HomeMy WebLinkAboutTC Res 1995-05-03 (2)
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RESOLUTION NO. 3088
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
GRANTING AN ENCROACHMENT PERMIT TO ALLOW RETAINING WALLS
AND LANDSCAPING ON TOWN OWNED OPEN SPACE.
ASSESSOR PARCEL.!SQS. 58-151-26
WHEREAS, the Town Council of the Town of Tiburon does resolve as follows:
Section 1. Findings.
A The Town Council has considered a proposal by James Malott to encroach upon
Town of Tiburon open space property with a 3' high retaining wall and associated
landscaping. The retaining wall and landscaping would be constructed in
conjunction with a driveway improvement project for the properties at 987 and
989 Tiburon Boulevard. The proposal is shown on plans received by the Town of
Tiburon on 4/5/95.. .
B.
The Tiburon Parks and Open Space Commission reviewed the project on April
11, 1995 and adopted Resolution 95-01 recommending that the Council approve
the proposed encroachment permit.
c.
The Town Council has found that the proposed encroachment is minor in nature
will not adversely affect the functions, aesthetic qualities, or other values of the
open space lands. The project will help stabilize the slope, reduce sloughing into
the existing "v" ditch, and provide better access to the landscape areas for
maintenance and fire protection.
D. The Town Council has found that the project is exempt from the requirements of
the California Environmental Quality Act per Section 15303 of the CEQA
Guidelines.
Section 2. Approval.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby grant a revocable encroachment permit for the above referenced
project subject to the following conditions:
1. The permittee shall indemnify, defend, and hold harmless the Town of Tiburon
for any damages or liability arising out of the construction and/or maintenance of
the improvements contemplated by this project. All costs associated with the
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project, including but not limited to construction, maintenance, irrigation,
insurance, legal costs, etc. shall be borne by the permittee.
2.
Upon receipt by permittee of a certified copy of a resolution of the Town Council
of the Town of Tiburon requesting the permittee to remove the improvements on
the public land, the permittee shall, within 45 days, remove, or cause to be
removed, the specified improvements. All costs of such removal shall be borne by
permittee.
3. The applicant shall provide written clearance from Sanitary District #5 indicating
that any and all requirements of the sewer district have been satisfied with respect
to the construction of improvements within their easement.
4. An agreement shall be made between the permittee and the Hilarita Apartments
which provides for the following:
a. The Hilarita Apartments shall be protected from any costs, liability, or
responsibilities with regard to the project;
b. Use of the Hilarita property is permitted under a revokable encroachment
agreement or license; and,
c. use of any open space is prohibited for guest parking so as to allow adequate
emergency access at all times.
5.
Use of any Open Space is prohibited for parking.
6.
This encroachment permit shall be recorded against the title of the properties at
987 and 989 Tiburon Boulevard.
PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council on
May 3, 1995, by the following vote:
AYES:
NOES:
COUNCILMEMBERS: Thayer, Nygren, Wolf, Thompson
COUNCILMEMBERS: Ginalski
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ANDREW THOMPSON~-:7
Town of Tiburon
ATIEST:
DIANE L. C
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