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HomeMy WebLinkAboutContracts & Agreements_1-2018 Electronically Recorded in Official Records,County of San Bernardino 1/0312018 02 31 PM RECORDING REQUESTED BY BOB DUTTON FV CITY OF REDLANDS ASSESSOR RECORDER CLERK AND WHEN RECORDED MAIL DOCUMENT TO `• 367 City of Redlands Clerk CITY CLERK DOC# 2018-0001413 Titles 1 Pages 6 NAME CITY OF REDLANDS Fees 00 STREET P O BOX 3005 Taxes 00 ADDRESS REDLANDS, CA 92373 CA S132 Fee 00 Others 00 CRY STATE& Paid 00 ZIP CODE FEES NOT REQUIRED SPACE ABOVE FOR RECORDER'S USE ONLY PER GOVERNMENT CODE SECTION 6103 AGREEMENT APN 0172-052-26 Title of Document ...__...._.. ..............._............ 7 77 e � z THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3 00 Additional Recording Fee Applies) RECORDING REQUESTED BY AND MAIL TO City Clerk City of Redlands Post Office Box 3005 Redlands, California 92373 This document is exempt from the payment of a recording fee pursuant to Government Code Section 27383 DECLARATION OF COVENANT FOR RETAINING WALL MAINTENANCE This DECLARATION OF COVENANTS ("Declaration") FOR PARKWAY RETAINING WALL MAINTENANCE is made this day of _,t)CC , 20", by Jimmy Kaymaz, a Single Man (Declarant) with reference of the following facts A Declarant is the owner of certain real property located in the City of Redlands, County of San Bernardino, State of California, known as Assessor's Parcel No 0172-052-26, (the "Property") as per recorded Grant Deed, document No 2008- 0498071 , in the office of the County Recorder of San Bernardino County, California B The Declarant constructed a parkway retaining wall (the "Retaining Wall) within the public right of way along Bellevue Avenue as shown on Exhibit "A" (the "Parkway"), attached hereto and incorporated herein by reference C The Retaining Wall is a privately owned facility and been constructed pursuant to a City issued permit in accordance with plans and specifications accepted by the City, which are incorporated herein by this reference Now, therefore, in consideration of the forgoing benefits obtained by the Declarant and other valuable consideration, receipt and adequacy of which is hereby acknowledged, the Property hereby declares as follows 1 Covenant Running with Land The Declarant hereby covenants that the burdens and benefits herein made and undertaken shall constitute covenants running with the Property and constitutes an encumbrance on the Property which shall bind successors 2 Maintenance Obligation. The purpose of this Declaration is to acknowledge that the maintenance of the retaining wall is the responsibility of the Declarant, and that this responsibility shall pass to successive owners of the Property and shall run with the Property in perpetuity In the event the Declarant or any successive owner fails to maintain the Retaining Wall to the satisfaction of the City, the Declarant or such successive owner shall commence proceedings and agree to inclusion of the property within a City Community Facilities District, and pay all expenses associated therewith 3 Enforcement It is the express intent of the Declarant that the terms and provisions of this Declaration shall be enforceable as an equitable servitude To the extent necessary to do so, the Declarant and its successors and assigns hereby confer and assign rights to enforce the terms and conditions of this Declaration to the City 4 Attornevs' Fees In the event any action is commenced by the City to enforce or interpret the provisions of this Declaration the City shall, in addition to any costs and other relief, be entitled to recover its reasonable attorneys' fees, including for use of in-house counsel 5 Amendment This Declaration may be amended by the Declarant, but only if in writing and after by the City 6 Recordation This Declaration shall be recorded in the Official Records of the County of San Bernardino and shall constitute notice to all successors and assigns of the title to Property of the rights and obligations set forth herein IN WITNESS WHEREOF, the Declarant has executed this instrument as of the date first above written By _� Date N-C Jimmy k Lymazffwner Acknowledged and Accepted by City Paul W Foster, Mayor ATTEST OCXel'—a� J e Donaldson,City Clerk (Notarize&Record) EXHIBIT A Qo \ \ 62 67' TW \ \ 62 67' T 60 00' TF 60 00' TF cnNSTRUCT 2.67' NAX RETAININ WALL PER CITY OF REDLANDS o� STANDARD DRAWINGS moo. 12 25' oo. `v 20' 775' 5' LOT 1 20' \ TRACT 16276 a° N B 300/52-53 66 67' TW APN 0172-052-26 4 00' TF 66 67' TW 64 00' TF i i \ W ®® E S ����� SCALE 1" = 20' 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 I V1 C ) On before me, (<\G_ t K l S . ; Date ) Here Insert Name and Title of the Officer personally appeared 4L, � ��` t� C ��� 0 J CLv`l y-i C _D r)E �Ck(c� Sou Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)' whose nam4s) islare subscribed to the within instrume_Qt and acknowledged to me that he/she/they executed the same in s)'and that by h1s/hWtheir signature�;on the Instrument the person(is 4 his/her/their authorized capacity(�s or the entity upon behalf of which the personN)acted, 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 DIANA RAINS WITNESS my hand and official seal Notary Public California _ r San Bernardino County z Commission#2175775 Signatures Mr Comm Expires Dec 16,2020 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 of Attached Document r Title or Type of Document �'� ��� u,iz oar t� C �`�' ��U�dti� Ck3� Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name ❑ Corporate Officer — Title(s) ❑Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑ Other ❑ Other Signer Is Representing Signer Is Representing 02016 National Notary Association www NationalNotaryorg 1-800-US NOTARY(1-800-876-6827) Item #5907 -7- CALIFORNIA 7 - , l CERTIFICATE OF ACKNOWLEDGMENT 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 t State of California } ! t ; County of 1>2�C O(U-A i n 0 } Onbefore me, `' /�- bra l i (Here insert name and title of the oftiFer di f j i personally appeared _ VYN Mkr who proved to me on the basis of satiisfactory evidence to be the persa whose me, /are subscribed to the wi�i'n instrument and acknowledged to me that she/they executed the same i /hi /her/their authorized capacity les); and that by or the entity upon behalf of /her/their signatureks) on the ins rum the person(s), y P which the persons) acted, executed the instrument certify rtify under PENALTY OF PERJURY under the laws of the State of California that I i the foregoing paragraph is true and correct . C BOOTH WITNESS my hand and official seal '? commission No 2203400 ab ° NOTA.Zy PUBLIC CALIFORNIA • ..�. SAN BERNARD,NO COUNTY }f (1 My Comm Expires JUNE 30 2021 { Notary Public Signature (Notary Public Seal) II`tSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION T1n jorni complier with current California statines regardnig notaiv wording and rf needed should be completed and attached to the docinnent Acknowledgments DESCRIPTION OF THE ATTACHED DOCUMENT join other states mat,be completed foi documents being sent to that state so lwig cis the wording does not require the California notary to violate Califot Ina notary 4� ran (Title of descnphon of alta ed document) o State and County inforn�ation must be true State and County where the document C V r r e--f a vti C) \ _ signer(s)personally appeared before the no public for acknowledgment ih,�.cent t��t L C_IF Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same,date the acknowiedgment is completed } e The notary public must print his or her name as it appears within his or her �� � l commission followed b a comma and then your title(notary public) ! ' Number of Pages Document Date ® Print the name(s) of document signer(s) who personall) appear at the time of i notarization CA AClTY CLAIMED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(i e helsheltf is/afe)or circling the correct forms Failure to eorrectl) indicate this Individual (s) information may lead to rejection of document recording ❑ Corporate Officer The notary seal impression must he clear and photographicaily reproducible i Impression must not cover text or lines If sea] impression smudges re sea] if a sufficient area pen-nits otherwise complete a different acknowledgment form (Title) a nature o Sigf the notary pmust st match the st«nature on file wit],the office of r � ( ❑ Partner(s) the count) clerk ❑ Attorney-in-Fact acknowledgment information is not required but could help to ensure this Trustee(s) acknowledgment is not misused or attached to a different document t ❑ Indicate title of type of attached document number of pages and date ❑ Other Indicate the capacity claimed by the signer If the claimed capacity is a F rt l corporate officer,indicate the title(i e CEO CFO Secretary) i Securely attach this document to the signed document with a staple . . . . _