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HomeMy WebLinkAboutDeeds & Easements-11-2011E_CCv0001.pdf Recorded in Official Records. County of San Bernardino 912912011 16 "'.48 , DENNIS DRAEGER Am RECORDING REQUESTED BY " '' ASSESSOR — RECORDER CLERK QB �����;A�� — AND WHEN RECORDED MAIL TO: R Regular Mail City Clerk City of Redlands Doc#:X 2011 —0409777 T01es: 1 Pages: 5 Post Office Box 3005 Fees 0.00 Taxes 0.00 Redlands, California 92373 Other 0.00 PAID $0.00 i- I R GOvL' ,I'F t'N T C0 D E tteiieH 6i93 This document is exempt from the payment of a recording fee pursuant to Government Cade Section 27383 DECLARATION OF COVENANT FOR MAINTENANCE OF A PARKWAY BRIDGE This DECLARATION OF COVENANTS ("Declaration") FOR MAINTENANCE OF A PARKWAY BRIDGE is made thisg day o€ �_2011, by Ryan tomes ("Declarant") with reference to the following facts: A. The Declarant is the owner of certain real property located in the City of Redlands, County of San Bernardino, State of California, known as lot 7 of block 36 residence tract, in the City of Redlands, County of San Bernardino, State of California, as per map recorded in Book 5 page 12 of Maps (the "Property"), in the office of the County Recorder of San Bernardino County, California (APN 0173-221-01). B. The Declarant has constructed a parkway bridge (the "Bridge") within the public right of way along Ramona Drive as shown on Exhibit "A," attached hereto and incorporated herein by reference. C. The Bridge is a privately owned facility and has been constructed pursuant to a City issued permit in accordance with plans and specifications approval 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, the receipt and adequacy of which is hereby acknowledged, the ry' Declarant 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 constitute an encumbrance on the Property which shall bind successors. 2. 'Maintenance O l ation. The purpose of this Declaration is to declare that the maintenance of the Bridge 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 Bridge to the f',ca'=�jrta`,I t�fZf�t��f�e?ara#ica�csft�c��eaazi�c,r Nricl�e'vtarnrcc.dc>z; 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 by the Declarant. 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 fees for use of in-house counsel, 5. Amendment. This Declaration may be amended by the Declarant, but only if in writing and after written approval 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 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. By: Name/ti �,�Ryan Gotnes,Deciarant (Notarize&Record) f C .�rb,13,�Wgelbm�lenawe CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County o � �3 On before me, N61- o4l ji Date Hem!,cert r,a e ark e ai the'Officer personally aearedFe , .. LL � Na e(s,of S eqs) who proved to me on tate basis of satisfactory evidence t e the Pers n;4' whose ra (Al is/asubscribed to the within instrument and acknowledged to me that he/-y executed the same i is weir authorized capacity o , and that _by his/ .. . signature( on the J€}SEFINAA.DORRES instrument the persont,10, or the entity upon behalf of Commission 1853690 Notary Pu •California zZ which the person(s) acted, executed the instrument, Z -: __ San Bernardino County t y Comm.Expires Jun 12,2013 [ certify under PENALT1Y OF ' rjUY under the lags of the State of California that the foregoing paragraph is tate and correct. WIT y hand and official seal. Lj r Place Nota_y Sea' igrsat .&brave _ S onatur£of N ary€ub-hr OPTIONA TTouar the information below is not required y la v, it may prove valuable to persons relying on the docurner t and could prev&P,frau `Ment removal and reattachment of this`orrn to another document Description of Aftached Document Title or Type of Decurrent: � `� � .�lt� -� �� �€ 1 � � r c Document Date: 2-- - --- —..----- _.__- —Numbercif pages. Signer(s) Other Than Named Above: f — -- Capacity{i s) Claimed bySigner(s) Signer's Nage: r --_._ Signer's Name:---,-,,,, Individual Individual Corporate Officer—Title's) -- _-. Sorporate �J icer Title_s): Partner Limited —General 't r Partner----- Limited . ; General Attorney in Fact • W Attorney in F=act Ct(SY op or+ i r b sere Trustee I Top c ih r here I Guardian or Conservator ? Guardian or Conservator G Other, Other: Signer Is representing: ' Signer Is Representing: I y "�' -�`t'v.".-.:-. =�-_-.� .="._':.3.' 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