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HomeMy WebLinkAboutRecorded Doc 2022-021 - DSI 2022-0037314 RECORDING REQUESTED BY AND 01/24/2022 09:28 AM Fee: $ 0.00 WHEN RECORDED RETURN TO: Page 1 of 5 Recorded in Official Records City Clerk County of Riverside Peter � �o- uCityof Cathedral City Assessor-County ntyClerk-Recorder lerk-Recorder 68700 Avenida Guerrero ' 111 YIP IIII � Nritil� ILU1 � l'� I Cathedral CityCA 92234 III �g3 HIGHWAY RIGHT OF WAY ENCROACHMENT COVENANT This High ay Right of Way Encroachment Covenant ("Covenant") is made this s,113 day of ' et 1.410 , 202 1 , by Juan Carlos De Leon ("Owner").. WITNESSETH WHEREAS, Owner is the owner of certain real property ("Property") described as the Casa Blanca Restaurant, located at 34272 Date Palm Drive in Cathedral City, a legal description of which property is attached hereto as Exhibit "A"; and WHEREAS, Owner applied to the City of Cathedral City ("City") for a building permit to remodel and rehabilitate the restaurant; and WHEREAS, as a condition of approval of the issuance of the building permit, City required Owner to dedicate a portion of the Property as additional highway right of way for the widening of Date Palm Drive, which adjoins and fronts the Property, in compliance with the Circulation Element of the City General Plan; and WHEREAS, Owner did make the required dedication by Grant Deed ("Deed") recorded on August 4, 2021, as Document No. 2021-0466040, in Official Records of Riverside County, California; and WHEREAS, a portion of the building remodel and expansion of the restaurant performed by Owner now encroaches into a portion of the highway right of way dedicated by said Deed, which encroachment covers an area approximately eight (8) feet wide by fifty (50) feet long. Owner is desirous of maintaining this encroachment and the City is agreeable to said encroachment upon Owner making this Covenant. NOW THEREFORE, IN CONSIDERATION OF THE PREMISES CONTAINED HEREIN, the Owner covenants, promises and agrees as follows: 1. City agrees to the above described encroachment of the front patio portion of the Casa Blanca restaurant into the highway right of way described in the said Deed recorded on August 4, 2021, subject to the condition that at such time as the right of way described in the Deed is required for a highway widening project by City, Owner shall, at his full expense, remove all of the encroaching portion of the restaurant building as is required to accommodate the highway widening. Upon execution of this Covenant by Owner and its recordation, City will issue to Owner an Encroachment Permit for the building encroachment, which permit shall be subject to the terms of this Covenant. 2. Owner agrees to remove the encroaching portion of the restaurant building, at his full expense, within ninety (90) days of his receipt of written notice from City to do so, delivered to Owner in person or by first class mail postage prepaid, delivered to the address below, or to the address of any successor Owner of said Property. In the event owner or its heirs, successors or assigns fail to remove the said encroachment as contemplated by this Covenant after said notice, then the City, after giving Owner ten (10) days written notice, is hereby authorized to remove the encroaching portions of the building from the highway right of way, and to charge the Owner the full cost and expense thereof, including administrative costs, attorneys fees and interest thereon, at the maximum rate authorized by the State of California Civil Code, which charges shall constitute a lien against said Property. 3. Owner hereby agrees to indemnify City against, and to hold City harmless from, all damages, losses, liabilities, costs and expenses, including without limitation reasonable legal fees, incurred by Owner relative to the construction, maintenance, and/or use of the portion of the Casa Blanca restaurant which encroaches into the highway right of way as described in said Deed, and its removal by either Owner or City under the terms of this Covenant.. 4. This agreement and promise to remove the building encroachment and for indemnification of City shall be a restriction and covenant running with the land, and shall inure to the benefit of, and be binding upon the Owner, its respective heirs, successors and assigns, including without limitation, all subsequent owners of the Property described in Exhibit "A", and all persons claiming under them. As used herein the term "Owner" means any owner of the fee interest of or any portion of said Property, or their respective successors in interest in the event of assignment, transfer or conveyance, and the rights and duties herein attributable to the ownership or interest so transferred shall automatically be deemed assigned, transferred and conveyed to the new Owner. It is intended and agreed the City of Cathedral City shall be deemed the beneficiary of the covenants provided herein for the purposes of protecting the highway right of way and the interests of the community. 5. All notices required by or provided for under this Agreement shall be in writing and delivered in person or sent by certified or registered mail, postage prepaid and addressed as provided in this section. Notice to Owner shall be addressed as follows, unless a written change of name or address of Owner is filed with the City, and if no notice is filed, to the then current mailing address of the owner of record of said Property: : Notice to City: City of Cathedral City 68700 Avenida Lalo Guerrero Cathedral City CA 92234 Attn: City Manager Notice to Owner: Juan Carlos De Leon 27698 Valencia Street Cathedral City CA 92234 6. This Covenant may be enforced by the City, and the City Manager or his designee is authorized to act and administer this Covenant on behalf of the City. All of the promises and covenants contained herein shall remain in full force and effect and may only be amended or terminated by written instrument, with the advance written approval of the City of Cathedral City as part of any amendment or termination instrument. IN WITNESS WHEREOF, the Owner has executed this Covenant on the date first written above. OWNER: All IFJu lok 4 rlos De ,Leon (all signatures shall be properly acknowledged with a Notary acknowledgment attached) EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Casa Blanca Restaurant In the City of Cathedral City, County of Riverside, State of California, being the Northerly 100.00 feet of the Northwest quarter of Lot 25 of Plumley and Son Subdivision, as shown by map on file in Book 10, at Page 94 of Maps, records of Riverside County, in the Northwest quarter of Section 27, Township 4 South, Range 5 East, San Bernardino Meridian. Assessor Parcel No. 673-140-001 & 002 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 NV c1,-F.› ) On e.ce"r^kee^ 2"1 t 2©2-1 ,before meLCrAO 9-0S.1 to t2odruNcZ ,a notary public, personally appeared Svc CP.t-0 DS 1-601••1 ,who proved to me on the basis of satisfactory evidence to be the person(,a'J whose name(sWare subscribed to the within instrument and acknowledged to me that she/they executed the same in i�her/their authorized capacity(ies), and that by her/their signature(sr)'on the instrument the person(.sJ, or the entity upon behalf if which the person(a)'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. .K LIMO ROSHOSIO RODRIGUEZ .a`^ Notary Public-California = r� ,.' Riverside County ! =h . /' Commission N 2351065 `+,`,foo" My Comm.Expires Apr 8,2025 )cQe5-1)----, (SEAL) Signature