HomeMy WebLinkAboutAgr 2002-06-19 (James and Lisa Barton)
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20102-0082292
Recorded I REC FEE .00
Official Records I
County Of I
Marln I
JOAN C. THAYER I
Recorder I
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09:00AM 19-5ep-2092 I Page 1 of 8
TOWN OF TIBURON
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APN NO. 58-091-12
Recording Requested By:
Return to:
Director of Community Development
Town of Tiburon
1505 Tiburon Blvd.
Tiburon, CA 94920
This document is for the benefit of the Town of Tiburon.
DOCUMENT TITLE
AGREEMENT REGARDING
ANNEXATION OF REAL PROPERTY
COMMONLY KNOWN AS
7TEABERRYLANE
TO THE TOWN OF TIBURON
AGREEMENT REGARDING ANNEXATION OF REAL PROPERTY
TO THE TOWN OF TIBURON
This Agreement is made and entered into this 19th day of June, 2002 by and between the
Town of Tiburon, a municipal corporation, ("Town" hereafter) aIld James A. Barton and
Lisa T. Barton ("Owner" hereafter) and is based upon the following facts:
(a) Owner holds title to that certain real property ("the Property" hereafter) described
in Exhibit "A" attached hereto and shown for illustrative purposes only on the
attached Exhibit "B"; and
(b) Owner desires to connect to the public sewer system provided by Sanitary District
No.5. As a result of the Marin Local Agency Formation Commission (~AFCO)
dual annexation policy, Owner would be required to annex to the Town of
Tiburon concurrently with annexation to the Sanitary District unless the policy is
waived. Town recognizes that at this time, annexation of this non-contiguous
property would result in inefficient provision of Town services to the property,
but that at some point in the future, the Town may desire annexation.
(c) The Town has agreed to defer annexation of the Property and recommend such to
'the Local Agency Formation Commission on the conditions set forth in this
Agreement.
NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES
HERETO AS FOLLOWS:
1. Owner agrees on behalf of himself, his heirs, successors and assigns that, in the
event any future proceedings for the annexation of the property to the Town shall
be initiated by the Town, Owner shall neither directly nor indirectly oppose or
protest such annexation.
2. Owner agrees that his obligations hereunder shall run with the Property and that
the Property shall be held, conveyed, hypothecated, encumbered, leased, rented,
used and occupied subject to the provisions of this Agreement and that the
obligations undertaken by Owner hereunder shall be binding on all parties having
or acquiring any right, title, or interest in the Property.
2
OWNER:
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J ame . arton
OWNER:
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a . 'Barton V
By:
APPROVED AS TO FORM:
By:
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Ann R. Danforth, Town Attorney
Attachments: Exhibits "A" and "B".
7 teaberry annex. doc
3
EXHIBIT A
All that certain real property situate in the County of Marin.. State of California, described as follows:
PARCEL ONE:
BEGINNING at a point in the center line of a road 40.0 feet wide, said point being the Northwesterly corner of
the property described in the Deed from Harold A. Onstad, 8t ux, to H. H. Horne, et UX, recorded May 11, 1948
in Book 582 of OfficiaJ Records, at Page 393, Marin County Records; running thence along the Westerly
boundary line of said property in the Deed to Horne, South 120 32' West 195.92 feet to the Southwesterly
corner thereof; thence leaving said iine and running South 860 West 40.0 feet to the Southeasterly corner of
the property described as Parcel One in the Deed from Hugh J. Downey, et ux to Robert C. Cruickshank, et
ux, recorded July 25, 1957 in Book 1130 of Official Records, at Page 381, Marin County Records; running
thence along the Easterly line of said property in said Deed to Cruickshank, North 70 27' 'yVest 187.9 feet to
the Northeasterly comer thereof: said point being in the center line of the aforementioned 40.0 foot road;
thence Easterly along said center line to the point of beginning.
PARCEL TWO:
A NON-EXCLUSIVE easement for driveway purposes over, along and across the following described parcel of
land :
BEGINNING at a point on the Southerly line of a 40 foot road known as Teaberry Lane (formeily Tredogo Road),
at its intersection with the Westerly line of the lands conveyed to Elmer G. Hale, et ux, by Deed recorded March
10,1959 in Book 1261 of Official Records, at Page 138, Marin County Records; runnina thence South 70 27'
East along the Westerly line of said lands of Hale 160 feet to the most Southwesterly corner of said lands;
running thence North 860 East along the Southerly line of the said lands of Hale, 40 feet; running thence South
290 40' 19. West 70 feet; running thence North 160 50' West 202 feet, more or less, to the said Southerly
line of Teaberry lane:- running thence Northeasterly along said line 47 feet, more or less, to the point of
beginning.
PARCEL THREE:
BEGINNING at the Northernmost point common to the lands of Harris as described in Document No. 90-
0058083, Marin County Records, and the lands of WItZel as described in 8001( 2556 of Official Records, at
Page 290, Marin County Records; thence along the line common to said properties, South 71 0 27' 00. East,
119.22 feet; thence leaving said line, North 290 50' 0" West, 31.85 feet; thence North 160 50' 00. West,
75.13 feet, to the centerline of Teaberry Lane: thence Northeasterly atong said centerline, along a curve
concave to the Northwest, whose center bears North 350 36' 01. West, radius 125.00 feet, through a central
angle of 50 54' 51., an ..c length of 12.90 feet: thence North 480 29' 00. East, 13.98 feet: thence along a
tangent curve to the right, radius 100.00 feet, through a central angle of 1 0 12' 14. an arc length of 2. 1 0 feet
to the point of beginning.
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SIGNER(S)
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acknowledged to me that he/she/they executed
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signatures(s) on the instrument the person(s),
or the entity upon behalf of which the
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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)
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signatures(s) on the instrument the person(s),
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WITNES~~
NOTARY'S SIG~~\TURE
OPTIONAL INFORMATION
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