HomeMy WebLinkAboutAgr 1998-09-30 (Michael Martin) (2)RECORDING REQUESTED.
Return Recorded Document to:
DIANE L. CRANE
TIBURON TOWN CLERK
1505 TIBURON BLVD.
TIBURON, CA 94920
AP# 059-201-17
Attached Document:
Amendment to Agreement dated March 15, 1972 and Recorded March 28, 1972, as
Instrument No. 10664, at book 2553, Page 320, Official Records of Marin County,
California - Revocable Encroachment Permit
Recorders Office
County Of
Marin
JOAN C. THAYER
Recorder
1998-N%447
REC FEE
22.00
TOTAL
22.08
CASH
22.
TOTAL
22.0
DOE
.00
02:44PM 29-Dec-1998 19981229880297
6C ASRW3
Thank You
Have A Nice Day
NOTICE
BEGINNING JANUARY 2, 1998
The Recorder's Office will no longer "conform copies" of recorded
documents. Your receipt will be the source for the recording
information before the document is returned. If a recorded copy is
required, a copy may be purchased. Copy fees are $2.00 per page
and additional $3.00 per -document. if certified. If you record by mail
and include a self addressed stamped envelope, we will mail your
receipt to you promptly.
MARIN COUNTY RECORDER
AMENDMENT TO AGREEMENT
THIS AGREEMENT, made and entered into at Tiburon,
California, this 30th day of September, 1998, by and between
MICHAEL J. MARTIN, hereinafter referred to as "Owner", and TOWN
OF TIBURON, a Municipal Corporation, hereinafter referred to as
"Town".
WI T N E S S E T H:
WHEREAS, by deed recorded on March 12, 1997, as instrument
97-012413, Owner acquired title to that certain real property in
the County of Marin, State of California, which is commonly known
as 2440 Spanish Trial Road, Tiburon, and which is more
particularly described on Exhibit A hereto. attached and made a
part hereof;
WHEREAS, by Agreement dated March 15, 1972, and recorded
March 28, 1972, as Instrument No. 10664, at book 2553, Page 320,
Official Records of Marin County, California, a revocable
encroachment permit was granted to construct a parking deck on
the public right-of-way known as Spanish Trial Road;
WHEREAS, Owner and Town now intend to amend and modify said
March 15, 1972, agreement; and
WHEREAS, Owner has made application for an encroachment
r
permit for the construction of a three-car open carport to
replace the existing parking deck, with a footprint not to exceed
that of the existing parking deck; and
WHEREAS, on September 16, 1998, Town Council approved the
aforesaid application, subject to the conditions that, among
•7
other things, the Owner agree to remove the permitted
improvements at the Owner's expense in the event that the Town
should decide to improve said right-of-way.
NOW, THEREFORE, it is agreed as follows:
1. Upon receipt by Owner of certified copy of a resolution
of the Town Council of the Town of Tiburon evidencing the
intention of Town to improve said right-of-way and requesting
Owner to remove said parking deck and carport, Owner will,
exclusively at owner's own cost and expense, within forty-five
(45) days from receipt of said resolution, remove or cause to be
removed said parking deck and carport and all fencing and
improvements constructed in connection therewith, all of which
said improvements are located between the westerly property line
of the real property described in Exhibit A and the easterly line
of said public right-of-way.
2. Upon the failure of Owner to comply with any of the
agreements contained herein, Town may declare said improvements
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 the amended agreement shall not be exclusive.
3. If owner does not remove the parking deck and carport in
accordance with this amended agreement, Town may remove it and
lien owner's property for all costs of removal in order to secure
payment of said costs.
4. The agreements contained herein are covenants and
servitudes running with the land and shall be binding upon Owner
77
and his successors, assignees, executors, administrators and
personal representatives.
5. Except as amended by this Agreement, the March 15, 1972
agreement remains in full force and effect.
IN WITNESS WHEREOF, the parties hereto have signed and
subscribed this Agreement the day and year first above written.
TOWN OF TIBURON,
a Municipal Corporation
BY:
Town Manager Town Attorney
BY: WL. A
Michael J. Martin, Owner
EXHIBIT "A"
The land referred to is situated in the State of California, County of Marin, in the unincorporated
area, and is described as follows:
BEGINNING at point on the Easterly line of Vistazo East Street, at the intersection thereof with
the Southwesterly corner of that certain parcel of land described in the Deed executed by Ida M.
Boyle, to Florence Fullmer Couper, dated August 1, 1940 and recorded August 8, 1940 in Book
399 of Official Records at Page 254, Marin County Records, running thence Southerly and along
said Easterly line of Vistazo East Street, 110 feet to the Northerly line of the lands described in
the Deed executed by Ida Marie Gross, et al, to Warren W. Finke, et ux, dated March 17, 1966
and recorded March 18, 1996 in Book 2034 of Official Records, at Page 116, Marin County
Records, running thence North 84 ° 31' East 88.953 feet, more or less, to the Westerly line of the
parcel of land described in the Deed executed by Roger B. Ryan, et ux, to Joseph A. Johnson, et
ux, dated September 2, 1953 and recorded September 13, 1954 in Book 883 of Official Records,
at Page 15, Marin County Records, thence North 36° 39' West and along the Westerly line of the
lands referred to in last mentioned Deed, a distance of 100 feet, more or less, to the Southerly line
of the lands referred to in the Deed executed by Boyle, first hereinabove referred to; thence South
85 ° 46' West and along the Southerly line of the Deed last referred to, 105 feet to the Easterly
line of Vistazo East Street and the point of beginning.
BEING a portion of Subdivision "A" of Lot 16, in Section 1, as shown upon that certain map
entitled, "Map No. 3 of Lyfords Hegeia at Tiburon Point", filed for record August 23, 1894,
Marin County Records.
A.P. No. 059-201-17
STATE OF CALIFORNIA
COUNTY OF e,,-
ss.
On,.h~,G~~ 1998, before me, the undersigned, a
Notary Public in and for said state, personally appeared
pe?~.. (or proved to me on the basis of
aat_'.sfactory ev-.dence) to be the person hcse name is subscribed to
the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the
instrument the person, or the entity upon behalf of which the
person(" acted, executed the instrument.
WITNESS my hand and official seal. j
RAY KARTER
Q
Commission # 1155021
z v Notary. Public - California
Main County
My Comm. Bores Sep
STATE OF CkLIFORNIA
N aT`y Public
ss.
COUNTY OF 14 ~
On SIMPPt4-0-" /0 , 19 9 8 , before me, the
Public in and for said state, personally
irf-I-3d, personally known to me (or proved t
satisfactory evidence) to be the person whose
the within instrument and acknowledged to me
same in his authorized capacity, and that by
instrument the' person, or the entity upon
person acted, executed the instrument.
undersigned, a 2,Totary16 r
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T
'
C.
~
appeared ?
.
o me on the basis
of
name is subscribed to
that he executed
the
his signature on
the
behalf of which
the
WITNESS my hand and official seal.
D. L. CRANE Notary Public
Comm. # 1119443 rrnn
N NOTARY PUBLIC - CALIFORNIA Uf
Marin County
M Comm. Expire s Dec. 8, 2000
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