HomeMy WebLinkAboutTC Res 1992-09-16 (2)
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RESOLUTION NO. 2882
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
GRANTING A TEMPORARY EASEMENT TO
IRVING AND VARDA RABIN (3825 PARADISE DRIVE)
WHEREAS, as a condition of approval for their Precise Development Plan for
. 3825 Paradise Drive (Ordinance No. 377 N.S.), Irving and Varda Rabin were allowed
to temporarily connect to the Richardson Bay Sanitary District for sanitary sewer
service until such time as service from Sanitary District #5 becomes available in (lrder
to avoid use of a septic tank; and .
WHEREAS, in order to make this connection, the Rabin's sewer line must cross
under open space owned by the Town of Tiburon;
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of
Tiburon that:
1.
The Town of Tiburon hereby grants a temporary easement to Irving and
Varda Rabin (hereafter "Grantees") for the purpose of installing and
maintaining a sanitary sewer line. The easement is specifically described
in Exhibit A to the Grant of Easement Deed which is attached hereto and
incorporated by reference.
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2. This grant of easement is subject to the following conditions:
a. The easement shall only be used for the installation of one four
inch (4") maximum diameter pipe to serve only the one single
family home approved in Ordinance No. 377 N.S.
b. The easement shall expire and become null and void at such time
as a sewer line connecting into the facilities of Sanitary District #5
is installed within four hundred (400) feet of Grantees property, or
in the alternative, if Grantees property is ever annexed into the
Richardson Bay Sanitary District. At such time as either of these
two events may occur, Grantees shall remove the pipeline and any
other improvements authorized herein and restore the open space
to the condition it was in at the option of and as directed by the
Town.
c.
Grantees shall cooperate with Sanitary District #5 and adjoining
property owners in efforts to form an assessment district for
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extension of sewer service from Sanitary District #5 and expansion
of the Playa Verde plant.
d.
Pursuant to LAFCO Resolution #91-12, Grantees shall enter into
a formalized written agreement with Richardson Bay Sanitary
District, Sanitary District #5 and the Town of Tiburon providing
that when sewer service from Sanitary District #5 becomes
available, the temporary connection to Richardson Bay Sanitary
District shall be removed, and Grantees property permanently
connected to Sanitary District #5 and furthermore, that any future
development of the property shall receive sewer service from
Sanitary District #5.
e. The design and construction of the pipeline shall be reviewed and
approved by the Town Engineer and Planning Department prior to
installation. The Town Engineer or Superintendent of Public
Works shall inspect the pipeline once installed. In addition,
Grantees shall post a bond or other security in an amount deemed
appropriate by the Town Engineer to ensure restoration of the
open space after installation of the pipeline. The bond shall be
released once the work is completed to the satisfaction of the
Town.
f.
In order to ensure compliance with condition 2.b. above, Grantees
shall post a bond or other security in a form approved by the Town
Attorney in an amount deemed adequate by the Town Engineer or
shall record a covenant running with the land ensuring such
compliance. The bond, security or covenant shall be released once
the work is completed to the satisfaction of the Town.
g. In the event any repairs or maintenance of the pipeline require
excavation, Grantees shall notifY the Superintendent of Public
Works prior to beginning any such excavation except in the event
of an emergency in which case notice shall be given as soon as
possible. In the event such excavation is necessary, Grantees shall
return the open space to the condition it was in prior to the
excavation and comply with any other conditions imposed by the
Town.
h.
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Grantees (and their successors and assigns) shall hold harmless,
indemnify, protect and defend the Town and its elected and
appointed officials and employees from any and all damages or
claims arising out of the use of the pipeline, including but not
limited to leaks, spills or other releases of wastewater.
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3.., The installation of the sewer line within the easement shall be subject to
all conditions imposed by the Superintendent of Public Works and Town
Engineer.
4. The Town Manager is authorized to executEdhe Grant of Easement Deed
attached hereto on behalf of the Town.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon on September 16, 1992, by the following vote:
AYES:
COUNCILMEMBERS:
Nygren, Friedman, Thayer, Thompson,
Kuhn
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
None
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ALVIN R. KUHN, MAYOR
Town of Tiburon
ATTEST:
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