HomeMy WebLinkAboutRecorded Doc 2022-062 2022 -0372691
Recording Requested by: 08,25,2022 as a® PM Fee: 0.00
Lakota Properties, LLC Page 1 of 5
Recorded in Official Records
And when recorded mail to: County of Riverside
Peter Aldana
Asses
sor-County
CClerk-Recorder
City Clerk 'll
City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City CA 92234 983
COVENANT FOR PROPERTY MAINTENANCE
Owners: Jian Li and Karen Feng,
Husband and wife as joint tenants
Property Address: 68796 Perez Road, Cathedral City CA 92234
•
Assessor Parcel: 687-161-016
WHEREAS, Jian Li and Karen Feng, husband and wife as joint tenants ("Owners")
own real property ("Property") in the City of Cathedral City, County of Riverside, State of
California, more specifically described as:
Lot 16 of Tract No. 3697, in the City of Cathedral City, County of Riverside, State
of California, as per map filed in Book 62, at Pages 12 and 13 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 known as
"Perez Gardens", under City of Cathedral City Conditional Use Permit No. CUP 18-021A,
approved by the City of Cathedral City Planning Commission on February 19, 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 pertaining to
confined space and waste disposal methods, in effect at the time such maintenance
occurs; and the OWNERS are desirous of recording covenants against the Property to
assure such maintenance.
NOW THEREFORE, OWNERS covenant, promise and agree as follows:
1. 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, fails 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 "Owners" 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 Jian Li and Karen Feng
Attn: City Manager 703 Carriage House Drive
68-700 Avenida Lalo Guerrero Arcadia CA 91006
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 signatures as of
this 2q day of 'J A , 2022.
OWNERS:
Jian Li Karen Feng
(This document may be signed in counterpart)
(All signatures must be properly acknowledged before a Notary and the
Acknowledgment must be attached)
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AKBAR SOROUSH
Notary Public•California
; Los Angeles County y�
Commission 235838
��•�°'� My Comm.Expires:Oct t9,2025
EXHIBIT "A"
VICINITY SKETCH OF PROPERTY
CONDITIONAL USE PERMIT CUP 18-021A
LOCATION . ._.. _ . —..---_.._.. .. _ .
68796 Perez Road
Assessor's Parcel No. 687-161-016
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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 L t)S
On /.2 6// ,before me,
n)1 ,4, $D RO 0 S// , a Notary Public, personally
appeared j JA LI ! _ c+ h'J4RFA� fJii/�
/✓ who proved to
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.
WITNESS my hand and official seal. �• .� AARSOROUSH
Notary KBPublic.California
Los Angeles County
Commission X 2375838
Camm.Expires Oct 19.2025
(SEAL)
Signature