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SANDRA KUHN McCORMACK
%',rt iN RECORDED MAIL TO.
CITY ENGINEER
CITY OF BAKERSFIELD
1501 TRUXTUN AVENUE
BAKERSFIELD, CA 93301
James Maples As sor- Recorder THELMA
Kern County Offic,al Records Pages: 5
2/14/1995
DOCUMENT #:0195018177 13 :26 00
11111111111111111111I Fees 1700
e0195018177+ Taxes..
Other
Stat Types�I TOTAL 17.00
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
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1110104WA154:111: 11
TITLE OF DOCUMENT
Femeae, %0 21GS 10 i=9e1
UTILITY 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 have
common utilities.
WHEREAS, the present owners are desirous of settling all
questions as to the costs of maintenance, repairs, and access to
the common utilities.
Access Easement
The owners hereby grant a perpetual easement for joint access
to enter upon each other's property to gain reasonable access to
the utilities which service the above entitled properties, and
include water, sewer, gas pipes, telephone and power lines, poles
and conducts for any other public utility. The owner must give
written notice to gain access unless an emergency situation exist.
The owners must conduct themselves in a reasonable manner.
Repair Responsibilities
All owners agree that any damage caused to the utilities 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, except that
a portion of the utilities being used exclusively by one owner will
be repaired at the sole expense of that owner.
-1-
Liability for Iniuries
Any injury to third parties caused by the joint use, joint
maintenance or joint modification of the utilities and /or party
wall is the responsibility of both 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 as long as the common utilities exists, binding
and benefiting successors, assigns and heirs of both owners.
Entire Agreement
This instrument contains the entire agreement between the
owners relating to the utilities. 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.
CM
Any notices or reports
sent to the address of th
specified.
DATED
DATED ZP S
Notices
required under this Agreement will be
e property location unless otherwise
JAMS F.SARE (Owner)
WINIFrff WARE (Owner)
State of California
County of Kern
on 1995, before me,
CARRoLLVNN }I�NSNP personally appeared
L+it0 FeeD a wAt.r- C b T „ne' ".VE
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 signatures] on the
instrument the person[s], or the entity upon behalf
of which the person[s] acted, executed the instrument.
WITNESS my hand and official seal.
n
CARROLLYNN HERS
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