HomeMy WebLinkAboutRecorded Doc 2022-034 702:2.--
2022-0271870
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RECORDING REQUESTED BY AND WHEN Page 1 of 6
RECORDED MAIL TO: Recorded in Official Records
County of Riverside
Peter Pldana
Terry W.Ireland Assessor-County Clerk-Recorder
NOTYINH'iiitiqj)wner) iii YI lj/'II
City of Cathedral City
Attn: City Clerk
68700 Avenida Lalo Guerrero
Cathedral City CA 92234 �r
COVENANT FOR MUTUAL EASEMENTS
Owner: Terry W. Ireland, Trustee of the T.W. Ireland
Revocable Trust dated April 28, 1992
Property Address: 68625 Perez Road, Cathedral City CA 92234
Assessor Parcel: 687-330-023, 687-330-024; 687-330-025
and 687-330-026
WHEREAS, Terry W. Ireland, Trustee of the T.W. Ireland Revocable Trust dated
April 28, 1992 ("Owner") owns real property ("Property") in the City of Cathedral City,
County of Riverside, State of California, more specifically described in Exhibit "A", which
is attached hereto and incorporated herein by this reference; and
WHEREAS, at the time of initial approval of a business development on said
Property, pursuant to City of Cathedral City Conditional Use Permit No. CUP 20-020 and
CUP 20-021, approved by the City of Cathedral City Planning Commission on March 17,
2021 and April 21, 2021, within and upon the Property described herein, the City of
Cathedral City ("CITY") required the project to provide certain mutual easements for the
benefit of the four (4) parcels comprising the Property as described in Exhibit A, and to
execute and record a Covenant to that effect; and
WHEREAS, the OWNER is desirous of recording covenants against the Property
to provide such mutual easements for the benefit of the Property.
NOW THEREFORE, OWNER covenants, promises and agrees as follows:
1. Mutual Access Easements: There is hereby granted to each Parcel
described in Exhibit A a reciprocal non-exclusive, perpetual easement over, across and
through each of the parcels described in Exhibit A for the purpose of motor vehicle and
pedestrian ingress and egress and for parking of any other Owner, and their tenants,
licensees, lessees and customers. This ingress and egress easement shall be limited to
the existing drive aisles, roadways, sidewalks and other existing areas designated for
vehicular and pedestrian traffic depicted on Exhibit B attached hereto and any
replacements thereof. The parking easement shall be limited to the existing parking areas
depicted on Exhibit B and any replacements thereof.
2. Mutual Drainage Easements: There is hereby granted to each Parcel
described in Exhibit A a reciprocal non-exclusive, perpetual easement over, across and
through each of the parcels described in Exhibit A for the purpose of the discharge of
surface water runoff and for underground drainage systems as are reasonably necessary.
3. Mutual Refuse Collection Easements: There is hereby granted to each
Parcel described in Exhibit A a reciprocal non-exclusive, perpetual easement over, across
and through each of the parcels described in Exhibit A for refuse and trash collection
trucks and vehicles and access to the various refuse collection areas on such parcels.
The Mutual Refuse Collection Easement shall be limited to the existing drive aisles,
roadways, sidewalks and other existing areas designated for vehicular and pedestrian
traffic depicted on Exhibit B and any replacement thereof.
4. Mutual Utility Easements: There is hereby granted to each Parcel described
in Exhibit A a reciprocal non-exclusive, perpetual easement over, across and through
each of the parcels described in Exhibit A for the purpose of the operation and
maintenance of facilities and systems for gas, electricity, water (fire, domestic and
irrigation), telephone and electronic media, cable television, and sanitary sewers, laterals
and appurtenances. The Mutual Utility Easements shall be limited to the current location
of the existing facilities and systems for gas, electricity, water (fire, domestic and
irrigation), telephone and electronic media, cable television, and sanitary sewers, laterals
and appurtenances and to any additional locations mutually agreed to by the owners of
each Parcel.
5. 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.
6. Each easement and covenant contained herein is made for the benefit of
each of the parcels described in Exhibit A, is appurtenant to such parcels and shall
constitute covenants running with the land, and shall inure to the benefit of, and be binding
upon, the Owner and its heirs, successors and assigns, including all subsequent owners
of the parcels described in Exhibit A.
7. 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 Terry W. Ireland
Attn: City Manager 4624 Cardona Court
68-700 Avenida Lalo Guerrero Fort Worth, Texas 76126
Cathedral City, CA 92234 Phone: (760) 427-1003
8. 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.
9. This Covenant may be amended or revoked only with the express written
approval of the City of Cathedral City, with said approval affixed to the instrument of
amendment or revocation.
10. Notwithstanding any other provision hereof, it is agreed that no easement
rights granted herein shall preclude the fee owner of any parcel described within Exhibit
A from redeveloping its parcel, including the removal of any existing parking areas, drive
aisles or sidewalks and the relocation of any existing roadway or driveway so long as
such removal or relocation does not materially interfere with access to the other parcels.
Furthermore, notwithstanding any other provision hereof, it is agreed that the existing
driveway off of Cathedral Canyon Drive may be closed with the City's written permission.
IN WITNESS,-IEREOF, the Owner has affixed its signature as of
this _AY_day of ,4.J , 202
OWNER:
Terry Ireland, trustee of the
T.W. Ireland Revocable Living
Trust dated April 28, 19•.-
/, .L di_
erry Ir: and, trustee
(all signatures must be properly acknowledged before a Notary)
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 ofGa
•
d
County of )l -( )
On (l�� l � 9-0, , before
me LW y(,k— L ( - c���� -1--P , a notary public, personally
�.
appeared Y� L�) 4�P I ,,c.k , who proved to
me on the basis of satis'factory evidence to be 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 true and correct.
WITNESS my hand and official seal.
r. 0r LAURA C SIFUENTES
�
\ NOTARY PUBLIC
1
"r�� (SEAL) S
-1,,„„e"„„ • STATE OF MY COMM. P
03/02/26
• . eNOTARY ID 12807243-1
EXHIBIT A
Legal Description of Property
All that certain real property in the City of Cathedral City, County of Riverside,
State of California, described as follows:
Parcels 1 through 4, inclusive of Parcel Map No. 12088, as per map filed in Book
68, at Page 36 of Parcel Maps, in the office of the County Recorder of said Riverside
County.
(APN 687-330-023, 024, 025 and 026 )
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