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HomeMy WebLinkAboutRecorded Doc 2022-100 i • 2022-0498496 Recording Requested by: 12/09/2022 04:25 PM Fee: $ 120.00 Page 1 of 8 Marmar Pro erties, LLC Recorded in Official Records p County of Riverside TriMarc, LLC Peter Aldana Assessor-County Clerk-Recorder And when recorded mail to: I ll City Clerk ' City of Cathedral City 68700 Avenida Lalo Guerrero Cathedral City CA 92234 COVENANT FOR PROPERTY MAINTENANCE AND MUTUAL ACCESS Owners:: Marmar Properties, LLC, a California Limited Liability Company, as to an undivided 85% interest; and TriMarc, LLC, a California Limited Liability Company, as to an undivided 15% interest; Property Address: 68734 and 68748 Perez Road, Cathedral City CA 92234 Assessor Parcel: 687-162-009 and 010 WHEREAS, Marmar Properties, LLC, a California Limited Liability Company, and TriMarc, LLC, a California Limited Liability Company, ("OWNERS") own real property ("Property") in the City of Cathedral City, County of Riverside, State of California, described as Lots 25 and 26 of Tract No. 3697, as more specifically described in Exhibit "A", and as depicted in the vicinity sketch marked Exhibit "B", which are attached hereto and incorporated herein by this reference; and WHEREAS, at the time of initial approval of cannabis businesses on Lot 26, known as "Green Clean Medicine", under City of Cathedral City Conditional Use Permit No. CUP 17-019, approved by the City of Cathedral City Planning Commission on April 18, 2018, and on adjoining Lot 25, known as "Greens on Perez", under City of Cathedral City Conditional Use permit No. 17-020, also approved by the Planning Commission on April 18, 2018, within and upon the Properties described in Exhibit "A", the City of Cathedral City ("CITY") required in the conditions of approval for these use permits that the projects employ certain maintenance practices on the Properties, and to provide certain mutual easements, 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 WHEREAS, the OWNERS are aware of the requirements to provide reciprocal and mutual easements between the two Properties for the benefit of the Properties, for access, parking, and for collection of refuse and recyclables; and WHEREAS, OWNERS are desirous of recording covenants against the Properties to assure such maintenance and to provide the reciprocal easements as required by the conditions of approval of the said Conditional Use permits.. 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 Properties, 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 Properties including within and outside of walled areas. 2. To provide the City and/or its designee complete access, of any duration , to the Properties, 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. OWNERS hereby grant to each Lot described in Exhibit "A" a reciprocal non-exclusive perpetual easement over, across and through each of the Lots 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, lessees, assignees and customers. This ingress and egress shall be limited to the existing driveways, drive aisles, alleyways, sidewalks and other existing areas designated for vehicular and pedestrian use and traffic on the site plans approved by the City for Conditional Use Permits CUP 17-019 and 17-020, on file in the office of the Director of Planning/Building at the City of Cathedral City, 5. OWNERS hereby grant to each Lot described in Exhibit "A" a reciprocal non-exclusive perpetual easement over, across and through each of the Lots described in Exhibit "A" for refuse and trash collection trucks and vehicles and for the collection of recyclable materials and for access to the various collection areas on such Lots. This access shall be limited to the existing alleyways, drive aisles and refuse collection areas designated for such uses on the site plans approved by the City for Conditional Use Permits CUP 17-019 and 17-020, on file in the office of the Director of Planning at the City of Cathedral City. 6. 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 Properties 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. 7. In the 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 Properties 8. It is the OWNERS' desire that each covenant and easement contained herein are made for the benefit of each of the Lots described in Exhibit "A",are appurtenant to each said Lot and shall constitute covenants running with the land, and shall inure to the benefit of, and be binding upon, the OWNERS, and their heirs, successors and assigns, executors, tenants, lessees, and agents, including all subsequent owners of the Lots descried in Exhibit "A"., and shall constitute a lien there against. 9. 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 Properties 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 Properties. 10. Time is of the essence in performance of this Covenant. 11. 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 Marmar Properties, LLC Attn: City Manager 3738 S. Barrington Ave. 68-700 Avenida Lalo Guerrero Los Angeles CA 90066 Cathedral City, CA 92234 Attn: Marlene Marcus, Manager 12. 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. 13. 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 WHEREOF, the OWNERS has affixed their signatures as of this c2. day of &) p Ve be.r— , 2022. OWNER: MARMAR PROPERTIES, LLC A alifornia Limited Liability Company By: (C.V642)2_ Marlene Marcus, Manager TRIMARC, LLC A California Limited Liability Company By ( 7)2a/ree,yz_pLM:ti Marlene Marcus, Manager (All signatures must be properly acknowledged before a Notary and the Acknowledgment must be attached) EXHIBIT "A" Legal Description of the Properties Lots 25 and 26 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 said County; Together with an undivided 2/27 interest in and to Lots "D", "E" and "F" of said Tract No. 3697. Assessor Parcels 687-162-009 and 687-162-010 EXHIBIT "B" VICINITY MAP Sheet 1 of 2 CONDITIONAL USE PERMIT CUP 17-019 LOCATION 68748 Perez Road Assessor's Parcel No. 687-162-010 'ti `• � I /% , , �� // I / )•.• .'\ \ss• I i /CI:.4/ \�4�1`` \\, L_ \ PEREZ RD `f C, ,/ /t..��.-./ \\ -'r ,` `� % '----.` '\PROTECT �`�` •••• f 91T� ��,\\ rr / / / , +.r \$. \/I r r r i �` \\'. �C`` jr lr/ l \'`fib �/ Qq��b y / / /r ` r\ �\ ` i /l \ \ d / / �' �, /r r / EXHIBIT "B" VICINITY MAP Sheet 2 of 2 CONDITIONAL USE PERMIT CUP 17-020 LOCATION 68734 Perez Road Assessor's Parcel No. 687-162-009 4ficA,‘ \!\\\ if„,, . \ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 Los Angeles On VJV L3 -)c 7. before me,\PI1L‘ t. Q.FYA 1`A't-c4 P<t C Date Here Insert Name d Title of the Officer personally appeared OaVt-P V►,-e t ki.rc v Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the p- .: (s) whose name(s)Cs/ re sub bed to the within instrument and acknowle••-• to me that he ey executed the same in his/their authorized capacity(ies),and that by hishisCri heir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acte., executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. or KELLY D.RODRIGUEZ WITNESS my and official seal. SE'..::.. '�' V V Notary Public-California ���'- Los Angeles County • Commission#2369477 . ; Signatur ` •a. My Comm.Expires Aug 3,2025 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description yp of e Do�ument � p� l . IZ�I.� Title or Type of Document: ��7 � �.. �/ �Vy[ Document Date: Number of Pages: S. Signer(s) Other Than Named Above: Capacity(ies) Clamed b Signer(ss)^^, Signer's Name:�`'Vl.0. - 1••1U�t1?,J3 Signer's Name: ❑Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑partner — 0 Limited 0 General 0 Partner — 0 Limited 0 General dividual❑ 0 Attorney in Fact 0 Individual 0 Attorney in Fact ❑Trustee ❑Guardian or Conservator 0 Trustee 0 Guardian or Conservator ❑Other: 0 Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907