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Home My WebLink AboutRecorded Doc 2022-044 2. 22 RECORDQ 2022-0189001 ING RE UESTED BY: 04/21/2022 12:50 PM Fee: $ 0.00 Page 1 of 5 Mr.&Mrs. Bex B. Pruett Recorded in Official Records County of Riverside (Owner) Peter Aldana Assessor-County Clerk-Recorder AND WHEN RECORDED MAIL TO: I15WC 'sil i�Re`l`�'Vi11' ll City of Cathedral City Attn: City Clerk 68700 Avenida Lalo Guerrero Cathedral City CA 92234 8; 1 COVENANT FOR PROPERTY MAINTENANCE Owner: Rex B. Pruett and Donna J. Pruett, Trustees, of the Rex B. Pruett and Donna J. Pruett Revocable Trust dated February 20, 2008 Property Address: 36123 Cathedral Canyon Drive, Cathedral City CA 92234 Assessor Parcel: 687-074-007 WHEREAS. Rex B. Pruett and Donna J. Pruett ("Owners") own real property ("Property") in the City of Cathedral City, County of Riverside, State of California, more specifically described as: Lot 9 of Tract No. 3627. as per map recorded in Book 59 at Pages 9 through 11, inclusive. of Maps, in the office of the County Recorder of Riverside County, California; and as depicted in the sketch marked Exhibit "A", which is attached hereto and incorporated herein by this reference; and WHEREAS, at the time of initial approval of a development project knows as "Golden State Collective", under City of Cathedral City Conditional Use Permit No. CUP 17-052. approved by the City of Cathedral City Planning Commission on September 16, 2020, within and upon the Property described herein, the City of Cathedral City ("CITY") required the project to employ certain maintenance practices on the Property and to execute and record a Covenant to that effect; and WHEREAS, the OWNERs are aware that such 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, including, but not limited to the Clean Water Act, National Pollutant Discharge Elimination System (NPDES) storm water permits, and those aertaining to confined space and waste disposal methods, in effect at the time such maintenance occurs: and WHEREAS. the OWNERs are desirous of recording covenants against the Property to assure such maintenance. NOW THEREFORE. OWNERs covenant, promise and agree as follows: To be responsible for and to perform daily and continuous cleanup and removal of all blow sand, debris, trash, rubbish, weeds, and other deleterious materials from all areas of the Property, including all street, highway, alley and private street frontages, gutters, gutter pans, sidewalks, driveways, parkways, parking areas, landscaped areas, drive aisles, drains, catch basins, retention basins, and all other interior areas of the Property including within and outside of walled areas. 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. 3. In the event OWNERs, or their successors or assigns, fail to accomplish the necessary 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 OWNERs or OWNERs' 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. 4. This covenant shall be recorded in the Office of the Recorder of Riverside County, California, at the expense of the OWNERs 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. 5. In event of legal action occasioned by any default or action of the OWNERs, or their successors or assigns, then the OWNERs and their 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 6. It is the OWNERs' 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 OWNERs. The term "Owner" shall include not only the present OWNERs, but also their heirs, successors, executors, administrators, agents, lessees, renters, tenants and assigns. OWNERs 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. OWNERs shall provide such notice prior to such successor obtaining an interest in all or part of the Property. 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 OWNERS: City of Cathedral City Rex B. Pruett & Donna J. Pruett Attn: City Manager 76800 Lancelot Court 68-700 Avenida Lalo Guerrero Palm Desert CA 92211 Cathedral City, CA 92234 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. 11. 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. IN WITNESS HEREOF, the Owners have affixed their signature as of this '7 day of "P/1/2C-ii/ , 2022. OWNERS: 02,49?p, Rex B. Pruett, Trustee Donna J ruett. Trustee (all signatures must be properly acknowledged before a Notary and the Acknowledgment must be attached) 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 Wec ‘0`-`e_.,- On (\C-�rC iN. ,before me, t OLX21 Ilk �( , a notar ubli Personally appeared K - is � • -t`" Are), ��LA who proved lei me on the basis of satisfactory 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. COMM.$2332285 WITNESS my hand and official seal. ','`' NOTARY PUBLIC•CALIFORNIA • F � RiVE�S10E COUNTY '' Carni.w nn Expires AUCsIIST 24,2024 i_ L•�I1 (SEAL) Signature vee ��" EXHIBIT "A" VICINITY MAP CONDITIONAL USE PERMIT No. 2017-052 Lot 9 of Tract No. 3627 as per map recorded in Book 59, at Pages 9 through 11, inclusive, of Maps, Records of Riverside County, California LOCATION 36123 Cathedral Canyon Drive Assessor's Parcel No. 687-074-007 [--j ,,, '. ,_J I _____i iKIELEY RD j ___I i T . -----ii ! v liT- 1 .\. 4„ \, ._. i , PROJECT 1 `.N- PEREzRo ly<::—.._17—' I i1 „,,sJ 1 / .1C- - I .. \i q 1 ,.„..<........„„. .,__:,___.c...,,.. ._iv