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HomeMy WebLinkAboutAgr 1999-11-01 (Gary Lisk) (2)r APN NO. 59-061-29 Recording Requested By: TOWN OF TIBURON Return to: Planning Director Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 DOCUMENT TITLE AGREEMENT REGARDING REVOKABLE ENCROACHMENT PERMIT FOR A CAR DECK ON THE PUBLIC STREET RIGHT-OF-WAY ADJACENT TO 1859 MAR WEST STREET IN THE TOWN OF TIBURON r 1 999-0080857 Recorded I REC FEE 22,E Official Records County Of Marro JOAN C. T}WYER Recorder CS 02:48PM 08-Nov-1999 I Page 1 of 6 7.LS! C i x NOV 2 2 1999 I~Rw i T0'4 N' e,F TIB~(' w€ j E110roaCh111ent Permit Agreement RECORDING REQUESTED, RETURN TO - TIBURON BUILDING DIVISION 1505 TIBURON BOULEVARD- - - TIBURON, CA 94920 AGREE-MENT J HIS AGREEMENT, made- and entered. into at Tiburon, California, this - - - - ist day of November - 1999, by and. _ between MR GARY LISK _ hereina fter referred to as "Owners", and TOWN OF TIBURON, A Municipal Cooperation, - hereinafter referred to as "Town". WINE-S-SETH: WHEREAS,..- on- 12.7197. _ owners filed with Town an ate - applieation: for encroachment permit for the-- construction o f the improvement further -described in :attached Exhibit "A"; and - WHEREAS, said. improvement was proposed to be -constructed on the public right-of way or public land known as fronting 1854 MAR WEST (car deck) and _ - WHEREAS, on 212197. , Town granted a revocable encroachment permit _ (No. 97-04 ) to owners allowing the construction of said improvement subject to,. among other things, owners' agreement to remove said improvement at owners' expense upon the eventuality of Town's future plans to improve said-right-of--way or public land; and WHEREAS, owners have constructed said improvement pursuant to said encroachment permit; NOW, -THEREFORE, IT IS AGREED AS FOLLOWS; - 1 That upon receipt by owners of a certified copy of a resolution o f the Town Council of the Town of Tiburon evidencing the intention of Town to improve said right-of-.way and requesting owners to., remove said improvement, owners will; exclusively at their own cost and expense, within forty-five (45) days from receipt of said resolution, remove or cause to be removed said improvement. 2. That the property hereinabove referred to is described-as Marin -County Assessor No. _ 59-061-29 more particularly described in Exhibit "B", attached. 3. That upon the failure of owners to comply with any of the agreements contained herein, Town may declare said improvement to be a public nuisance and may take such action as may be authorized - by law to abate said nuisance. The remedy of Town as contained in this paragraph shall not be exclusive. -4.- That the. agreements contained herein are covenants.and servitudes.running with the land and shall be -binding upon owners, and their successors, assignees, executors, administrators and personal representatives. - IN WITNESS -WHEREOF, _the parties hereto have signed and subscribed this. Agreement in. the day- and year f rst above written. - OC/VNER(S): CA TOWN OF TI B URON, a- Municipal Corporatio Town. -Engineer_ S. t Town of Tibu n - - STATE OF CALIFORNIA ss COUNTY OF MART N _ - Orl this - - day o f d 0h4 , in- the year one thousand nine hundred . and At"/-tj - A.4. ,t before me W-6 a Notary Public, State ol(t6lifornia, duly commissioned and sworn, personally appeared 6.4 0ey ,G S , - - - -known tome to be the persons whose names are subscribed-to the-within-instrument and acknowled d - to me that they executed the some.. IN WITNESS WHEREOF I have hereunto set my hand and affixed my o icial seal in the County - of Marin the day and yeMin*s cote first above written. - - NOTARY P BLIC 3193 Iforms1enca ree: nn _ _ - ~ - D. L. CRANE . C - r~ Com.m. # 11.1 443 v1 NOTARY PUBLIC - CALIFORNIAN 2 Marin County - 2 Comm. Extras Dec. 6, 2000 ALL-PURPOSE ACKNOWLEDGMENT F 0 -4dNNW*-4dE1W 0 _44mm- 0.090wo S tate of California ' Count of )4k V SS. ' On ~ before me, / -Nov 1 4 • (D E) 7- (NOTARY) personally appeared A16 S "G J4- P,~ ' SIGNER(S) i lSr~ ' personally known to me - OR- ❑ proved to me on the basis of satisfactory • evidence to be the person(s) whose name(s) ' is/are subscribed to the within instrument and ' • acknowledged to me that helshe/they executed • ' the same in his/her/their authorized I • capacity(ies), and that by his/her/their • ' D. L. CRANE signature(s) on the instrument the person(s), I ' - Comm. # 1119443 or the entity upon behalf of which the • ' N A NOTARY PUBLIC CALIFORNIAN Mann County person(s) acted, executed the instrument. ' My Comm. Expires Dec. 6, 2000 `i • I • WITNESS my hand and official seal. • I • NOTARY'S SIGNATURE • ' OPTIONAL INFORMATION • ' The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. • ' CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ' ' .IIlI ~ U if XINDIVIDUA1(Lj(_k (61 U CORPORATE OFFICER J 7_014 Aj TITLE(S) TITLE OR TYPE O DMO! ENT I • PARTNER(S) IfS1 /Vl.?r ldef'`'a ' ❑ ❑ ATTORNEY-IN-FACT f C k.~ a ' ' ❑ TRUSTEE(S) NUMBER OF PAGES • ❑ GUARDIAN/CONSERVATOR • ❑ OTHER: DATE OF DOCUMENT ' SIGNER IS REPRESENTIN ' NAME OF PERSON(S) OR ENTITY(IES) nl • OTHER L 0 .4somw *.NNNW 0 "Now- 0-ONEWO-MINEW APA 1/94 VALLEY-SIERRA, 800-362-3369 14 TOWN OF_ TI B U RO N 1155 TIBURON BLVD., TIBURON, CA 94920 OFFICE OF THE TOWN ENGINEER T ` (415) 435-7369 Fax (415) 435-2438 No: '14 7-D4 ENCROACHMENT PERMIT T Oe 6,d /f/ z1s/e, THIS IS A TRUE A D Q . S . c . CERT' tPy 1 ~ 3 2 vL L 0,4 sT C-4- 9y-116 TOWN CLERK = Z 19 9 7 In compliance with your request of 2 7 ,1997 and subject to all terms, conditions and restrictions written or printed as General Provisions and Special Conditions on any part of this form and attachments/, PERMISSSION~ IS HEREBY GRANTED TO: n P ~f- r At: 195- We s % T b v ro ~-7 All work shall be done in accordance with attached condition(s): and the following Special Condition(s): - c Ex v r 77,4 Pvi • Z7 ?;~4 a S - A o f~ T. 11-7 ~ ~mf ~ ,r ~ Z;e 7- Cc, a,2~~ c. r a .57,A_o 1AA_ 4-a~ 0~ Z7 f hAJ OCCu W► a rle,~.ar a c~roac ~ C rAa SA de. r~ This permit is to be strictly construed and no work other than that specifically stated / above is authorized hereby. This permit shall be void before Permit Fee: 'o . 0 © a.Y.a 29=G6 l_J s.r.n_ 0555_ unless the work herein contemplated shall have been completed 19 I/ cc: Public Works Superintendent, Office, Field TOWN ENGINF=ER EXHIBIT "B" DESCRIPTION All that certain real property situate in the City of Tiburon, County of Marin, State of California, and is described as follows: PARCEL ONE: PARCEL 3, as shown upon that certain Parcel Map entitled "Parcel Map Land Division of Lots 19-24 and Lot 52 of the unrec. map of Lyfords Hygeia Map No. 3, Tiburon, Marin Co., California", filed for record May 24, 1968 in Book 2 of Parcel Maps, at Page 83, Marin County Records. EXCEPTING therefrom the title and exclusive right to all of the minerals and mineral ores as-excepted and reserved in the Deed from Northwestern Pacific Railroad Company to Donald F. Flynn, recorded June 30, 1958 in Book 1199 of Official Records at Page 177, Marin County Records. 'PARCEL.. TWO: A NON-EXCLUSIVE Easement for access and utility purposes over the following described property: BEGINNING at a point on the Northerly line of Mar West Street, being the most Southerly corner of Parcel 4 of that map filed for record May 24, 1968 in Book 2 of Parcel Maps; at Page 83, Marin County Records; marked on the ground by a found 3/4" iron pipe tagged P.L.S. 5296, as shown on that Record of Survey filed in Book 33 of Official Surveys, at Page 90, Marin County Records, which point bears North 520 17' West 10.39 feet from the most Southerly corner of said lands of Hanibal Trust; thence along said line of Mar West Street, North 520 17' West 31.52 feet to the true point of beginning; thence leaving said line, North 340 27' West 93.00 feet to a point on the common line between Parcel 3 and Parcel 4 of said Parcel Map; thence along said line South 3S° 36' 15" West 17.02 feet; thence leaving said line, South 340 27' East 37.46 feet to a point on the Northerly line of Mar West Street; thence along said line, South 520 17' East 52.25 feet to the point of beginning. SAID easement is appurtenant to Parcel 3 shown in Book 2 of Parcel Maps, at Page 83, Marin County Records.