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Home My WebLink About21-94.Roof Acces Eznt.TIFi A.; COMPI t fE firs; iNFOii1:If- 11'r)N W. CORDING REQUEST EL) By SANDRA KUHN McCORMACK WI IEN RECORDED MAIL TO: CITY ENGINEER CITY OF BAKERSFIELD 1501 TRUXTUN AVENUE BAKERSFIELD, CA 93301 James Maples. Asses_1r- Recorder THELMA Kern County Official Records Pages 5 2/14/1995 DOCUMENT #:0195018178 13 :26 00 1111111111111111111111111 Fees 1700 .019501917B. Taxes Othe, . Stat. Types:] TOTAL... 17.00 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FUR OR (Additional recording fee applies) MD N RF NA ST ROOF ACCESS EASEMENT TITLE OF DOCUMENT Rem .,%0zms 10 (mo) ROOF ACCESS EASEMENT Preamble JAMES F. WARE and WINIFRED WARE are the owners of the property located at 1409 and 1419 19th Street, Bakersfield, California, County of Kern, and declare that for enhancing and protecting the value, attractiveness and desirability of the property state that the above described property shall be held, sold, and conveyed only subject to the following easements, covenants, conditions and restrictions. Recitals WHEREAS, the legal description of 1409 19th Street is designated by the Certificate of Compliance for Parcel "B" of Parcel Map Waiver 21 -94. WHEREAS, the legal description of 1419 19th Street is designated by the Certificate of Compliance for Parcel "A" of Parcel Map Waiver 21 -94. WHEREAS, the above described properties are adjacent and the roof of each building connects. WHEREAS, the present owners are desirous of settling all questions as to the costs of maintenance, repairs and access to the area of the roof which directly connects said buildings. The owners agree that they are responsible to repair and maintain the roof above their respective building except that portion of the roof which connects. The owner of each building will be jointly responsible for the repairs and maintenance. Repair Responsibilities The owners agree that they are responsible to repair and maintain the roof above their respective buildings except that portion of the roof which connects the two buildings. The owner of each building will be jointly responsible for the repairs and maintenance. The owners agree that any damage caused by the act or omission of one owner will be repaired to its original condition at the sole expense of the liable owner. Any repairs required that are not the result of the act or omission of either owner will be made at the joint expense of both owners. All repairs or maintenance shall be built in a professional and workmanlike manner, as such conformity with the law, ordinances and regulations of the State of California and the City Agency regulating the construction of said structure. No repairs or maintenance shall be made that in any way injure the adjoining buildings or impair the roofs. -1- Replacement of Roof Each owner has the right to replace their portion of the roof provided necessary precautions are taken to protect the other owner. The owner making the modification will indemnify the other owner for any damage caused by the removal and replacement of the roof. Access Easement The present owners hereby grant a perpetual easement for joint access to enter upon the other's property to gain reasonable access to maintain and repair the roof. The owner must give written notice to gain access unless an emergency situation exist. The owners must conduct themselves in a reasonable manner. Duration of Agreement This Agreement is perpetual and constitutes an easement and a covenant running with the land. However, nothing in this Agreement shall be construed as a conveyance by either owner of the respective rights in the fee of the land on which the roof stands. Liability for Iniuries Any injury to third parties caused by the joint use, joint maintenance or joint modification of the roof is the responsibility of all owners jointly, unless the injury is caused solely by the act or omission of one of the owners. Indemnity Each of the owners indemnifies and holds the other harmless from any and all liability for injury to himself or damage to his property when such injury or damage results from, arises out of, or is attributable to any maintenance or repair undertaken pursuant to this agreement. Accounting The owners have the obligation to provide written reports and bills of maintenance and repairs undertaken, cost and expenses incurred and receipts for the payment of the costs and expenses upon request. Successors in Interest This Agreement shall create mutual easements and covenant that run with the land binding and benefiting successors, assigns and heirs of all owners. -2- Entire Aareement This instrument contains the entire agreement between the owners. No oral representation or modification concerning this instrument shall have any effect unless it is represented in a subsequent written instrument, signed by the owner to be charged. Attorneys' Fees In the event of any controversy, claim, or dispute between the owners arising out of or relating to this Agreement or its breach, the prevailing party shall be entitled to recover reasonable expenses, attorneys' fees, and costs from the losing party. Notices Any notices or reports required under this Agreement will be sent to the address of the property location unless otherwise specified. DATELV oL i4 L / G J ^8 F.WARE Ownn/eJr)�® DATED WINIFR WARE (Owner) ACKNOWLEDGMENT State of California County of Kern ^ On l' c2(y �� , 1995, before me, _ (RRRDILL' EN51.1 A".) , personally appeared �Sw w.ES WA2E Y WINIFeel> A:. VAeg' proved to me on the basis of satisfactory evidence to be the person[s] whose name[s] are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature[s] on the instrument the person[s], or the entity upon behalf of which the person[s] acted, executed the instrument. WITNESS my hand and 2 CARROLLYNN HENSHAW v 3 41. aumm. # 1040M �,W�. , W Oa .E*n,SSW 30, 1996. official eal.