HomeMy WebLinkAboutAgr 1999-11-02 (Drake/Murakami) (2)z
Recording Requested By:
TOWN OF TIBURON
Return When Recorded to:
Planning Director
Town of Tiburon
1505 Tiburon Blvd.
Tiburon, CA 94920
RECEIVED
NOV 2 2 1999
PLANNING DEPAR'iMENT
MOM Ur T0Ui'UN
1999-1010 8G5 858
Recorded I REC FEE 22.00
Official Records I
County Of I
Marin I
JOAN C. THAYER I
Recorder I
I
CS
02:48PM 08-Nov-1999 I Page 1 of b
AGREEMENT RESTRICTING DEVELOPMENT OF
REAL PROPERTY LOCATED AT 2265 PARADISE
DRIVE IN THE TOWN OF TIBURON
(ASSESSOR PARCEL NO. 059-142-17)
This Agreement is made and entered into this 2 1,0( day of NO 0^ ~ --,19992
by and between the Town of Tiburon, a municipal corporation, ("Town") and Charles Drake
and Diane Murakami, (collectively, "Owners") and is based upon the following facts:
(a) Owners hold title to certain real property located within the Town's urban services
area, more particularly described in Exhibit "A," attached hereto and incorporated
herein by reference ("Property").
(b) Owners have applied for permission to modify the existing garage door on the
property in a manner allow only one car only one car to enter into the garage. The
garage was designed to accommodate two cars but constructed in a manner such that
it can only readily accommodate one car.
(c) The Town's general policy is to require two on site parking spaces per dwelling unit.
However, the Town has approved the Owners' application subject to certain
conditions of approval. Condition of Approval Noy 8 is that the Owners record a
deed restriction on the Property prohibiting the constriction of any additional or new
garage or carport.
(d) This Agreement is intended to satisfy Condition of Approval No. 8.
NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE
PARTIES HERETO AS FOLLOWS:
1 f
DRAKE DEED RESTRICT, GARAGE 1 f I
w
ed
NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE
PARTIES HERETO AS FOLLOWS:
The existing garage, as modified by the authorization of the Town of Tiburon Design
Review Board on October 7, 1999, shall be the only structure permitted on the
property for the purpose of storing motor vehicles. Without limiting the foregoing,
no new or additional garage(s) or carport(s) will be constructed on the property.
2. This Agreement shall run with the land and shall be binding on any and all successors
in interest to Owners having or acquiring any right, title, or interest in the Property.
3. Owners represent and warrant that they are the sole owners of the Property and have
the title necessary to restrict the use of the Property as set forth herein.
OWNERS:
CHARLES DRAKE
DIANE MURAKAlVII
TOWN OF TIBURON-
By: i, A.
= MOGENS BAC:, Mayor
`a .i ,PPROVED AS TO FORM:
Ann R. Danforth, Town Attorney
ATTEST
By.
6iane L. Crane, Town Clerk
,
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APA 1/94 VALLEY-SIERRA, 800-362-3369
ALL-PURPOSE ACKNOU..."DGEMENT
State of California
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(DATE.) 1 NOTARY)
personally appeared
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the same in his/ham/their authorized
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signatures(s) on the instrument the person(s),
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MARIOUITA TOTTOC-ORCICH
Comm. 11233475
N NOTARY PUBLIC - CALIFORNIA N
City 6 County of San Francisco
WITNESS my hand and official seal.
My Comm. Expires Aug. 30, 2003
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OPTIONAL INFORMATION
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CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
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SIGNER IS REPRESENTING:
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NUMBER OF PAGES
DATE OF DOCUMENT
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' signature(s) on the instrument the person(s),
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person(s) acted, executed the instrument.
D. L. CRANE
Comm. # 1119443
' N %My NOTARY PUBLIC - CALIFORNIA Mann County WITNESS my hand and official seal. Comm. EX14411 Dec. 8, 2000
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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)
❑ INDIVIDUAL
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APA 1/94 VALLEY-SIERRA, 800-362-3369
EXHIBIT "A"
DESCRIPTION
All that certain real property situate in the City of Tiburon, County of Marin, State of California, described
as follows:
PARCEL ONE:
BEGINNING at a point situate on the Northerly line of Paradise Drive (formerly Reposo Street), distant
North 600 00' East, 50.00 feet from the most Southerly corner of Lot 2-A, Section Four, as said lot is
shown on that certain Map entitled "Map 3 of Lyford's Hygeia (or Goddess of Health) at Tiburon Point,
Marin County, California", filed for record August 23, 1894 in separate Map Book, Mann County Records:
said point also being the Southeasterly corner of that certain tract of land shown on that certain Map
entitled "Parcel Map, Map of Centro Paradise Condominiums", filed for record February 23, 1981 in
Parcel Map Book 19 at Page 1, Mann County Records; thence from said true point of beginning continue
along said Northerly line North 600 00' East, 121.00 feet; thence leaving said Northerly line continue North
140 31'37" West 37.00 feet; thence South 78007'16" West, 29.67 feet; thence South 89000' West 38.00
feet; thence North 78004'05" West, 48.74 feet to a point situate on the Easterly line of said referred Parcel
Map thence along said Easterly line South 10055' East, 101.46 feet, to the true point of beginning.
RESERVING THEREFROM an easement for sanitary sewer purposes, situated in the Town of Tiburon,
County of Mann, five feet in width and situate Easterly of the following described line:
COMMENCING at the intersection of the two courses North 14°31'37" West, 80.83 feet and North
60000'00" East, 121.00 feet, said intersection situate on the Northerly line of Paradise Drive at the most
Southeasterly corner of the two parcels of land depicted upon that certain survey entitled, "Record of
Survey/Lot Line Adjustment between the Lands of Lucy H. O'brien, or her Successor, Trustee of the Lucy
H. O'bnen Trust", filed for record February 28, 1994 in Book 32 of Officials Surveys at Page 60, Marin
County Records; thence along the Northerly line of said Paradise Drive South 60000'00" West, 8.30 feet
to the true point of beginning; thence from said true point of beginning leaving said Northerly line North
140 31'37" West, 39.58 feet to a point situate on the common lot line between the two parcels as depicted
upon said map.
SIDELINES of said five foot wide easement measured at right angles to the above described line and to
extend or to shorten so as to terminate on the common lot line between the two parcels depicted upon
said map and to terminate on the Northerly line of said Paradise Drive.
SAID easement is for the benefit of and appurtenant to that certain parcel of land as described in the
Deed from Norah Elliott Crawford to John H. Crawford, recorded February 28, 1995 as Recorder's Serial
No. 95-009626, Marin County Records.
PARCEL TWO:
AN EASEMENT for landscaping maintenance situated in the Town of Tiburon, County of Marin, more.
particularly described as follows:
COMMENCING at the intersection of the two courses South 78007'16" West 29.67 feet and South
89000'00" West, 38.00 feet, said intersection situate on the common lot line between two parcels shown
and depicted upon that certain survey entitled, "Record of Survey/Lot Line Adjustment between the Lands
of Lucy H. O'bnen, or her Successor, Trustee of the Lucy H. O'bnen Trust", filed for record February 28,
1994 in Book 32 of Officials Surveys at Page 60, Mann County Records; thence along the common line
between said parcels as depicted upon said map South 89000'00" West, 38.00 feet and North 78004'05"
West, 48.74 feet to a point on the Westerly line of said parcels; thence along said Westerly line North
10055'00" West, 1.82 feet; thence leaving said Westerly line South 79052'22" East, 38.65 feet; thence
South 89003'18" East, 38.04 feet; thence South 69011'20" East, 10.64 feet, to the point of beginning.
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