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Home My WebLink About21-94.Party Wall Agmt.TIF4', i ft'lr C!.1A1 Pl.F IE. 1E 11.; iPI; URi.1All'; 1 >l ( ,,:.' ;OilLIING RLOUES(E:U UY. "h0 SANDRA KUHN McCORMACK WHEN RECORDS D MAIL TO: CITY ENGINEER CITY OF BAKERSFIELD 1501 TRUXTUN AVENUE BAKERSFIELD, CA 93301 James Maples.AssessQ 2ecorder THELMA Kern County Official records Pages: 5 2/14/1995 DOCUMENT #:0195018179 13 126 :00 111111111111111111111111 Fees 2000 .0195018179. Taxes... Other Stat. Types'i1 TOTAL... 20.00 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR pR (Additional recording fee applies) MD N RF NA 5T PARTY WALL AGREEMENT TITLE OF DOCUMENT Feare., SB 211151",19+1 PARTY WALL AGREEMENT 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 consist of a common wall which is the east wall in the building located at 1419 19th Street, Bakersfield, California, and the west wall of in the building located at 1409 19th Street, Bakersfield, California. WHEREAS, the present owners are desirous of settling all questions as to the ownership of this wall and of treating it as a Party Wall. Declaration of Party Wall The above described common wall shall be entitled to be used jointly by the owners of the property. Repair Responsibilities All owners agree that any damage caused to the wall 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 wall being used exclusively by one owner will be repaired at the sole expense of that owner. -1- Removal of Party Wall Either owner has the right to replace an existing party wall provided necessary precautions are taken to protect any existing building supported by the original wall and the other occupants of the building; the owner making the modification will indemnify the other owner for any damage caused by the removal and replacement of the existing party wall. Right to Extend Either owner shall have the right to extend the party wall to make that extension of a greater thickness than the party wall or any extension of the wall already built. No added thickness shall be placed on the land of the other owner without the other owner's written consent. The extension shall be built in a professional and workmanlike manner in strict conformity with the laws, ordinances, and regulations of the State of California, and the City agency regulating the construction of buildings, as they are in force at the time of construction. No extension shall be made to the party wall that in any way injures the adjoining building or impairs the party wall benefits and support to which the adjoining building is entitled without the written consent of the owner of that building. Any extension of the party wall shall be on a line with the present wall, and shall be constructed of materials similar to and of the same quality as the present party wall, and shall conform to the same general appearance as the present party wall. Right to Use Extension If the party wall is extended as provided in this Agreement, either owner shall have the right to use the extended party wall in the same manner as that owner is entitled under this Agreement to use the party wall as it was originally constructed. Payment of Cost of Extension If the party wall is extended as provided in this Agreement, all costs of the extension shall be borne by the owner causing the extension to be built. Access Easement The owners hereby grant a perpetual easement for joint access to enter upon each other's property to gain reasonable access to make necessary excavations or perform work for the purpose of adapting, extending, or repairing the party wall. The owner must give written notice to gain access. The owners must conduct themselves in a reasonable manner. -2- Duration of Agreement This Agreement is perpetual so long as such wall shall stand 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 party wall stands. Liability for Injuries Any injury to third parties caused by the joint use, joint maintenance or joint modification of the 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 wall 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 party wall. 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. -3- Notices Any notices or reports required under this Agreement will be sent to the address of the property location unless otherwise specified. DATED DATED � ! �J 3E F. WARE Owner) [J/ WINIF D WARE (Owner) State of California County of Kern n On / -a(fl - Cl , 1995, before me, I,PrQ,QonLYN N &4 Awl personally appeared TA.0 FS WA2E ° W,NiF2FD 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 official seal. CARROLLYNN HENSHAW v Cam. N 1040268 g xorarc nreuccurarx D