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Home My WebLink AboutContracts & Agreements_65-2013_CCv0001.pdf Recorded in Official Records,County of San Bernardino 4/08/2013 RECORDING REQUESTED BY DENNIS D RAEG E R 1 ALS AM City Clerk, Redlands aeou &,H ASSESSOR - RECORDER - CLERK AND WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENT TO: R Regular Mail ""EDoc#: 2013—0142681 Tales: 1 Pages: 6 City Clerk Fees 0.00 ADDRESS STREET City Of Redlands Taxes 0.00 STR PO BOX 3005 1 Other 0.00 QTY,STATE& Redlands CA 92373 STRI PAIL $0.0e LV CODE FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 TLRED, LLC Parkway retaining wall maintenance SPACE ABOVE FOR RECORDER'S USE ONLY APNs 0292-192-05 COVENANT A-. FOM THI%v I MEGO; `rRDER U." SI . N 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 92')73 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 2nd day of April, 2013, by TLRED, LLC, a California Limited Liability Company (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. 0292-192-05 (the "Property"), as per recorded Grant Deed, document no. 2012- 0519743, in the Office of Records of the County of San Bernardino County, California. B. Declarant constructed a parkway retaining wall (the "Retaining Wall") within the public right of way along Kansas Street as shown on Exhibit "A" (the "Parkway"), attached hereto and incorporated herein by reference C. The Retaining Wall is a privately owned facility and has been constructed pursuant to a City issued permit in accordance with plans and specifications approved by the City, which are incorporated herein by this reference. Now, therefore, in consideration of the forgoing benefits obtained by Declarant and other valuable consideration, the receipt and adequacy of which is hereby acknowledged, Declarant hereby agrees as follows: 1. Covenant Running with Land. 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 successor owners. 2. Maintenance Obligation. The purpose of this Declaration is to acknowledge that the maintenance of the Retaining Wall is the responsibility of Declarant, and that this responsibility shall pass to successive owners of the Property and shall run with the Property in perpetuity. In the event Declarant or any successor owner fails I:ica�,dim\Agrt,-ernents=-Declaration of Covenant for Retaining Wall Nlaintenance.doe to maintain the Retaining Wall to the satisfaction of the City Declarant, or such successor 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 Declarant that the terms and provisions of this Declaration shall be enforceable as an equitable servitude. To the extent necessary to do so, Declarant and its successors 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 fee's for use of in-house counsel. 5. Amendment. This Declaration may be amended by Declarant, but only if in writing and after written agreement 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 successor owners of Declarant of title to the 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. TIRED, LLC. By: Date: - 1Z - Name/titie Date: Name/title Acknowledged and Accepted by City: ?Np Pete Aguilar,W—ayor ATTEST: Sam irwin4CAy 9(erk (Notarize&Record) l_\ICa;d-im\Aareemen&xDeclaration of Covenant for Retaining Wall Niaintenance.doc ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO SS CITY OF REDLANDS By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code, and Chapter 2, Division 3, Section 40814, of the California Government Code, on April 2, 2013, before me, Teresa Ballinger, Deputy City Clerk, on behalf of Arthur S. Irwin, City Clerk of the City of Redlands, California, personally appeared Pete Aguilar, Mayor, and Arthur S. Irwin, City Clerk,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i4are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hiAier4their authorized capacity(ies) and that by hi&4wrAheir 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. , WITNESS my hand and official seal. R E Dt I ARTHUR S. IRWIN, CITY CLERK By: Teresa Ballinger, Deputy CAy Clerk (909)798-7531 CAPACITY CLAIMED BY SIGNER(S) Individual(s)signing for oneselVthemselves Corporate Officer(s) Title(s) Company Partner(s) Partnership Attorney-in-Fact Principal(s) Trustee(s) Trust x Other Title(s): Mayor and City Clerk Entity Represented: City of Redlands THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Declaration of Covenant for Retaining Wall Maintenance Date of Document: April 2, 2013 Signer(s) Other Than Named Above: TLRED,LLC by; Michael Giuliano, Managing Member CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 State of California County of On before me, zyooy/ /iWz Da_ Here Insert N e Ad Title of theicer personally appeared !/! ! C�/�((�� l c/�f aof Names)of Signers) 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 STACEY L. AVERKIEFF his/her/their authorized capacity(ies), and that by anion# 1905924 his/her/their signature(s) on the instrument the 1lofarl�public-California person(s), or the entity upon behalf of which the S$trmrdino County person(s) acted, executed the instrument. w res Sep 27,2014 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: Pace Notary Seal Above Signature of Notary aLiic 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 D cur ent ' Title or Type of Document: �l.�l! � vG✓ -- - Document Date: Number of Pages: Signer(s) Other Than Named Above: Al l Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ----- ---- - Corporate Officer — Title(s): Corporate Officer—Titie(s): _ ) Individual _: Individual = 0 Zi • Partner — Limited General Top of thumb here Partner — --:Limited General -,)c) ,t'hur„t,here Attorney in Fact Attorney in Fact Trustee Trustee Guardian or Conservator Guardian or Conservator Other, Other. -- Signer Is Representing: Signer Is Representing: ---------- — - ------------ ) rc'�2010 National Notary Assoicsatla -Nat-,onalriotary.org-t-806-US NOTARY(1-600-876-6827) item#5907 EXHIBIT ' A ' I 24' r 7' ---=-�; i 4", / 'x Li 49.50 TW Z I / 51w 46.s3 TF W 1 I f AL 5.5 r RET 3 WALP �— I ao , `,5 `EXIST c� 4 i EX EX PP �. 8" MG � cr o °- f 49.50 T 46.83 TF Z EX RIW -----------------L------t----------------f----- I STATE ST I I i i I 1OCONSMCT RET WALL PER APWA STI) 61$-Z TYPE B APN 0292-192-05 RETAINING WALL EXHIBIT 300 KANSAS STREET REDLANDS, CALIFORNIA JANUARY, 2013 SCALE: V'= 40'