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Home My WebLink AboutC-3910 - Agreement for Maintenance of Retaining Wall (420 Catalina Avenue / 427 Santa Ana Avenue)0 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: Bruce G. Schweitzer 1651 E. 4th St., #109 Recorded in the CountY of Orange, California Gary L. Granville, Clerk/Recorder Santa Ana, CA 92701 IMEINE$11111311 19.00 19970161427 3:41pm 04/08/97 AND WHEN RECORDED MAIL TO: Bruce G. Schweitzer 1651 E. 4th St., #109 Santa Ana, CA 92701 005 26009929 26 17 Al2 5 7.00 12.00 0.00 0.00 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY RECORDiNG REQUESTED BY T.;01_DEN STATE ATTORNEY SERVICE Agreement for Maintenance of Retaining Wall Tltie of Document THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) Pi411,« ArteiformVphe uppipc AGREEMENT FOR MAINTENANCE OF RETAINING WALL 1. THE PARTIES TO THIS AGREEMENT This agreement is made between Albert D. Doum and Susan L. Smith, the owners of real property located at 420 Catalina Avenue, Newport Beach, CA (NW portion of Lot 7, Block 12, Tract 27) and Gerald B. Sinykin and June Sinykin, the owners of real property located at 427 Santa Ana Avenue, Newport Beach, CA (SE portion of Lots 6 & 7, Block 12, Tract 27). Albert D. Doum and Susan L. Smith will be referred to as "Doum & Smith" and Gerald and June Sinykin will be referred to as "the Sinykins." 2. THE RETAINING WALL The above described properties are adjoining, and at or near their common boundary is a concrete masonry retaining wall. This agreement covers the part of the retaining wall that runs along the boundary between the two properties, approximately 50'-0" feet in length. The retaining wall is a party wall. 3, MAINTENANCE OF WALL Doum & Smith and the Sinykins agree to maintain in good condition and, when necessary, repair, modify or replace the retaining wall. Any repair, modification or rebuilding of the retaining wall shall be on the same location as the original, and of the same height and density, and of the same or similar material of the same quality as that used in the original retaining wall. The cost in doing so will be paid 1/2 by Doum & Smith, 1/2 by the Sinykins. All maintenance of the upgrades to the wall from its current makeup of concrete masonry shall be the sole responsibility of Doum & Smith. The parties grant permission to each other to enter their property for the purpose of this maintenance. Any maintenance shall comply with local building codes. 4. AGREEMENT TO RUN WITH LAND The benefits and obligation of this agreement shall run with the two properties, and shall bind and inure to the benefit of the parties and their heirs, legal representatives and assigns. 5. RECORDATION Following its execution, this agreement shall be recorded with the Orange County Recorder's Office, California. Dated: -0. //' 7 C:\WP51\SINYKIN\WALL.AGT Dated: c Dated: afr/ /9e) Susan L. Smith State of California County of Orange On - 97 personally appeared before personally known to me - OR l R ; Sr\ Comm. #1008878 ff� NOTARY PUBLIC ' CALIFORN1/41� ORANGE COUNTY Comm. Exproi Nov. 11. 1997 . Comm. *1008878 OTARY PUBLIC CALIFORNIAQ ORANGE COUNTY �J Comm. Expires Nov. 11, 1997 1 me, Irene Butler, Notary Public, proved to me on the basis of satisfactory evidence to be the person 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(ron the instrument the personjs), orthe entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. CAPACITY CLAIMED BY SIGNER Vndividuals Corporate Officer Limited Partner General Partner Attorney -in -Fact Trustee(s) Guardian/Conservator Other: Signer is Representing: DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Th an Signer(s) Named Above State of California County of Orange On J /O _ 97 before me, Irene Butler, Notary Public, personally appeared personally known to me - OR - lA Comm.81008878 NOTARY PJY(JC - ORANGE COUNTY Comm. Expires Nov. It 1997 r `It* UTLER . Vt Comm. #1008878 f� MY PUBLIC - CALIFORNrAQ ORANGE COUNTY �()) Oak 19.1599 Nov. 11. 1997 proved to me on the basis of satisfactory evidence to be the person( 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(51on the instrument the person(, orthe entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. CAPACITY CLAIMED BY SIGNER Individuals Corporate Officer Limited Partner General Partner Attorney -in -Fact Trustee(s) Guardian/Conservator Other: Signer is Representing: DESCRIPTION OF ATTTCHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above