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Home My WebLink AboutAgr 1966-07-18 (Finke Spanish Trail) (2) �,�k: � � A G R E E M E N T THIS AGREFMENT, made and entered into a� Tiburon, California, this �.� fi� day of J u(y ,195�, by and l�etween Jeanette T. Finke and Warren We Finke , hereinafter refer- (Name) red to as tOOwners1°, an� CITY OF TIBURON, a Mun2cipal Corporation, hereinafter referred to as 9iC�.�yii' W I T N E S S E T H : WHEREAS, On �lune 23, f966 , owners filed with City (Date� _ application for encroachment permit for the construction of a parking deck to serve the hereinaf�er described real proper�y of owners; and WFiEREAS, said parking deck was proposed to be constructed on the public right-of�way knawn as Spanish Trail Road ; and (Street) WHEREAS, on Jufy 18, P966 , City granted a revoeable (Date} encroachment permit to owners permitting the construction of said parking deck subjec� to, among other things, owners� agreement to remove said parking deck at owners' expense upon the eventuality of City`s future plans to improve said right-of-way; and SidHEREAS, owners have constructed said parking deck pursuant to saic3 encroachment permit; NOW, THEREF�RE, IT IS AGREED AS F�LLOWS: l, That upon receipt by owners of a certified copy of a resolution of the City Council of the City of Tiburon evidencing the intention of City to improve said right-of-way and requesting owners to remove said parking deck, owners wil1, exclusively at their ocan cost and expense, within forty-five (45) days from receipt of said resolution, rem.ove or cause to be removed said park- i.ng deck, and ail fencing and imp�ovements constructed in conjunction with said parking deck, all of which said improvements are located between the westerly property line of the hereinafter described groperty. 2. That the property hereinabove referred to is described as follows: A11 that real property known as Assessor°s Parcel No.Sc�_7pl_EF & 36 more p�rticularly described as follows: PARCEL ONE• Beginning at a point on the Easterly line of Vistazo East Street, distant thereon Northerly 66.74 feet from the Southwesterly corner of Zot 17, of Section One, as designa�ted on "MAP OF LYFORD°S ITYGEIA AT TiBURON POINT", filed A�.gusi: 23, 1804 in the office of the Coun�y Recorder of the County of Marin, State of California; and running thence from the said point of beginning along the said line of the said Vistazo East Street on a curve 12504 feet radius, curving �o the left with a central angle of 31° 5�' Northerly, a distance of 70,00 feet; thence leaving the last named line, North 80° 55' East 16707 feet to the Westerly line of Centro East Street, also known as Paradise Drzve, as designated on the said map; ` thence along the last named line, South 26° 11° East 6900 feet; thence leaving �z the last named line, South 76° 05° West 83.3 feet; and thence South 83° 28' West � 9508 feet to the point of beginninge PARCEL TWO• COMMENCINGsat a point lying on the easterly line of Vistazo East Street being C� also the westerly line of Subdivision A of Lot 16�in. Section One, Map Noa 3, � Zyford's Hygeia, said point being the southwest corner of Parcel Two deeded by `'� ' Silberberg to Stern recorded in Volume 458 of Official Records, at Page 26, � Marin County Records, and running thence North 84° 31" East 88,953 feet (Stern � deed called North 85° 46' East 90,0 feet) along the Stern property; thence � South 36° �9' East 190467 feet along the property formerly owned b�y Ryan; � then South 81° 39e West 85045 feet (Finke deed called ��'x�h �0� 55 West) alang � the Finke property; thence �n. the arc af a circular curve to the left whose �:�,�-''�", center bears South 57° 04p west with a radius of 125040 feet a distance of 25.05 e`�.n feet along tYae easterly line at Vistazo East Street to �the goint of commencemento - 2 - 3. That upon the failure of owners to comply WZt� any of the agree- ments contained herein, City may declare said improvements to �e a public nuisance, and may take such ac�ion as may be authorized by lac� to a�ate said nuisance. The remedy of City as cantained in this paragraph shall not be exclusive. 4. That the ag-reemen�s cantained herein are covenants and servitudes running taith the land and shall �e binding upon oconers, and thezr successors, assignees, executors, administrators and personal representatives. IN T�ITNESS ti3HERE0�, the parties hereto have signe� and subscribed this Agreement the day and year first above taritten. CITY OF TI13UPe0�, a Municipal Corporation 3� 6�]� �� // I S � bvf �F.� '6i��ra. V'l�� p.%�V��1/" �/� ..re.r^^"'. By:- �3IllE? �.��5 B��i�F�TI �u��°i�tt�a�c3eiit of �ublic b�7orks �. � } �... �'C�.J. A�~�F� �.r'-a `1 /� STATE OF CALIFOiZNIA } �� tame ) ss: � COUNTY 0� MARIN ) � On this �b�L�.�. day of C;ci.o�.�i , in the year orze �housand nine hundred and uz��-�� , befo-re me �� -�� , •a No�ary FubZic, S�ate of California, duly commissioned and sworn, gersonaliy appeared ��.��:`�l'�. 'a��. ��?:za�.e ��.� ��.�3.?�.��e �.�y�.��e , known to me to be the persons whose na.mes are saabscribed to the within instrument and actcnovaledged to me tha� they ex�.c�ated t�e s ame. u�� r;, 'r, IN idITNESS �,aHEREOF � have hereunto se� my �.and and affa.x�i�;;m� ci�f�c�a1 �. seal in the Gounty of Ma-rin the ciay and year in t�sis certificate fz�s`� abov� „�, ti�rs�tene y .a � ,�, � � � r'� �� s ��`"3.,�-� N�TARY Pt.TBI,Ia � 2 a��2��3 �Ac��34 : . RECQRDED Al' REQUES�' �� ` ¢�� - ° MIN. PAST �� C��,. � ��, ��' , `''��,-� ATa_ , �,� � 0 CT 2 7 19�6 � p �;t J J�i��:e��..,; t1#�icial Records o4 Niarin CountY, c�4�f�� , .�'U2�GrrLt/1Ztj FEE S .� �. R�coROF:�� : �' � 6;�� t�3�� A�E��