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Home My WebLink AboutTC Res 2002-06-19 (8) > ""' RESOLUTION NO. 33-2002 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING A GRANT OF OPEN SPACE EASEMENT OVER A PORTION OF PROPERTY LOCATED AT 1 HIGH MEADOW LANE (ASSESSOR PARCEL NO. 58-100-73) WHEREAS, Lone Oak Properties, LLC has offered to the Town of Tiburon a grant of open space easement over a portion of its property located at 1 High Meadow Lane, said portion being shown on the attached Exhibit 1; and WHEREAS, the granting of the open space easement was imposed as Condition No.5 of Town Council Resolution No. 3320 that approved the Precise Development Plan for this property. NOW, THEREFORE, BE IT RESOLVED, that said grant of open space easement is hereby accepted, and the Town Clerk is authorized to record said grant of easement together with the original or a certified copy of this Resolution. r--. PASSED AND ADOPTED at a regular meeting ofthe Town Council ofthe Town of Tiburon held on June 19, 2002, by the following vote: AYES: COUNCILMEMBERS: Berger, Fredericks, Gram, Thompson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: TOM GRAM, MAYOR TOWN OF TIBURON ATTEST: Dl!!!:tL~:.. ClERK ,--... H:/dcrane/wpdocs/l High Meadow Lane grant of open space easement res.doc Tiburon Town Council Resolution No. 33-2002 6//9/2002 /"'" AP 58-100-73 (portion) Recording Requested, Return to: TffiURON PLANNING DEPARTMENT 1505 TffiURONBOULEVARD TffiURON, CA 94920 ATTN: Planning Director ~ DOCUMENT TITLE GRANT OF OPEN SPACE EASEMENT (RESOLUTION OF ACCEPTANCE ATTACHED) r--- r--. GRANT OF OPEN SPACE EASEMENT This GRANT OF OPEN SPACE EASEMENT ("Easement") is made this I ~ -4{ day of June, 2002, by Lone Oak Properties, a limited liability company, ("Grantor"). RECITALS A. Grantor is the owner of certain real property situated in the County of Marin, State of California, more particularly described in attached Exhibit "A" ("Property"). B. Grantor desires to grant to the Town of Tiburon, a municipal corporation, ("Grantee"), an open space easement on, upon, over, across and under that portion of the Property described in the attached Exhibit "B". Said Open Space Easement is also shown on Exhibit "c" attached for graphical information purposes only. C. The purpose of the Open Space Easement is to preserve the area in its natural, scenic and open space condition for the preservation of the open space character of the area. NOW, THEREFORE, Grantor hereby grants to Grantee a permanent open space easement over all that property described in attached Exhibits "B" and "C", subject to the following conditions and restrictions: -- 1. Use Restrictions. All use of the Open Space Easement shall be compatible with the preservation of the Open Space Easement in its natural, scenic and open space condition. No use of the Open Space Easement shall be made that would impair or interfere with the natural, scenic, open space and other environmental values of the Open Space Easement. No buildings, structures, or other improvements shall be constructed on, no natural resources shall be extracted from, and no activities shall be conducted in, the Open Space Easement that would diminish, damage, or destroy any physical or scenic characteristic of the Open Space Easement. No planting of trees or other vegetation is permitted. No cutting of vegetation is permitted without prior approval of an encroachment permit by the Town of Tiburon, except the cutting back of grasses or other vegetation as may be required by the Fire District. Said fire-preventive cutting shall not occur prior to June 15 of any year, and shall be done in such manner that the root systems of the dormant grasses are not damaged. There shall be no dumping or accumulation of trash, green waste, garbage or other offensive material in the Open Space Easement. 2. No Public Access. The granting of this Easement and its acceptance by Grantee does not authorize and is not to be construed as authorizing members of the public to enter upon or to use the Open Space Easement in any manner whatsoever without the consent of the owner of the Property. This provision shall not prevent Grantor, or his successors or assigns, at any time in the future, from dedicating or granting public access over the Open Space Easement. r--- 3. Access bv Grantee. The Grantee, its successors or assigns, shall have the right, from time to time, during business hours on business days and after giving reasonable prior written r--. r--- r--- notice to the owner of the Property, to enter the Open Space Easement and to inspect the Open Space Easement for the purpose of determining compliance with the terms and conditions of this Grant of Easement. 4. Non-liabilitv. The Grantee, its successors or assigns, shall have no responsibility or liability of any kind whatsoever in connection with the use or maintenance of the Open Space Easement or any part thereof All responsibility and liability for the Open Space shall remain with Grantor and its successors' in interest. Except in the event of injury or death of any person utilizing the easement for which injury or death liability is sought to be imposed on either party hereto, Grantor shall not be liable for the consequences of acts or omissions which are directly attributable to Grantee or its officers, agents, employees or contractors. 5. Enforceable Restrictions. This Easement and each and every term, condition and restriction is intended for the benefit of the public and constitutes an enforceable restriction pursuant to the provisions of Section 8 of Article XIII of the California Constitution. This Easement shall bind Grantor and his successors or assigns and is intended to run with the land. 6. Unenforceable Restriction. If any provision of this Easement or the covenants and restrictions contained herein shall be held to be unenforceable by a court of competent jurisdiction, this instrument shall be construed as if such provision had not been included herein. If any provision hereof is ambiguous or shall be subject to two or more interpretations, one or more of which would render such provision invalid or inconsistent with the open space purposes of this Easement, then such provision shall be given the interpretation that would render it valid and would be consistent with the open space purposes of this easement. IN WITNESS WHEREOF, Grantor has executed this instrument the day and year first written above. Grantor: Lone Oak Properties, LLC By: ~ ~ft7~ Mfchael Cooney / Its: Agent and Manager 2 ~ "'"' r--- Approved as to Form: /J// 4~ yL---- Ann R. Danfo Attorney for Town ofTiburon Attachments: Exhibit A: Legal Description of Property Exhibit B: Legal Description of Open Space Easement Area Exhibit C: Graphic Depicting Open Space Easement Area I high meadow lane os agree.doc 3 ALL-PURPOSE ACKNOWLEDGEMENT r--.. State of California } County of /l14te 1/1./ 55. On 1ivJo}/' ,Ioo~ before me, ;;n /T~S'RY' CIA/tiE .P!Co/T personally appeared At t c4 2d' ('dO,~,~:t- o personally known to me - OR - J81 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity( ies), and that by hislherltheir signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~ ~"'''' "'" '"'' ( - Comm. # 1286660 UJ NOTARYPU811C.CAlIFORNIA III "'.tin County - ~... Comm. Expi'tI Dec. S, 2004 .. WITNESS ~y h:,,:?,1 O~L . / ;1f:;'L( . 2c iJ4t ~ '\OT\R'l 'S SIG~ATl.;RE ~ OPTIONAL INFORMATION The information below is not required by law. However. it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT o INDIVIDUAL I]J' CORPORATE OFFICER A(2~1?~r U TlTLEI.';1 o PARTNER(SI o ATTORNEY-IN-FACT o TRUSTEEIS) o GUARDIAN/CONSERVATOR o OTHER: J + ex:. L~Jr ;4--C NUMBER OF PAGES ~~D!2ME~O 2- OTHER SIGNER IS REPRESE~TING: NAMrOIV2'0Rb:4;2:.SI ~/c)I'EK7i~, UC RIGHT THUMBPRINT OF SIGNER . . ~ c .~ n ~ E '0 ~ !" APA5j99 VALLEY-SIERRA, XfX)-Jo2-JJ6l.1 r--. EXHIBIT 'A' ALL THAT CERTAIN real property situate in the City of Tiburon, County of Marin, State of California, known as # 1 High Meadow Lane, described below as follows: ".-.. Beginning at the Northerly corner of Lot 91, as shown upon that certain Map entitled "Map of Marinero Residence No.1, Unit 2, in the County of Marin, California", filed for record March 28, 1963 in Volume 11 of Maps, at Page 72, Marin County Records; running thence along the Northwesterly line of Lots 91 and 90 of said map, S 63014' W, 264.142 feet; thence S 17045' W, 31.87 feet to the Northerly line of Sugar Loaf Drive, as shown on said map; thence along said Sugar Loaf Drive on a curve to the right whose center bears N 33020'01" E with a radius of225 feet, for a distance of 40.28 feet; thence leaving said line in the Northeasterly direction along a curve to the right whose center bears S 40037'24" E with a radius of 57.0 feet, for a distance of 18.45 feet, through an angle of 18032'27"; thence N 67055'03" E, 40.94 feet; thence on a tangent curve to the left with a radius 156.00 feet for a distance of 62.29 feet, through an angle of22052'45"; thence on a tangent reverse curve to the right with a radius of 158.00 feet for a distance of 50.17 feet, through an angle of 18011 '42"; thence N 63014'00"E, 46.65 feet; thence on a curve to the left with a radius of 180.00 feet for a distance of 135.33 feet, through an angle of 43004'38"; thence N 20009'22" E, 26.01 feet; thence on a curve to the left whose center bears S 69050'38" E with a radius of 183.00 feet, for a distance oflO1.55 feet, through an angle of31 047'43"; thence N 68000'00" E, 61.71 feet; thence S 70029'14" E, 526.24 feet; thence S 25040' W, 160.93 feet to the Northeast corner of said map; thence running N 70029'14" W, 421.00 feet; thence S 63014' W, 113.50 feet to the point of beginning. Containing Approx. 99,739 square feet /'" -- """' EXHffilT "B" Parcel One Private Open Space Easement Beginning at the Northeast corner of the "Map of Marinero Residence No.1, Unit 2, in the County of Marin, California", filed for record March 28, 1963 in Volume 11 of Maps, at Page 72, Marin County Records; also being the southeast corner of Parcel One D.N. 2000-0034745, Marin County Records; thence along the common boundary line of said Parcel and Map N 70029'14" W, 385.85 feet; thence leaving said line N 19030'46" E, 69.91'; thence N 37019'01" W, 91.54'; thence N 70029'14" W, 31.35 feet; thence N 01014'37" W, 42.78' to a point on the Northeasterly line of said Parcel One; thence along said line S 70029'14" E, 526.24 feet; thence S 25040'00" W, 160.93 feet to the point of beginning. Containing approximately 69,658 square feet (1.60 acres). """' "....... r-. LJJI..M ~ / 1l..BJLZ2 f I~a. .... I !~ ~o: I LJ2LaI 1l..BJLZ2 l./JL1/I 1l..BJLZ2 '" <l ~ J.QL11,J 1l..BJLZ2 ~ 111 12 City of T/buron -------- ~ <-- ~,et' ~\(\\'f ~rJ#- ~~ ~" - - .... ........ - '1"1 I~ - N7D"29'14"W' I 31.35'-' . I I. I';: I <. PARr.F'I (}NF t..: 'oJ .... 8LDG ENVEltJPF 10, .~. , I~ , I' J:." .0 ~ \of......... I~ ::a; Y'- ..... I~ .. ~ u.. &9.~L:-'>I~ i ~ ;'19-30'46"[ ..~ ~ ~~ '\ ~ " .- MCADCW LANE , / (S25'40'00"W I. 160.93' U1 -.I NO (.11 . ~lO lO"':: -.I..,. . : {"1 " o 2 -.I o ~J ~ ..,.: \g; ~(.11 (Xl ..,. (.11_ N ..... LEGENQ - - - - denotes Existing Building Setback o O. r-- .... ~ Line r-. 1 .. 1 -... 1"-100' . JLH - 5-08-02 _ ~OH JU: 00-050 ~ JlH -- "w PARCn l1N€ PlWVA 1F DP€N SPAcr ON 2000-0034745 69,658 ~. ft. 1.80 1JCr68 J.L. ENGINEERING CIVIL ENGINEERS-WID SURVEYORS 15.'1411 sr. SII WAIl ('A. IMIlI (415)45'1"'7 ~~ SCALE. 1'= 100' -:/~ ---- -------- I ---- ---- ---- ---- ----- ---- -- ..--- -- z .....(j) .......,. ""N ""0 . - NO 0.0: ::E N01'4'37-W 42.78' J15 HIGH MCADOW LANE PAfIt':Fl 71In ON 2OtX)-00347~ \ \2 -.I (.110 N' (j)N .lO N"':: ..,. ..,.: ~ S25'40'00"W 244.92' EXHIB IT "c " HIGH MEADOW LANE TIBURON. CALIFORNIA ~