HomeMy WebLinkAboutRecorded Doc 2022-088 2oZZ-COo
Recording Requested by: 2022-0473291
11/16/2022 04:46 PM Fee: $ 0.00
M C Tile & Stone, Inc. Page 1 of 5
And when recorded mail to: Recorded in Official Records
County of Riverside
City Clerk Peter Aldana
City of Cathedral City
Assessor-County Clerk-Recorder
'I! !1r$6tif
.� li
�.. y-
68700 Avenida Lalo Guerrero ;1 �� `
Cathedral City CA 92234
COVENANT FOR PROPERTY MAINTENANCE
Owner:: M C Tile & Stone, Inc., a California corporation
Property Address: 68704 Perez Road, Cathedral City CA 92234
Assessor Parcel: 687-162-007
WHEREAS, MC Tile & Stone, Inc., ("Owner") owns real property ("Property") in
the City of Cathedral City, County of Riverside, State of California, more specifically
described as:
Lot 23 and an undivided one-twenty seventh (1/27th) interest in and to Lots "D", "E"
and "F", 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 "Obie
Enterprises" under City of Cathedral City Conditional Use Permit No. CUP 16-043,
approved by the City of Cathedral City Planning Commission on March 15, 2017, 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 OWNER is 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 OWNER is desirous of recording covenants against the Property to
assure such maintenance.
NOW THEREFORE, OWNER covenants, promises and agrees 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 OWNER, or its 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 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.
4. 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.
5. In event of legal action occasioned by any default or action of the OWNER,
or its successors or assigns, then the OWNER and its 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 OWNER'S desire that the burdens and benefits herein undertaken
shall constitute covenants that run with said Property and shall 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 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.
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 OWNER:
City of Cathedral City M C Tile & Stone, Inc.
Attn: City Manager 31150 Desert Palm Drive
68-700 Avenida Lalo Guerrero Thousand Palms CA 92276
Cathedral City, CA 92234 Attn: Martin N. Carbajal
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 Owner has ffi ed its s' nature as of
this [3 day of Or L, j-G , 2022.
OWNER:
t(---)
M C TILE & STONE, INC.
A Califo n' rporati
By: Martin N. Carbajal, President
(All signatures must be properly acknowledged before a Notary and the
Acknowledgment must be attached)
EXHIBIT "A"
VICINITY SKETCH
CONDITIONAL USE PERMIT CUP NO. 16-043
LOCATION
68704 Perez Road
Assessor's Parcel No. 687-162-007
z
i — I _
a
z
1
n
r
*4*).:'
n ;i
rater ND
I
1 I r bib 4 I
j
��` 7 i
,.
p�ya
s0 0
IMETH!i \�\
v i 1 1
`\ <` e +.
tl AVC Q O�RER6 l ,
ti / _ I__________________IU1 RSE $AVE I W�RI !I RIl �l `1
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 Californi
County of ‘v,(,rs 1 a{-
On Q C+ \ 3 ��a d� ,before me,
PV‘Ah( r('G J , a Notary Public, personally
appeared P\a.r C.fnr ci �� , who proved to
me on the basis of satisfactory evid�nce to be the personN) whose name(sl is/are
subscribed to the within instrument and acknowledged to me that/she/they executed
the same in ii er/their authorized capacity(siks), and that by his/her/their signaturon
the instrument the person, or the entity uu on behalf if which the 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.
C/Ns-
(SEAL)
Signature
0.161 .� Annamarie Jimenez
COMM.#2333354 x
_ NOTARY PUBLIC-CALIFORNIA
RIVERSIDE COUNTY
My Comm.Expires September 12,2024