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o AGREEMENT FOR PARTY *ot <br />Agreement for butlding Party wall. Thls Agreement made and entered lntothls day of May 1890, by and between the Orange County Investmenr Company, acorporatlon duly organlzed and dolng buslness under and by virtue of the laws ofthe State of California, the parry of the first part, and W.B. Hervey of the <br />same, place the party of the second part. Witnesseth that whereas the party ofthe flrst part is the owner ln fact of the following descrlbed real estate, towlt Lot flve in block Fourteen of the Clty of Santa Ana, County of Orange, Stateof Callfornla, and the party of the second part is the owner ln fact of the real <br />estate described as follows, to wlt Lot Etght in Block Fourteen of the City of <br />Santa Ana in sald County and State immediately adJointng sald Lot Five on theNorth: and Whereas the party of the first part is about io begtn erectlon of abrlck building on sald Lot five, it is hereby agreed between rhe parties hereto,that the flrst party may bulld the north wall of satd contemplated bullding, <br />along and on the llne between sald Lot flve and etght as follows: One half theie <br />on said Lot Five belonglng to the flrst party, and one half thereon belonglng to <br />the second party hereto, so rhat when completed the South half of sald wall wlll <br />be upon Lot flve and the North half of said wall will be upon Lot eight above <br />descrlbed. Now therefore Thls Agreement wltnesseth: That the sald flrst partyfor and in consideratlon of the covenants upon the part of the second pirty <br />hereinafter mentioned agrees, promises and covenants wlth said second party to <br />bulld sald North wall of satd contemplated bulldlng along the line and on each <br />side thereon of said Lots flve and Eight, one half of said wall, and to be on <br />each lot and to bulld the same of good merchantable brick and ln a good and <br />workman llke manner to bulld sald wall two storys htgh and the entire length of <br />sald lots, or shorter as the sald flrst party may choose: and to pay for the <br />same wlthout any charge against sald second party, except as herelnafter <br />mentloned, the same to be used as a party wall by the respectlve partleshereto. And satd flrst party hereby covenants for ltself its successors and <br />asslgns to and wlth the said second party, hls heirs and assigns, and that said <br />second party, hls helrs or assigns, may use said wall, or so much thereof as he <br />may desire, whenever he deslres to erect a building on sald lot eight wlrhoutlet or hlndrance from said flrst party. And the second party hereln for and in <br />conslderatlon of the bulldlng by the flrst party hereln, of the one half of thewall upon his lot as aforesaid, hereby promlses covenants and agrees with theparty of the first part, that in the event that he shall butld on the part oflot eight on which the sald wall extends, and to use said wall as a part of hls <br />butldtng, that he will pay to the party of the flrst part hereln, or lts <br />successors or asslgns one half of the costs of the bullding of the proportion of <br />sald wall that sald second party deslres to use, It is further agreed between <br />the parties hereto that this agreement shall be a perpetual covenant remalnlngwlth the land, as is to bind the successors, helrs and asslgns of said partles <br />forever but that this agreement shall not have the effect or operatlon of <br />conveylng to elther party hereto the land of the other upon whlch said wall ls <br />bullt but only the rlght and use of sald wall as a party wall forever. In <br />Witness Whereof, the Orange County Investment Company, the party of the firstpart hereto, has caused to be affixed hereto, its corporate name and seal, and <br />caused thls lnstrument to be executed by lts Vlce Presldent and secretary <br />hereunto and authorlzes for and behalf of sald Corporation, on the date above <br />wrltten, and the party of the second part has hereunto slgned sald lnstrument <br />the day and year first above written. <br />(Signed May 5, 1890; Recorded May 9, 1890)