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Home My WebLink AboutAgr 1996-04-25 (Smith Property)Recording Requested By: Return to: Scott Anderson, Planning Director Town of Tiburon _ 1155 Tiburon Blvd. Tiburon, CA 94920 htrt~ )gz4o 96-02536 11 Rec Fee .00 I Total .00 Recorded I Official Records I County of i MARIN I JOAN C THAYER I Recorder I 1:25pm 14-May-96 I XX 7 Document Title(s) AGREEMENT REGARDING ANNEXATION OF. REAL PROPERTY TO THE TOWN OF TIBURON i j R E C IIfED JUN 0 6 1996 TOWN PLANNING & I BUILDING DEPT. "r- 96-025361 AGREEMENT REGARDING ANNEXATION OF REAL PROPERTY TO THE TOWN OF TIBURON This Agreement is made and entered into this 25th day of April , 1996, by and between the Town of Tiburon, a municipal corporation, ("Town" hereafter) and Melanie Smith Stevens, Zachary B. Smith, Adam L. Smith and Norton Smith, as trustees under the Will of Neill Smith (collectively "Owners" hereafter) and is based upon the following facts: (a) Owners hold title to that certain real property ("the Property" hereafter) designated as "Parcel 'A"' and "Remainder Parcel" on that certain Parcel Map entitled "Lands of Smith" recorded in Volume 0~to of Parcel Maps at page Marin County Records; (b) As a condition of development of the Property, the County has required that the Property either be annexed to the Town or, in the alternative, that owners enter into an agreement with the Town with respect to future annexation of the Property and; (c) Town of Tiburon has agreed to defer annexation of the Property on the conditions set forth in this Agreement; NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. Owners agree on behalf of themselves, their heirs, successors and assigns that, in the event any future proceedings for the annexation of the Property to the Town shall be initiated by Town, Owners shall neither directly nor indirectly oppose or protest such annexation. 2. Owners agree that their 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 owners hereunder shall be binding on all parties having or acquiring any right, title or interest in the Property. Dated: April 25 1996 Melanie Smith Stevens Zachary B. Smi / Adam L. Smi Norton Smith TRUSTEES UNDER THE WILL OF NEIL SMITH, DECEASED TOWN OF TIBURON: By ayor ; AVt c ky/ WOLF ATTEST: t , By Town le . 'v 4 ' k 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 1K z y~ State of t~ County of On before me, DATE 1 , NAME, TITLE OF OFFICER • E.G.,'JANE DOE, NOTARY PUBLIC' _ personally appeared V• 1 , 11- NAME(S) OF SIGNER(S) ❑ personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person() whose name(\) is/axe- subscribed to the within instrument and ac- knowledged to me that he/s4eA#tey executed the same in his/I+etftfTeir authorized capacity(,i&s), and that by his/barlth signatureN on the instrument the person('), KAWNE.LORUM o"yO,~ I'~'~f1Dnstoscd+~mlo f~~ or the entity upon behalf of which the personN acted, executed the instrument. SMD"OCOWN WITNESS my hand and official seal. N I sk A V. U-5ZN 'I . - --A 14;U _AA SIGNATURE OF NOTARY 1. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ~ATTORNE -IN-FACT .I~TRUS ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOC MENT In1(__1 8~ y TO, ~_i 1 b TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES ~-A- ATE OF DO~~I~d4pLT~ SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 1. 1~b Ss,. y` s AGREEMENT REGARDING ANNEXATION OF REAL PROPERTY TO THE TOWN OF TIBURON c~ This A reement is made and entered into this ~-l day of GL 1996, by and between the Town of Tiburon, a municipal corporation, ("Town" hereafter) and Melanie Smith Stevens, Zachary B. Smith, Adam L. Smith and Norton Smith, as trustees under the Will of Neill Smith (collectively "Owners" hereafter) and is based upon the following facts: (a) Owners hold title to that certain real property ("the Property" hereafter) designated as "Parcel 'A"' and "Remainder Parcel" on that certain Parcel Map entitled "Lands of Smith" recorded in Volume of Parcel Maps at page , Marin County Records; (b) As a condition of development of the Property, the County has required that the Property either be annexed to the Town or, in the alternative, that owners enter into an agreement with the Town with respect to future annexation of the Property and; (c) Town of Tiburon has agreed to defer annexation of the Property on the conditions set forth in this Agreement; NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. Owners agree on behalf of themselves, their heirs, successors and assigns that, in the event any future proceedings for the annexation of the Property to the Town shall be initiated by Town, Owners shall neither directly nor indirectly oppose or protest such annexation. 2. Owners agree that their 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 owners hereunder shall be binding on all parties having or acquiring any right, title or interest in the Property. Dated: 1996 Melanie Smith a ns Zachary B. Smith Adam L.,-Smith ~f Norton Smith TRUSTEES UNDER THE WILL OF NEIL SMITH, DECEASED TOWN OF TIBURON: By Mayor ATTEST: By Town Clerk 51, ti AGREEMENT REGARDING ANNEXATION OF REAL PROPERTY TO THE TOWN OF TIBURON This Agreement is made and entered into this 25th day of April , 1996, by and between the Town of Tiburon, a municipal corporation, ("Town" hereafter) and Melanie Smith Stevens, Zachary B. Smith, Adam L. Smith and Norton Smith, as trustees under the Will of Neill Smith' (collectively "Owners" hereafter) and is based upon the following facts: (a) Owners hold title to that certain real property ("the Property" hereafter) designated as "Parcel 'All' and "Remainder Parcel" on that certain Parcel Map entitled "Lands of Smith" recorded in Volume of Parcel Maps at page /Marin County Records; (b) As a condition of development of the Property, the County has required that the Property either be annexed to the Town or, in the alternative, that Owners enter into an agreement with the Town with respect to future annexation of the Property and; (c) Town of Tiburon has agreed to defer annexation of the Property on the conditions set forth in this Agreement; NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. Owners agree on behalf of themselves, their heirs, successors and assigns that, in the event any future proceedings for the annexation of the Property to the Town shall be initiated by Town, Owners shall neither directly nor indirectly oppose or protest such annexation. 2. Owners agree that their 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 owners hereunder shall be binding on all parties having or acquiring any right, title or interest in the Property. Dated: April 25 , 1996 1 i TRUSTEES UNDER THE WILL OF NEIL SMITH, DECEASED TOWN OF TIBURON: By ~l M or ~t%rc K y ~V Oc F ATTEST: Y J Town Clerk Norton Smith 111~ , tb 1_'• 1 } 3 z ~iT ti F I { ALL-PURPOSE ACKNOWLEDGEMENT (Affix seal in the above blank space) Qku. STATE OF IA ) COUNTY OF ) On before me, e G, personally appeared tiff_P/k/ Name(s) of Documen Signer(s) 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 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. WITNESS my hand and official seal. / i ature of Notary IAN C~P•%i.i1~~ :'~C'. G50791 } 4 i. f z F { i ALL-PURPOSE ACKNOWLEDGMENT State of California } County of 1(~~ r n~ ) On Apga, A a, before me, TT V tJ N C- TT Name and Title of Officer (i.e., Your Name, Notary Public) personally appeared Z A C 14P P-,l .__~m r 4 Name(s) of Document Signer(s) personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose names(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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument... WITNESS my hand and official seal. r + PATTY SENNETT 0 r o C0MW#1008338 NOTARY PUBLIC-CALIFORNI Q A MARIN COUNTY O y' t , -r - My Comm FxrwP_, tirni 3. 1%7 ignattu e o ff Notary (Affix seal in the above blank space)