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HomeMy WebLinkAboutContracts & Agreements_198-2018 Electronically Recorded In Official Records,County of San Bernardino 101181201113 RECORDING REQUESTED BY C 41 PM OF Ri✓Dl ANDs , 'X BOB DUTTON � ASSESSOR RECORDER-CLERK AND WHEN RECORDED MAIL DOCUMENT TO � 367 City Of Redlands Clerk NAME City Clerk, City of Redlands IOC# 201 S-03S3045 Faes , Pages 6 Fees 00 STREET P 0 BOX 3005 Taxes 00 ADDRE ADDRESS CA 562 Fee 00 00 ZIPCODETEa Redlands, CA 92373 Oeihdrs 00 FEES NOT REQUIRED PER SPACE ABOVE FOR RECORDER'S USE ONLY GOVERNMENT CODE SECTION 6103 Declaration of Covenant Title of Document 7Hn €.. A F '2 2AR VW 4 7 v ��� � k. :>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 Z to day of September 2018, by REDLANDS ASSISTED LIVING LLC , A CALIFORNIA LIMITED LIABILITY COMPANY (Declarant) with reference of the following facts"a, 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 0170-082-07 , (the "Property") as per recorded Grant Deed, document No 2015-0125059 , in the office of the County Recorder of San Bernardino County, California B The Declarant is the owner of a historic parkway retaining wall (the "Retaining Wall) within the public right of way along Alley and Chapel Street _ as shown on Exhibit "A" (the "Parkway"), attached hereto and incorporated herein by reference C The Historic Retaining Wall is a privately owned facility 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 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 Redlands Assisted Living LLC A California Limited Liability Company By ' ' (�4x Fier Date �wir iersten Vance Sole Member Acknowledged and Accepted by City A notary public or other officer completing this certificate verifies only the +/•/,}V�1' identity of the individual who signed the document to which this certificate s is attached and not the truthfulness,accuracy or validity of that document. ul W Foster Mayor State of Cal ornia County of V 1 a(vch V,0 11,�, Subscribed and sworn to(or affirmed)before me this 'W day - ATTEST of 20ij,by I V'_C_k I_ VOL VL (_k proved to me on the basis of�atisfactor evidence to be the pers nis}who appeared before me r ne Donaldson,City Clerk Signature,40 (Notarize&Record) k i 11`INE GII.BERT COMM 02237492 r NOTARY PUBLIC-CALIFORNIA SAN BERNARDINO COUNTY Cantu Expirm MAY 6,2= CALIFORNIA ALL- PURPOSE 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 State of California } County of (5QY1 &l'Mar Iran �r On 16 l 1 Y � �61 _$' before me, G O a�l �" 6 V©� tv � u ere insert name-and titled icer personally appeared K I e,Y- ".57 -e I n yo who prow d to me on the basis of satisfactory evidence to be the person(s) whose na s) [s re subscribed to the wlthi strument and acknowledged to me that he t y executed the same m hi�-their authorized capacity([es), and that by hi her their signature(s) on the instrument the person(s), or the entity upon behalf of whl the person(s) 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 sea[ �"""� ri 2236001 NOTA •CALIFORNIA 2 SANWO COUNTY OM nPRIL 24 20 22 Notary Public Signature (Notary Public Sea[) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This farm complies with current California statutes regarding notary wording and DESCRIPTION OF THE ATTACHED DOCUMENT fneeded should be completed and attached to the document Acknowledgments front other states may be completed fa documents being sent to that state so long r as the wording does not require the California notaiy to violate California notary D L ICL. - I 1 law (Title or description of attached document) } • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment t_ _4 N4 T I'l :I_:: G E� V4 . Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attar ed doeumen ) t must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her Number of Pages Document Date j commission followed by a comma and then your title(notary public) . Print the name(s) of document signer(s) who personally appear at the time of notarization CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e he/she/the}—is MR)or circling the correct forms Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording ❑ Corporate Officer . •I'he notary seal impression must be clear and photographically reproducible Impression must not cover text or lines If seat impression smudges, re seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form ❑ Partner(s) • Signature of the notary public must match the signature on file with the.office of the county clerk ❑ Attorney-En-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document lithe Indicate title or type of attached document number of pages and date ❑ Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer indicate the title(i.c CEO CfO,Secretary) is i a••i..� .;2> �:ci<'.ryGIaS-F?�:Con: S7 odei i • Securely attach this document to the signed document with a staple 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 San Bernardino ) On Q UDC 5, 2=0 9 before me, Heather MacDonald, Notary Public Date Here Insert Name and Title of the Officer personally appeared Paul W Poster and Jeanne Donaldson 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(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 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct HF-ATHER IVIACDONAL,D 5 WITNESS y hand and official seal R COMM #2216458 R NOTARY I't1B1.IC CALi10RNIA t SAN BERNARDINO COUNTY U Signature !! I�fio�r Fx�S 0L'1'Cc_�t i;it . ioo00600060000000000000000000000 n000000000 a00a Signature of N ary 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 D, cument R Title or Type of Document a`( a` 1 Dill as:, QA)V:e n L1 V\_'_ 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 C.t.-;r.�:z-`,z_,�;C v'-..t::ri;..`[:�r-`:t?•t;;r�rtir:;;r-,�;I%��i�"':.`i'�.?=�F:TE,Z.'rrt r,=.-..F.-..Lr�-.Y• Zr.�,�.t•vl•".�2"T':.? 02016 National Notary Association •www NationalNotary org • 1-800-US NOTARY(1-800-876-6827) item#5907 SHEET 1 OF 1 EXHIBIT "A" IN THE CITY OF REDLANDS COVENANT FOR RETAINING WALL MAINTENANCE STILLLMAN AVENUE � I 30 I � I 12' } L I w 940 STILLMAN AVENUE IN J I W � 1 2 UI 1 ii 53 � � 1 ALLEY N D4 W E Q 1 OFES310 o 4' C� �l 6' �B � N D. T�7lcny WARREN RCE 301 D TEXP L3/31/20 DATE s NO 30171 EXP MAR 31, 2020 TUTTLE ENGINEERING SCALE 1"= 20' clv`lk- 1445 W DS,RED DS BL92373 SUITE A REDLANqlf OF CAL\F�� (909) 798-6785