HomeMy WebLinkAboutAgr 1967-07-10 (Bentley) (2) _ \
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AGREEMENT
THIS AGREEMENT, made and entered into at Tiburon,
California, this lOth day of July , 1967 , by anci between
Lloyd George Bentley & Emily M. Bentley � hereinafter refer-
red to as "Owners" , and CITY OF TIBURON, a Municipal Corporation,
hereinafter referred to as "City" ,
WITNESSETH:
WHEREAS , on July 10 , 1967 , owners filed with City
application for encroachment permit for the construction of fence
and wall to serve the hereinafter described real property of
owners ; and
WHEREAS , said wall and fence was proposed to be constructed
on the public right-of-w�.y known as Rock Hill Drive ; and
WHEREAS , ori Ju1y 28, 196 � City granted a revoc-
able encroachment permit ` to owners permitting the construction of said
wall and fence subject to , among other things , o�zners ' agreement
to remove said wall and fence at owners ' expens�upon the eventua-
lity of City' s future plans to improve said right-of-way; and
WHEREAS , owners have constructed said wall and fence pur-
suant to said encroachment permit ;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS :
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 wall and fence , owners will , exclusively at
their own cost and expense , within �orty-five �45) days from receipt
of said resolution, remove or cause to be removed all fencing and
improvements constructed in conjunction with said encroachment , a11
of which said improvements are located on the hereinafter described
property.
2 . That the property hereinabove referred to is described
as follows : All that real property known as Assessor' s Parcel
No. 39-152-01 , more particularly described as follows :
DESCRIPTION:
That certain real property situate in the County of Marin,
State of California, described as follows :
PARCEL ONE•
Commencing at the most southerly corner of the land conveyed
by Deed from Jo Benton Bostick, Jr. , et ux, to Warren L. Bostick,
et ux, recorded September 25 , 1956 in Book 1061 of Official Records
at page 46 , Marin County Records9 thence along the southwesterly line
of said land North 45� 09 ° West 78. 00 feet and North 31`' 24' West
347 . 97 feet to the point of beginning; thence North 31" 24� West
292 . 03 feet to a point ; thence on a curve to the left with a radius
of 1280 feet , an arc distance of 4. 17 feet ; thence North 58� 36 ' East
157 . 41 feet to the center line of a 40 foot road ; running thence
South 3``24 ' East along the center line of said road 335 . 27 feet to
the point of beginning.
Parcel Two •
An easement for roadway and utility purposes over a strip
of land 40 feet in width, the center line of which is described
as foilows :
Beginning at the most nor�herly corner of that certain parcel
of land described in the Deed from Robert D. Valentine to Harold J.
Holtzinger, et ux, recorded October 17 , 1958 in Book 1226 of Official
Records at page 576 , Marin County Records ; running thence South 10` 42 '
West 279e93 feet ; thence on a c�rve to the left with a radius of 200
feet and a central angle of 14` 06 ' a distance of 49 . 22 feet ; thence
South 3`' 24 ' East 381. 03 feet.
Excepting therefrom that portion thereof which lies within
Parcel One above described.
B�GK �� � Pd�E���
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3. That upan the failure of oc•Tners to comply coith any of the ag:2e-
men�s contained herein, City may declare said imgrovements to be a public nuisance,
and may take such ac�ion as may be au�horized by la�a to a'uate said nuisance. The
remedy of City as eon�ained in this paragraph shall not be exclusive.
4a That �he agreements contained herein are covenants an� servitudes
running zaith the land and shall be bznding upon awners, and their successors,
assignees, executors, administratars and personal representatives.
�N t�ITNESS waIiEREOF, �he parties hereto have signed and subscribed this
A�ree�ent the day and year first above z�ritten.
CITY OF 1�BI7P.�V, a
i�3unic ipal Corp�rat i�n
h ' �� .� ����
�y �.� �� � �'
" -:� �� Nazne �
OUZS BRUI�IN�
Supe�'inte�,dea�t of Fublic Works
� :, �
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S'£ATE t3F CALIF0�IIA } ���e
} ss:
�QtTNTY QF MARIN ) .
�
Qn this /` ?,��, day of � `' , in the year one
�housand nine hundred and ,/��i� ' ,o�,.���, beta-re me
�_" �� . � ��� , , Notary Fuyli�, State •f C lifornia, dulg
comaaisszcsned and sworn�personally appeared �.� ,�_
��_� � . ,� ��,f �%� , known i�o me to be th� persons ca�acsse nam are
s�abscri d to the within ns�rument and acicnowled�ed to me that they exeeuted
the same.
IN WTTNESS t�TH�REQF I have hereunto sec my �and and affixed my official
seal in the County of Marin the day anct year in t�is certificate farsi. abave
i�ritten.
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