#12
DOC # 2007-0410202
06/22/2007 08:00A Fee: NC
RECORDING REQUESTED BY: Page 1 of 8
Recorded In Official Records
Chicago Title Company County of Riverside
Riverwalk Commons, LP Larry W. Ward
Assessor, County Clerk & Recorder
WHEN RECORDED RETURN TO:
Andrew Zepeda, Esq.
Riverwalk Commons, LP
24005 Ventura Boulevard
R U PAGE SIZE DA MISC LONG RFD COPY
Calabasas, California 91302
8 *-**** PCOR NCOR SMINCHG) EXAM
M A L 465 426
1006
DECLARATION AND AGREEMENT
006
ESTABLISHING
RESTRICTIVE COVENANT
FOR
A PORTION OF
RIVERWALK COMMONS
Riverwalk Commons - Restrictive Covenant - 05.25.07
Order: 30067164
Doc: RV:2007 00410202
THIS DECLARATION AND AGREEMENT ESTABLISHING RESTRICTIVE COVENANT FOR A PORTION OF RIVERWALK COMMONS ("Declaration") is made by LA SIERRA UNIVERSITY, a California nonprofit religious corporation, (Declarant"), being the owner of that certain real property subject to this Declaration, and hereinafter more particu- larly described, in agreement with the CITY OF RIVERSIDE ("City") and RIVERWALK COMMONS, LP, a California limited partnership, ("Builder").
WITNESSETH:
WHEREAS, Declarant is the owner of the following real property located in the City of Riverside, County of Riverside, State of California ("Property").
WHEREAS, City has approved the building of certain facilities on the Property (the "Project") subject to certain conditions to be fulfilled by the Builder, as outlined in the final Conditions of Approval for the Project as approved by the City October 3, 2006, Case No. P06- 0555 & P06-0557 ("COA").
WHEREAS, a portion of the Project is to be generally reserved for Senior Apartments and congregate care facility units pursuant to the COA; and WHEREAS, Declarant, City and Builder intend to impose the following restrictive covenant on a portion of the Project in fulfillment of COA No. 4 (the "Senior Restriction");
NOW, THEREFORE, Declarant hereby declares that the portions of the Project described in Exhibit "A", (the "Restricted Property") is, and shall be held, hypothecated or encumbered, sold, leased, rented, used, occupied, conveyed, and improved subject to the following restrictive covenant which shall run with the real property and be binding on all parties having any right, title or interest in the Restricted Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of the City and the residents of the Restricted Property.
SENIOR HOUSING RESTRICTION
With the exception of Caretaker Units, described below, all residential units in the Restricted Property shall be occupied as a residence only by residents fifty five (55) years of age or older, or by such other qualified resident, qualified permanent resident, or any other person whose occupancy is permitted by law, including Cal. Civil Code Sections 51.11 and 51.12 (each a "Senior Resident"). This restriction does not prohibit guests of a Senior Resident from staying overnight with such Senior Resident on a temporary basis.
Those units later designated "Caretaker Units" by further agreement between the City and Declarant shall not be restricted to Senior Residents, but may serve as a residence to persons of any age so long as such person provides services to the Senior Residents of the Restricted Property.
Riverwalk Commons - Restrictive Covenant - 05.25.07
MISCELLANEOUS
Successors and Assigns. This Declaration will be binding upon, and inure to the benefit of, the parties hereto and their respective successors, heirs, administrators and assigns.
Entire Agreement. This Declaration is the final expression of and contains the entire agreement of the parties respecting the Senior Restriction. All prior or contemporaneous communications, agreements or understandings concerning the subject matter hereof, both written and oral, have been superseded by this Declaration and are therefore rendered null and void. This Declaration may not be modified or amended except by written and recorded instrument signed by all parties containing express reference to this Declaration and the intention to modify it.
Severability. If any term or provision of this Declaration or any part thereof is declared illegal, null or void, the remaining portions of this Declaration shall remain in full force and effect to the extent permitted by law.
IN WITNESS WHEREOF, the undersigned have executed this Declaration on this 25'h day of May, 2007.
"DECLARANT" "CITY"
LA SIERRA UNIVERSITY CITY OF RIVERSIDE,
a California nonprofit religious corporation a California municipal corporation By: Caurencer Featy 6/6/07 By:
Lawrence Geraty, President Its:
"BUILDER"
RIVERWALK COMMONS, LP
a California limited partnership
By: free Culat
Senior Vice President of its General
Partner
Riverwalk Commons - Restrictive Covenant - 05.25.07
Order: 30067164 Page 3 of 8 Requested By: rini.l, Printed: 5/14/2021 8:03 AM Doc: RV:2007 00410202
•
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF Los Angeles
On May 30 _ 2001, before me, Susant. Pfister a Notary Public for the State of California, personally appeared Richard A. Nies _ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
SUSA
NOTARY PUBLIC Sendi (Seal) Commistion • 1605133
Notary Public • Calliona
los Angeles Conta
My Comma
ACKNOWLEDGMENT
STATE OF CALIFORNIA
3 55.
COUNTY OF Los Angeles
On May 30 _ 2001, beforo me, Luzan M. Pfuki, a Notary Public for the State of California, personally appeared Joseph E. Anderson, Jn., personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her-signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY PUBLIC < janhe. Les tir (Seal)
TANA PrE
My Comn Easter LaSai
Riverwalk Commons - Restrictive Covenant - 0S.25.07
Order: 30067164 Page 4 of 8 Requested By: rini.I, Printed: 5/14/2021 8:03 AM Doc: RV:2007 00410202
Recorder
LARRY W. WARD P.O. Box 751
COUNTY OF RIVERSIDE Riverside, CA 92502-0751
ASSESSOR-COUNTY CLERK-RECORDER (951) 486-7000
http://rivcrsidc.asrclkrcc.com
NOTARY CLARITY
Under the provisions of Government Code 27361.7, I certify under the penalty of perjury that the notary seal on the document to which this statement is attached reads as follows:
Name of Notary: Susan M. Pfister
Commission #: 1608132
Place of Execution: Los Angeles County, California
Date Commission Expires: September 9, 2009
Date: June 20, 2007
Signature: Steen teen
Print Name: Steven J. Gallagher
ACR 186P-AS4RE0 (Rcv. 01/2005)
Order: 30067164 Page 5 of 8 Requested By: rini.I, Printed: 5/14/2021 8:03 AM Doc: RV: 2007 00410202
ACKNOWLEDGMENT
STATE OF CALIFORNIA
) SS.
COUNTY OF Riverside
On June 7 _ 200Z, before me, Carmen J. CorderO, a Notary Public for the State of California, personally appeared awrence T. Geraty personally cnown to me (or-proved-to-me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY PUBLIC Carme Condes - (Seal)
CARMEN J. CORDERO
Commission # 1546997
Notary Puttic - Calliomia
Riverside County
My Comm. Expires Feb 5, 2009
ACKNOWLEDGMENT
STATE OF CALIFORNIA
3 ss.
COUNTY OF
_ 200_, before me, _ a Notary Public
for the State of California, personally appeared → personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY PUBLIC . (Seal)
Riverwalk Commons - Restrictive Covenant - 05.25.07
Order: 30067164 Page 6 of 8 Requested By: rini.l, Printed: 5/14/20218:03 AM Doc: RV: 2007 00410202
ecorde
LARRY W. WARD .O. Box 75
COUNTY OF RIVERSIDE Riversido, CA 92502-0751
ASSESSOR-COUNTY CLERK-RECORDER (951) 486-7000
http://rivcrsidc.asrelkroc.com
NOTARY CLARITY
Under the provisions of Government Code 27361.7, I certify under the penalty of perjury that the notary seal on the document to which this statement is attached reads as follows:
Name of Notary: Carmen j. Cordero
1546997
Commission #:
Place of Execution: Riverside County, California
Date Commission Expires: February 5, 2009
Date: June 20, 2007
Signature:
Print Name: Steven J. Gallagher
ACR 186P-AS4REO (Rev. 01/2005)
Order: 30067164 Page 7 of 8 Requested By: rini.l, Printed: 5/14/2021 8:03 AM Doc: RV:2007 00410202
EXHIBIT "A"
RESTRICTED PROPERTY
PARCEL 1 AND 2 OF PARCEL MAP NO. 34774 IN THE CITY OF RIVERSIDE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, SHOWN ON MAP ON FILE IN BOOK 220, PAGES 72 TO 73, INCLUSIVE, OF COUNTY RECORDS OF RIVERSIDE COUNTY.
Order: 30067164 Page 8 of 8 Requested By: rini.I, Printed: 5/14/2021 8:03 AM Doo: RV:2007 00410202