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HomeMy WebLinkAboutDeed 1504 1504 72-oct DOC # 2013-0479029 10/03/2013 04:10P Fee:NC RECORDING REQUESTED BY: ) Page 1 of 6 Recorded in Official Records ) County of Riverside Larry W. Ward Assessor, County Clerk & Recorder CITY OF CATHEDRAL CITY ) 11111011 IIII 011111 I IIIIII III VIII IIli I III) AND WHEN RECORDED RETURN TO: ) CITY OF CATHEDRAL CITY ) 68-700 Avenida Lalo Guerrero ) S R U PAGE SIZE DA MISC LONG RFD COPY Cathedral City,CA 92234 ) J (.Q Attn: CDBG Program Administrator ) M A L 465 426 PCOR NCOR SMF CH EXAM APN: 680-475-010-7 rl r�,i 806 NG�Ci U/ IT: CTY UNI (Space Above for Recorder's Use) DECLARATION OF NONDISCRIMINATION COVENANTS REVOLVING SEWER LOAN PROGRAM (Exempt from Recording Fees Per Government Code Section 27383) THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS ("DECLARATION") is made by and between Miguel Angel Briones as ("HOMEOWNER") and the City of Cathedral City, a Municipal Corporation, hereinafter referred to as ("CITY"), as of the date set forth below with reference to the following. RECITALS A. Homeowner is a participant in the City of Cathedral City, Community Development Department Revolving Sewer Loan Program ("PROGRAM"). Pursuant to the Program and the City's authority under Sections 33334.2 and 33334.3 of the Health and Safety Code, Homeowner has received assistance from the City by way of a loan ("LOAN") to assist Homeowner in the payment of sewer hookup fees included with connecting residential sewer from septic tank to public sewer the real property located within the City of Cathedral City ("CITY") as legally described in Exhibit "A" attached hereto and incorporated herein by this reference ("PROPERTY"). The Loan is evidenced by a promissory note ("PROMISSORY NOTE"), which secured by a Deed of Trust ("DEED OF TRUST") recorded against the Property. B. In accordance with the terms of the Program and the requirements of Section 33435 of the Health and Safety Code, Homeowner is required to comply with certain Nondiscrimination Covenants ("NONDISCRIMINATION COVENANTS"). C. Homeowner and the City desire to implement the Nondiscrimination Covenants under this Declaration, which is to be recorded against the Property. 1 NOW,THEREFORE, the parties hereto agree and covenant as follows: ARTICLE I NONDISCRIMINATION COVENANTS Section 1. There shall be no discrimination against or segregation of any person, or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, or on the basis of domestic partnership status or arrangement, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property; nor shall the Homeowner, itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sub lessee or vendees of the Property. Notwithstanding the immediately preceding paragraph, with respect to familial status, the immediately preceding paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in the immediately preceding paragraph shall be construed to affect Sections 51.2., 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the Government Code shall apply to the immediately preceding paragraph. Section 2. The foregoing covenants shall remain in effect without limitation as to time. Section 3. The foregoing covenants shall run with the land, and shall inure to the benefit of and be enforceable by the City, and its successors and assigns. The covenants set forth in this Declaration shall run in favor of the City and shall be in effect without regard to whether the City has at any time been, remains, or is an owner of any land or interest therein to which these covenants relate. ARTICLE II ENFORCEMENT Section 1. Remedies Breach of the covenants contained in this Declaration may be enjoined, abated or remedied by appropriate legal proceeding in law or equity. The remedies herein provided for breach of the covenants contained in this Declaration shall be deemed cumulative, and none of such remedies shall be deemed exclusive. Section 2. Rights of the City As a party to this Declaration, the City has the right, but not the obligation to enforce all of the provisions of this Declaration. Any amendment to the Declaration shall require the written consent of the City. Section 3. Failure to Enforce The failure to enforce any of the covenants contained in this Declaration shall not constitute a waiver of the right to enforce the same thereafter. 2 111110 1110111111 011 1111E01 0E111 10/03/20130 79029eP Section 4. In any legal proceeding to enforce the terms of or restrain a violation of this Declaration, the prevailing party or parties shall be entitled to reimbursement of attorneys' fees from the other party or parties in an amount fixed by the court in the proceeding. IN WITNESS WHEREOF, the City and Homeowner have caused this instrument to be duly authorized,this day of Oolibty , 2013 "HOMEOWNER" BY: �� PRINTED NAME: Miguel Angel Briones BY: PRINTED NAME: CITY OF CATHEDRAL CITY COMMUNITY DEVELOPMENT DEPARTMENT BY: . Q"A.7%07x./, Roderick J. Wood Interm Citynager ATT- : BY: /,�/_ - � Z/7 /t--- C 17/Deputy City Clerk) 3 1 11111111111311110 1111E 1E111 IIII 10,03 2013-647966 129 3�f0P EXHIBIT"A" PROPERTY LEGAL DESCRIPTION THE SOUTH 1/2 LOT OF 124 RANCHO VISTA ESTATES UNIT NO. 2 AS SHOWN BY MAP ON FILE IN BOOK 22 PAGE 39 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA AKA: 33931 Via De Anza, Cathedral City, California 92234 APN: 680-475-010-7 4 111111111 IIII IIIIII IIII IIIIII III VIII IIII IIII ier©01 z0£�04 029eP CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside On (o I 1 ) 13 , before me, Jim L. Sherman, Notary Public Date Here Insert Name and Title of the Officer Personally appeared MIGUEL ANGEL BRIONES Name(s)of Signer(s) 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 or capacities, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of JIM L. SHERMAN which the person(s)acted,executed the instrument. C � Commission# 1879166 Z arii Notary Public-California z I certify under PENALTY OF PERJURY under the laws of the E Riverside County D State of California that the foregoing paragraph is true and M Comm. Expires Feb 2,2014 correct. WITNESS my hand and official seal. Signature ..,,,, ,a1/ tig Place Notary Seal Above Sign Before a Notary 5 IIH l IIIUI IIII VII 031111 1111111 1111�II� 19 e@1- £? 04 029eP CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT *at f4 oig1.',ya.431/.Te .t QaA��a�.[�3,. vi. as :NvA. �C.yd seS rS�ai+�Yiwrss aaz S.A a xs saS.,Qa <,oeN.v State of . ia County of /ors/c\L 1 J ,. , Ond9'?r/ `r v �3 efore rrrf / ���LZI�� �� ° i ".6/`' Date �/ / Here Insert Name and Ti of the Officer personally appeared d6� l'r< <�` J°�5 ` z "� �Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the•pem.onks)) whose_naroe(s).rs/are subscribed to the within instrument and acknowledged to me that h/s /they-executed the same in his/lararltbeh authorized w,,,,,,,,,,,,,,,,,,,•,,,,•,,,,,,,,,,,,,,, cap2rity(ies, and that by bleier/their signature(e) on the JOSEFINA MF A instrument the person( , or the entity upon behalf of v_, COMM.#2028915 x '�, ,, NOTARY PUBLIC•CALIFORNIA which the eersOn*acted, executed the instrument. 1,1,,. .' RIVERSIDE COUNTY Commission fires JULY 10,2017 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNE S my hand :nd official se. Signature- - �%�."� ` �` Place Notary Seal Above / Signature of Notary Public OPTIONAL < Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document °� Title or Type ofDocum beG�aru �/ o r/541 C1/1Cr,m , ,,ti.17 gN, �ciLdna Document Date: ! UAe'r / / ) �'' Number of Pages: Signer(s) Other Than Named Above: /) / `j cl 2 ,-, dry, Qf Capacity(ies) Claimed by Signer(s) J Signer's Name:-I ,0oXo/i c4.- J°-t e-Pji 6L) Al Signer's Name: ❑ Individual `=..4-r) 4-er✓fn-- ❑ Individual Corporate Officer—Title(s): CI-1 1Nlu n,c,l.o r ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General/ RIGHTTHUMBPRINT ❑ Partner—❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Sig er Is R pr enting: Signer Is Representing: Cf � 0 t (e 1-Q (lI ' 4W,Ay 4:y4'�4 4�d'4LA 0v4�V. AY a"•;S SSE Y 4�4S4Z 4'✓. 4SE.ti d 4':.1M . ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 1031111 11111111111 111111 1111 10/03/2013 2013-0479 6029eP