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HomeMy WebLinkAbout2010-09-09 (Nicole Roberts 2 Warren Way)i~ RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: c9k zm10-0044313 Recorded Official Records County of Darin JOIN C. THAYER Assessor-Recorder 11:28AM 18-Sep-2010 THIS SPACE FOR RECORDER'S USE ONLY IEC FEE 27.00 a page 1 of 5 DOCUMENT TITLE "CkA~R1\QD__k_Vk ~~ccor~e~~.~ V~crl4k . THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ADDITIONAL RECORDING FEE APPLIES C'ovw Page R', .x1s Eu HVE ~ SEP 2 7 2010 TOWN CLERK TOWN OF TIBURON MEMORANDUM OF ENCROACHMENT PERMIT CONDITIONS THIS MEMORANDUM OF ENCROACHMENT PERMIT CONDITIONS, is made and executed at Tiburon, Califo this day of 5fia C-, 2010, by ("Owners") . ` - RECITALS 1. Owners are the owners of that real property located at Tiburon, California. 2. On l L, , Owners filed with the TOWN OF TIBURON, a Municipal Corporation ("Town"), an application for encroachment permit for the construction of the improvements described in Exhibit A, which is attached hereto and incorporated herein by reference. 3. Owners proposed to construct said improvement on the public right-of-way or public land adjacent to and contiguous with (APN or Address) x U 4. On r C> , Town granted a revocable encroachment permit (No. c c:, ('Permit") to Owners allowing the construction of said improvement subject to conditions of approval ("Permit Conditions"). The Permit Conditions require, among other things, that Owners maintain the improvements as safe, clean, and serviceable, and that Owners remove said improvement at Owners' expense if the Town requests such removal. NOW, THEREFORE, OWNERS ACKNOWLEDGE THE FOLLOWING: 1. The Town may revoke this permit without cause and all improvements are installed at Owner's risk. Upon receipt by Owners of a written notice from the Town of Tiburon 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. Upon the failure of owners to comply with any of the Permit Conditions, 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. In addition, Town may use any and all other remedies authorized by the Town's Municipal Code or state law. 3. The Permit Conditions are covenants and servitudes running with the land and shall be binding upon Owners, and their successors, assignees, executors, administrators and personal representatives. 112 4. This Memorandum includes Exhibits A. which are attached hereto and incorporated herein by reference. OWNER(S): Signature: Print name: ~'J \ W(-e q-~~:: 7 R-< Signature: Print name: Notarization required - To be recorded at the County of Marin 2/2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On 0,1 &1 0 before me, e-, Date Here Insert Name and Title oft Officer personally appeared 6x45 Name(s) of Signer(s) LEIGHERIN E. HURD Commission # 1884619 Notary Public - California Marin County Comm. Expires Mar 29, 2014 who 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 he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and fficial seal. Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:t.~,.~ a Document Date: h~ I D Number of Pages: k Signer(s) Other Than Named Above:' ; Capacity(lies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General I ❑ At torney in Fact RJ2611 lei k, 14 ❑ Trustee of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General rop ❑ Atto rney in Fact f IthuPhere ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Association - 9350 De Soto Ave., PO. Box 2402 - Chatsworth, CA 91 31 3-2402 - www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 ENCROACHMENT PERMIT APPLICATION Town of Tiburon - 1505 Tiburon Boulevard - Tiburon. CA 94920 - (415) 435-7354 FOR OFFICE USE ONLY Payment Amt: za6- Encroachment Per it No: ' heck No: ?.2 Date Received: ❑ Cash Plan Attached: *Yes ❑ No Notes: Inspection Required. Contact Public Wotis at 435-7399 two days before starting work. ❑ Performance Bond / Deposit r CK Additional Conditions Apply See Attached List. CONDITIONS OF APPROVAL: ~T I `0-) A% Jts C7 Approved b ublic Works Appro ate The permit is valid for 6 month from approval date, unless otherwise stated. APPLICATION INFO N Basic applications (e.g., driveway resurfacing or routine utility connections) are viewed c granted within 5 to 7 business days. The basic Encroachment Application fee is 5 with Ii ec F inspection). Applications for more involved projects are reviewed by the Town gins er charged. After the encroachment applioation has been reviewed and. granted, the plicat wi be . of the approved application which serves as the permit. When the project is comp eted, a'fin m cti If related to a building project, occupancy permit will be withheld until final Publ orks approval. L COLE, ocation of Work & Ne / arest Cross Street Name of Property Owner Description of Proposed Work - Attach any drawings, documents, schematics, and written description to illustrate your scope. For driveways, specify type of surfacing and size of culvert, if applicable. V Estimated Start Date: Estimated tion Date: Name of Applicant (Area Code) Phone Number Names - S C.e7►~C'~~~., of Contractor License No. (Area Code) Phone Number The undersigned hereby applies for permission to perform the above described work and/or otherwise encroach on Town of Tiburon right-of-way or property pursuant to any required building permits. Applicant agrees that all work shall be performed in accordance with the rules, regulations and standards of the Town of Tiburon, in addition to the General Provisions or Special Conditions as applicable. All work shall be subject to inspection and approval by the Public Works Department. Applicant agrees to indemnify, defend and hold the Town of Tiburon, and its employees, agents, and officials harmless from any claims, losses or damages that may arise from Applicant's exercise of this encroachment permit and an other permit granted by the Town. Proof of insurance is required upon request. y Applicant's Signature: Date: A/Y4 k 0