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HomeMy WebLinkAboutDeeds & Easements_17-2018ERECORDING REQUESTED BY CITY OF REDLANDS AND WHEN RECORDED MAIL DOCUMENT TO NAME City Clerk, City of Redlands STREET ADDRESS P O BOX 3005 ZIPCODETE$ Redlands, CA 92373 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 Electronically Recorded in Official Records, County of San Bernardino BOB DUTTON aE ASSESSOR RECORDER CLERK J 367 City of Redlands Clerk Doc# 2018-0208253 Tales 1 Fees Taxes CA SB2 Fee Others Paid SPACE ABOVE FOR RECORDER'S USE ONLY Declaration of Covenant Title of Document 111713 \ 4t THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3 00 Additional Recording Fee Applies) 6/08/2018 09 37 AM NC Pages 7 00 00 00 00 00 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 SCREENING WALL MAINTENANCE is made this t day of MAY , 20 18 , by TODD R HAIG AND AMY N HAIG HUSBAND AND WIFE AS JOINT TENANTS (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 0300-471-04 , (the "Property") as per recorded Grant Deed, document No 2017-0126466 , 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 HILARY WAY 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 falls 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 Attorneys' 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 TOD4HAIG INTTENANT BY AMY "IG, JOINT TENANT/ Acknowledged and Accepted by City Paul W Foster Mayor ATTEST e Donaldson City Clerk (Notarize & Record) Date �-! .—t 7- Date EXHIBIT "A" r` t r r J{ f MASONRY l SCREENING ALL � WITH PILASTER41 v S"�, r f xr i 7• / , i F ( ftJ i l r < rr` r r r J ri ���" Vii' 1 - `• -rh l � r J r TRACT 9178 PER 11I.B.:156/32-34 ' (' 12919 BILARY, VAY P'1. 0300.471-04 MASPRY SCREENING WALL I WITH PILASTERS SCALE: 1"=10' 3 1 ' � 10 0 10 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 �G &rna,ra I o o ) On f� before me, c�J 1 C r 1 C t t °l r +o_y-(.1 �a:o[ tc Date} Here Insert Name and Title of the Officer ;/ personally appeared a":'L ��) R Niw- �j a a ki 4) 6"-) a 0,-) Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name) ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity 'es and that by Ns/h'br/their signature(s)) on the instrument the person s)� or the entity upon behalf of which the person 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 Notary Public California WITNESS my hand and official seal San Bernardino County z z Commission * 2175775 > My Comm Ex ires Dec 16 2020 Signature l �r✓Lf� 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 I Title or Type of Document Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing Number of Pages Signer s Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing 02016 National Notary Association www National Notary org 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CC_ 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 Countv of - San Bernardino On /A t' 11 before me, Date personally appeared Steven Khourl Notary Public Here Insert Name and Title of the Officer of Signer(s) who proved to me on the basis of satisfactory evidence to be the persol?{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 of which the person(s) acted, executed the instrument ^:: STEVEN KHOtIRI y, Notary Public Calrfornia a ` Q8 San Bernardino County z Z : t. Z ®' Commission # 2151428 My Comm Expires May 19 2020 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature 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 I Title or Type of Document Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing ©2015 National Notary Association • www NationalNotary org 1 -800 -US NOTARY (1-800 876-6827) Item #5907 ),-, ,1)cl) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE , r 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 ff San Bernardino On , i ) 71 before me, _ Date personally appeared Steven Khoun Notary Public and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persorl(s)-Whose name W-is/� subscribed to the within instrument and acknowledged to me that he/p,1 4ay executed the same in his/h�it authorized capacity(Les) and that by hist/thdr signature(s)-on the instrument the persort(s), of the entity upon behalf of which the personka)-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 WITNESS my hand and official seal Signature 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 ������ Title or Type of Document f)2C(t Document Date L( -17 -1 Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing (?- Number of Pages ~ -3 I 11ht;hC11h f:. C_1 Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing 02015 National Notary Association www NationalNotary org 1 -800 -US NOTARY (1-800-876-6827) Item #5907