203 MB 13 /24-46) z
W o PARCEL 2
c° OF DOC. N0. o
U 2020-0113476 REC.
3/11/2020 O.R.
/ 7-N38'11'25''W 24.21'
20'
\ � i
N89'54'00"W 85.00'
N D STREET
1
ID
NOTES: NORTH
1. PARCEL 1 AREA = 0.21 AC NMmilMum
PARCEL 2 AREA = 0.21 AC
2. THERE MAY EASEMENTS OF RECORD 0 40' 80'
NITHIN THE SUBJECT PROPERTY THAT ARE
I NOT SHOWN HEREON. SCALE 1"=40'