| prepared by Steven Grimes red color marks - are my notes FENCE ENCROACHMENT AGREEMENT AMONG OWNERS This agreement arises as a means to resolve for the owners and their assigns by sale or otherwise the dispute that has arisen about the placement of the fence which separates their properties. Facts as known: Steven P. Grimes and Norma Moreno Grimes own the property (from what date?) commonly referred to as 238 Sequoia, Palo Alto. Fatekh Vergasov from March 08, 2000 owns the property commonly referred to as 300 Sequoia. A placement of a fence that was built (by whom ?) before Vergasov bought the property is now in question. A drawing has been completed and delivered to Grimes by Vergasov which purports to show the fence encroaching on the rear of the Grimes property and which appears to show an encroachment toward the Sequoia Avenue side of the Vergasov property. Grimes has not commissioned any drawing of the lot line fence. Agreement Now Being Set Forth: Notwithstanding any diagram, drawings or similar documentation, all owners to the abutting properties agree that the encroachment shall continue lawfully (how?) The fence can remain in its current location as it currently is constructed. (till what date?) None of the parties shall any claim against the other resulting from the placement of such fence. This agreement to be effective shall be notarized and filed with the County of Santa Clara commemorating this agreement and said agreement shall serve as notice to all of this agreement. Dated this day of July, 2002 at Palo Alto, California by ____________________________________________________________________ Steven P. Grimes Norma Moreno Grimes _____________________________________________________ Fatekh P. Vergasov (Notaries to follow) |