Cities Index.
Exhibit K - Notarized Declaration of Restrictions.pdf

Rialto City Council
August 8, 2023

Document
Exhibit K - Notarized Declaration of Restrictions.pdf
Meeting
August 8, 2023
Body
Rialto City Council
Pages
1
Original file
228 KB
Text extracted from the city's file for reading and search. Open the original on legistar.granicus.com. That file is the official record.

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Rialto
Attn: City Clerk
150 S. Palm Avenue
Rialto, CA 92376
APN: 0130-013-02 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE

DECLARATION OF RESTRICTIONS
This Declaration of Restrictions (this "Declaration") is made as of JULy 2|, 2023, by George C. Becerra (referred to herein as "Declarant"), whose address is 17333 Nordhoff Street, Northridge, California 91325, for the benefit of and enforceable by the City of Rialto, a municipal corporation (the "City") and its duly designated and authorized agents, successors and assigns (referred to collectively as the "Beneficiaries").

WHEREAS, Declarant is the owner of real property (the "Property") situated in the City of Rialto (the "City"), State of California, consisting of County of San Bernardino Accessor Parcel Number (APN) 0130-013-02 and more particularly described in Exhibit "A", attached hereto and by this reference incorporated herein, and as depicted in Exhibit "B", attached hereto and by this reference incorporated herein; and
WHEREAS, Declarant has constructed an multi-family apartment project with rental units on the Property; and
WHEREAS, Declarant, on behalf of itself, its heirs, executors, administrators, representatives, successors, and assigns, desires to restrict the subdivision of the Property in accordance with the requirements of the City as provided herein.

NOW, THEREFORE, Declarant declares as follows:

1. Recitals. The recitals set forth above are true and correct and incorporated herein by this reference.

Covenant Running with the Land. The covenants contained in this Declaration shall run with the land, shall be binding upon Declarant and each subsequent owner of the Property (each, an "Owner"), and their successors and assigns, for the benefit of the Beneficiaries, their successors and assigns, who may enforce the covenants and compel compliance therewith. A failure to compel compliance at any time, for any duration, or for any reason, does not constitute a waiver by Beneficiaries, their successors and assigns, from subsequently enforcing the covenants and compelling compliance.

Creation of the Restriction Upon the Property. Declarant and each subsequent Owner of the Property, by acceptance of a deed therefore, whether or not it shall be so expressed 1 therein, shall be prohibited from subdividing the Property on or after the recordation of this Declaration.

4. Condition To and Termination of this Declaration. This Declaration shall remain in full force and effect until and unless the City, in its sole and absolute discretion, shall execute and record a Release of Restriction, thereby terminating this Declaration.

Successors and Assigns Bound. Declarant shall comply with these covenants, conditions and restrictions burdening the Property in perpetuity. Subject to the limitations contained in this Declaration, and without modifying its terms, the provisions of this Declaration shall be enforced as equitable servitudes, and conditions, restrictions, and covenants running with the land, and shall be binding upon the agents, representatives, trustees, assignees, successors, and future owners of the Property and each of them, unless and until this Declaration is terminated as provided for herein.

Declarant:

By: George C. Becerra
2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signec doc doenment to which this certificate is attached, and not the truthfulness, accuracy, or validity of that State of California
County of LasAngeles
On 7/21/2023 before me Christopher Keller _ Notary Public (insert name and title of the officer)
Personally appeared George C. Becerr
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(8), 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.

Signature Gogh Helen (Seal)
3 EXHIBIT "A"

DEED RESTRICTION

LEGAL DESCRIPTION
LOT 2 OF FRANK C. PLATT INVESTMENTS COMPANY TRACT, IN THE CITY OF

RIALTO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 16, PAGE 18 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

CONTAINING 73,386 SQUARE FEET, MORE OR LESS.

SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF, BY THIS REFERENCE.

PREPARED UNDER THE SUPERVISION OF:

Damillane.

DANIEL C. GOMEZ, L.S. 5558
EXPIRES SEPTEMBER 30, 2023

Page 1 of 1 ends

EXHIBIT "B"
TR 3634 M.B. 48 / 89 Ф

CEDAR AVE ALDER AVE
120.00' RIALTO AVE
N 00°01'31" E SITE
-10 FWY +

VICINITY MAP
NTS
345 CACTUS AVENUE
RIALTO CA 92367
APN 0130-013-02
631.53 631.57
FRANK C. PLATT INVESTMENT CO. TRACT M.B. 16 / 18 LOT 2 S 89'5346" E 10 TR 13702 M.B. 234 / 18-20 S 8953'46' E HOLLADAY PLACE
12 20.00' R.O.W DEDICATION
-
120.00'

30.001 N 000131°E 100 100

50.00' CACTUS AVENUE

GRAPHIC SCALE
SCALE 1"= 100'
SAKE ENGINEERS, INC.
www.saktengineers.com
ENGINEERING • SURVEYING • LAND DEVELOPMENT
400 S. RAMONA AVE., STE. 202 • CITY OF RIALTO
CORONA, CALIFORNIA 92879
(951) 279-4041 FAX: (951) 279-2830 DEED RESTRICTION PLAT SHEET 1 OF 1

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