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HomeMy WebLinkAboutTC Agd Pkt 2016-01-20 (2)TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 20, 2016 Agenda Item: cc /6 STAFF REPORT To: From: Mayor and Members of Town Council Community Development Department Subject: Consider Acceptance of a Grant of Easement for Public Pedestrian Access from William and Susan Lukens over an Undeveloped Portion of Las Lomas Lane; Property Adjacent to Assessor Parcels 059-121-08, 059-122-56 and 57; Viciy ty of Centro West Street at Las Lomas Lane Reviewed By: BACKGROUND William and Susan Lukens are offering to the Town at no expense a public pedestrian easement over the undeveloped portion of Las Lomas Lane below Centro West Street. The easement would follow a well -travelled route through undeveloped Las Lomas Lane connecting to the paved and Town -maintained lower portion of Las Lomas Lane. The walking route then down Las Lomas Lane to Mar West Street and to points beyond, including downtown Tiburon. The Old Tiburon neighborhood (Lyford's Hygeia Subdivision of 1893) contains several informal and/or semi -improved lanes and paths used by the local citizenry to reach destination areas such as downtown Tiburon and the ferry landing. Since Dr. Lyford did not dedicate these lanes and paths to the public as part of his subdivision, the Town and its citizens have made efforts over the years to improve certain lanes and paths for regular use and, where possible and reasonable, secure public access rights over them. The undeveloped portion of Las Lomas Lane is one such route. Acceptance of the easement would perfect the public access rights over the existing stairway and pathway and thereby remove any uncertainty or potential claims regarding public access rights over it in the future. ANALYSIS The public has used this route for many years, but the Town had no formal dedication document indicating the public had a right to use the path, since the ownership was officially with the heirs of Hugh A. Boyle (a Benjamin Lyford descendant), dating from a 1921 deed. In 2005, the Town Council adopted a resolution "accepting" the path as a public trail; however, the proposed easement is a superior document that would definitively secure the public's access rights over this pathway. Fortuitously for the Town, the ownership of the underlying parcel changed in 2015, when adjoining property owners Bill and Susan Lukens, with the Town's encouragement, obtained title to the undeveloped portion of Las Lomas Lane through a quiet title action in Marin superior court. Mr. and Mrs. Lukens agreed to offer the Town, free of charge, a formal public pedestrian easement TOWN OF TIBURON PAGE 1 OF 3 Town Council Meeting January 20, 2016 to ensure the public's continued access through the site, using the existing well -travelled route, and they have paid for all related surveying costs. Mr. and Mrs. Lukens have also placed the parcel under a conservation easement held by the Belvedere -Tiburon Landmarks Society to ensure its undeveloped status in perpetuity. Staff would like to thank Mr. and Mrs. Lukens for their public spirit and generosity in this matter. General Plan Consistency Factors (Location, Purpose, Extent) The easement would follow a well-established route that connects Centro West Street to the improved portion of Las Lomas Lane and thence to Mar West Street, from which other public easements and rights-of-way connect to Downtown. The purpose of the proposed easement is to perfect public pedestrian access rights over an area historically used by the local residents living in the Old Tiburon and Hill Haven neighborhoods, but which at present lacks any recorded easement or other offer of permanent public rights from the property owner. The extent of the acquisition is an easement of varying width (but generally at least six feet wide) for a length of approximately 300 feet, for a total easement area of roughly 2,000 square feet. The easement follows the existing path with space to either side and is adequate for its intended public pedestrian access purposes. Relevant General Plan policies goals and policies are as follows: DT -D To improve and enhance pedestrian and vehicular connectivity throughout Downtown. C -E Bike -Pedestrian Improvements. To improve the circulation system for pedestrians and bicyclists, including safety enhancements. C -J Non -Auto Travel. To provide facilities and incentives to encourage non - auto travel throughout the Planning Area. C-22 The pedestrian paths and bicycle trails in Tiburon should connect with other paths and trails where practical. C-24 Pedestrian routes, particularly for school children, shall be established for all neighborhoods. Staff concludes the proposed acquisition would be consistent with the General Plan and would further public interests set forth in the General Plan. PLANNING COMMISSION REVIEW The Planning Commission reviewed the proposed acquisition of this real property interest at its meeting of January 13, 2016 and determined the acquisition would be consistent with the Tiburon General Plan. TOWN OF TIBURON PAGE 2 OF 3 Town Council Meeting January 20, 2016 FUTURE STEPS The easement proposed for acceptance would precisely match the current route used by the public across the undeveloped portion of Las Lomas Lane, unlike the recreational trail accepted in 2005, which deviated from the now -established route in the uppermost portion as it approached the paved portion of Centro West Street. If the Town Council accepts the currently offered easement, the Town would initiate proceedings to vacate the recreational trail accepted by Resolution 51-2005, and quitclaim any right or title to that pathway that might have been gained by adoption of Resolution 51-2005, to the Lukens. That item would appear on a subsequent Town Council agenda following recordation of this easement. RECOMMENDATION Staff recommends the Town Council adopts the Resolution (Exhibit 2) accepting the grant of easement and authorizing its recordation in Marin County Records. EXHIBITS 1. Grant of Easement. 2. Draft Resolution of Acceptance. Prepared by: Scott Anderson, Director of Community Development TOWN OF TIBURON PAGE 3 OF 3 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Town Clerk Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 No Tax Due Exempt Transfer Revenue & Taxation Code § 11922 SPACE ABOVE THIS LINE FOR RECORDER'S USE [Exempt from recording fee per Gov. Code § 27383] GRANT OF EASEMENT THIS GRANT OF EASEMENT is made this day of , 2016, by and between William M. Lukens and Susan F. Lukens, husband and wife ("Grantor"), and the Town of Tiburon, a California municipal corporation ("Grantee"). RECITALS A. Grantor is the fee owner of that certain real property located in the Town of Tiburon, County of Marin, State of California shown on Exhibit A, attached hereto and incorporated herein by this reference ("Grantor Property"). B. Located on the Grantor Property, there exists a stairway and pathway connecting two public streets and further described in the legal description on Exhibit B, attached hereto and incorporated herein by this reference ("Las Lomas Lane Stairway and Pathway"). C. Grantor has filed a quiet title action in Marin County Superior Court for the purposes of quieting title to property including the Las Lomas Lane Stairway and Pathway with judgment (amended) quieting title entered on March 6, 2015 and recorded on April 20, 2015. D. Grantor desires to grant to Grantee a public access easement over the Las Lomas Lane Stairway and Pathway ("Easement Area") for pedestrian egress and ingress to and from public roadways, right of ways or easements adjacent thereto. TERMS AND CONDITIONS NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants contained in this Grant of Easement, Grantor and Grantee agree as follows: 1. Grant of Easement. Grantor hereby grants and conveys to Grantee, its successors and assigns, a permanent nonexclusive easement over and across the Easement Area for the purposes of public pedestrian egress and ingress to and from public roadways, right of ways or easements geographically adjacent thereto and which are otherwise legally open and/or accessible to members of the general public (the "Easement"). Grant of Easement Las Lomas Lane Stairway & Pathway Page 1 L IIBIT NO. 2. Maintenance Obligation. Grantee shall be responsible for maintaining the stairway within the Easement for public use and shall indemnify, defend and hold Grantor harmless from any claims arising from the public's use of the Easement, except for those arising from the negligence or willful action or omission of Grantor. 3. Duration of Easement. Grantee, its successors and assigns shall hold the Easement forever, for the objects and purposes above stated. 4. Entire Agreement. This Grant of Easement represents the entire understanding of Grantor and Grantee as to those matters contained herein. No prior oral or written understanding shall be of any force or effect. 5. Amendment. This Grant of Easement may be modified only by the written consent of the parties, evidenced by a document that has been fully executed, acknowledged and recorded in the Official Records of Marin County, California. 6. Authority. Each party executing this Grant of Easement on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind. 7. Binding Upon Successors and Assigns. This Grant of Easement shall run with the Easement Area. All of the terms, covenants and conditions of this Grant of Easement shall be binding upon Grantor and Grantee and their permitted successors and assigns. 8. No Waiver. A waiver by either party of a breach of any of the covenants, agreements, restrictions or conditions under this Grant of Easement to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Grant of Easement. 9. Recordation. Following execution by all parties, Grantee shall record this Grant of Easement with the Marin County Recorder's Office. 10. Interpretation. This Grant of Easement has been drafted by both parties and no rule of construction shall be applied that would result in ambiguities being interpreted against either party as drafter. IN WITNESS WHEREOF, the parties have executed this Grant of Easement as of the date first above written. Grant of Easement GRANTOR: William M. Lukens (signature must be notarized) Las Lomas Lane Stairway & Pathway Page 2 ATTEST: Diane Crane Iacopi, Town Clerk APPROVED AS TO FORM: Benjamin L. Stock, Town Attorney Attachments: Exhibits A and B Grant of Easement Susan F. Lukens (signature must be notarized) GRANTEE: Town of Tiburon, a municipal corporation By: Name: Its: (signature must be notarized) Las Lomas Lane Stairway & Pathway Page 3 Exhibit A Legal Description of Grantor's Property A. portion of Las Lomas Lane and Centro West Street situated in the City of Tiburon, County of .Marin, State of California, described as follows: 13egirining at a point on the easterly tine of Las Lomas Lane, as said Lane is -shown on that certain Record of Survey entitled, "Lot .Line Adjustment, Record of Survey., Lands of Lukens, As Described in D.N. -087632.94-087633, & 94-087634." filed for record on August 2, 1997„ in Book 33 of Surveys at Page 97, Marin County Records, said point bears South 08°20'00" West 63.67 feet. Ecom the intersection Utile courses North 08°20.00" East 84.50 feet and North 26°11'08" East 73.61 feet as shown -on said Record of Survey; • 1. Thence continuing along the easterly line of said lane North 08°20'00" East 63.67 feet; 2. ;'hence North 26°'11'08" East 189.11 feet (North 26°14' West 189.2 feet Deed) to the northerly corner of the parcel of land described in the Grant Decd to William M. Lukens and Susan F. Lukens, filed for record December 29, 1994, as Document Nennber 94-087633, Marin County .Records and the -intersection of said. Las Lomas Lane .and Centro West Street ; 3. Thence North 26'11'08" East 13.85 feet; 4. Thence North 67°16`41" West 9.21 feet; 5. Thence along a curve to -the left, whose center bears South 22°43' 19" West, with .a radius bf 64.0Q feet, through a central angle of 22°04'16" with a length of 24.65 feet;- 6. Thence -North 89°20'57" West 11.88 feet; 7. Thence on a curve to the left whose center bears South 00°39'03" West, with it radius of. 34.00 feet, through a central angle of 42°06'52" with a -length of 24.99 feet;. 8. Thence South 48°32'11" West 16.82 feet; 9, Thence on a curve to the right, whose center bears South 15°58'03" West, witha radius of 17.76 feet, through a central angle of 55°34'46", with a length of 17.22 feet; 10, Thence on a compound curve to the riight, whose center bears South 71°32'49" West, with a radius of 30.00 feet, through a central angle of 38°55'40", with a length of 20.38 feet to the northeasterly corner of the parcel of;and described in that certain Grant Deed to Maria. 5 Lu -ens and. Peter. A Lukens, filed for record July 8.2014, as Document Number 2014-0028174, Marin County Records and the intersection of Las Lomas Lane and Centro West Street; 11, Thence along Las Lomas .Lane South 20°28'29" West 142.57 feet (South 19°44'00" West 143.90Teet Deed); 11 Thence South 09004129" West (South 09°04'29" West Deed) 65.21 feat; 13. Thence leaving said line South 80°5.5'31 East 30.00 -feet to. the Point of Beginning. z7,4 zsi it liIt 3 4 -to / r ILIf N tfl s:‘•,.5" 4- 0 U-1 1:0 1-1 0 ti) 411 0 3- ci ca 0 .. . . cv n tg, U A 1. • e•,t 4 -Ca. Exhibit B Legal Description of the Los Lomas Stairway & Pathway Property All that certain real property situate in the Town of Tiburon, County of Marin, State of California, described as follows: A portion of the Lands of Lukens, as described in that certain Amended Judgement of Quiet Title, recorded April 20, 2015 as Document Number 2015-18082, Marin County Records, also being a portion of the lands commonly known as "Las Lomas Lane" as shown on that certain map entitled, "Lot Line Adjustment, Record of Survey, Lands of Lukens, As Described in D.N. 94-087632, D.N. 94-087633, & D.N. 94-087634" recorded on August 2, 1995 in Book 33 of Surveys at Page 97, Marin County Records. Beginning at the most southerly corner of said Lands of Lukens, said point being on the easterly line of said Las Lomas Lane, as said Lane is shown on said Record of Survey, 33 O.S. 97, said point bears South 08°20'00" West 63.67 feet from the intersection of the courses North 08°20'00" East 84.50 feet and North 26°11'08" East 73.61 feet as shown on said Record of Survey; 1. Thence along the southwesterly line of said Lands of Lukens, North 80°55'31" West 6.37 feet; 2. Thence leaving said line North 09°23'00" East 67.87 feet; 3. Thence North 27°55'00" East 23.87 feet; 4. Thence North 64°55'30" West 4.06 feet; 5. Thence North 25°04'30" East 20.15 feet; 6. Thence South 65°21'00" East 4.91 feet; 7. Thence North 26°11'08" East 88.50 feet; 8. Thence North 63°48'52" West 3.00 feet; 9. ' Thence North 26°11'08" East 50.09 feet; 10. Thence North 42°44'03" West 9.60 feet; 11. Thence North 56°29' 15" West 9.42 feet to a point on the northerly line of said Lands of Lukens, said line being also the southeasterly line of Centro West Street; 12. Thence along said line, South 89°20'57" East 4.49 feet; 13. Thence on a curve to the right whose center bears South 00°39'03" West, with a radius of 64.00 feet, through a central angle of 00°45'29", a length of 0.85 feet; 14. Thence leaving said line South 40°44'50" East 7.51 feet; 15. Thence South 56°29'15" East 9.35 feet; 16. Thence South 42°44'03" East 12.82 feet; 17. Thence South 26°11'08" West 47.63 feet; 18. Thence South 63°48'52" East 4.00 feet to a point on the southeasterly line of said Lands of Lukens; 19. Thence along said line South 26°11'08" West 140.25 feet; 20. Thence South 08°20'00" West 63.67 feet to the Point of Beginning. p.Iac3 This description was written by: attRoNee, 9. 406.2e.. kAN Lawrence P. Doyle •1 _ P.L.S. 4694 z3 w� N62 46g4 * A t G RESOLUTION NO. XX -2016 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING AN OFFER OF DEDICATION FROM WILLIAM AND SUSAN LUKENS FOR A PUBLIC PEDESTRIAN ACCESS EASEMENT OVER AN UNDEVELOPED PORTION OF LAS LOMAS LANE WHEREAS, William and Susan Lukens have offered to the Town of Tiburon an easement for public pedestrian purposes over a portion of their property comprising an undeveloped segment of Las Lomas Lane; and WHEREAS, the grant of easement will perfect public access over a well -used pathway and stairway connecting Centro West Street to Mar West Street and points beyond and will constitute a fine addition to the Town's pedestrian circulation system; and WHEREAS, the Planning Commission and Town Council have found and determined that the acquisition would be consistent with the Tiburon General Plan; WHEREAS, the Town of Tiburon greatly appreciates the community spirit and generosity of the grant of easement by Mr. and Mrs. Lukens free of charge and on a purely voluntary basis. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon Town of Tiburon hereby accepts the offer of dedication of the easement, attached hereto as Exhibit 1 and incorporated herein, and authorizes the Town Manager to execute it and cause said document, along with this Resolution, to be recorded in the Official Records of Marin County. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , 2016 by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Tiburon Town Council Resolution No. xx-2016 —1-12016 1 iwxIT NO.col ERIN TOLLINI, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Exhibits: 1. Grant of Easement Tiburon Town Council Resolution No. xx-2016 --/--/2016 2 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 20, 2016 Agenda Item: c.c. _ / f STAFF REPORT To: From: Subject: Reviewed By: Mayor and Members of Town Council Community Development Department Mar West Street Near Las Lomas Lane: Consider Approval of an Agreement for Acquisition of a Public Pedestrian Easement over the Point Tiburon Bayside Condominium Association Common Area and for Use and Maintenance of a Stairway Leading down from Mar West Street to the Common Area; Authorize Town Manager to Execute the Agreement and Authorize a Budget Amendment for the Easement Purchase BACKGROUND The Town of Tiburon contains several informal pathways used by the local citizenry to reach destination areas such as Downtown Tiburon and the ferry landing. One such route extends down Las Lomas Lane, crosses Mar West Street in a crosswalk, winds down a stairway and traverses the common area of the Point Tiburon Bayside Condominium Association before reaching the access roadway to the Point Tiburon Plaza parking lot near the turning circle opposite Shoreline Park. This pathway is frequently used by locals and provides a safe and convenient short-cut to the Downtown area. The proposed Agreement would create a framework for Town acquisition of a public pedestrian easement in this already well -used location. ANALYSIS The proposed acquisition is an easement for public pedestrian access over a 10 foot wide strip of the Point Tiburon Bayside Association common area, beginning in the vicinity of Mar West Street opposite Las Lomas Lane, down a stairway and across the driveway area of the Bayside Association to an ending point at the Point Tiburon Plaza access road located at the western property line of the Bayside Association (see Exhibit 1). The public has used this route since construction of the point Tiburon Bayside project in 1985, but public access over it is not clearly spelled out in any easement of record. Prior to the Town's purchase of the easement, the Association would reconstruct the stairway leading down to from Mar West Street to meet current codes. The Bayside Association Board of Directors has already approved the Agreement and executed it. TOWN OF TIBURON PAGE 1 OF 3 Town Council Meeting _January 20, 2016 General Plan Consistency Factors (Location, Purpose, Extent) The location of the proposed acquisition is ideal in it provides the most direct and logical route from that portion of Mar West Street to Downtown, and connects upslope across Mar West Street to Las Lomas Lane and the public pathway leading up Las Lomas Lane to Centro West Street. The stairway and route are already used by local residents, children and adults alike, for a variety of purposes, including access to the ferry landing, bus stops and to Downtown in general. The purpose of the proposed agreement is to perfect public pedestrian access rights over an area historically used by the local residents living in the Old Tiburon and Hill Haven neighborhoods. The extent of the acquisition is an easement 10 feet wide for a length of approximately 500 feet, for a total easement area of roughly 5,000 square feet. Relevant General Plan policies goals and policies are as follows: DT -D To improve and enhance pedestrian and vehicular connectivity throughout Downtown. C -E Bike -Pedestrian Improvements. To improve the circulation system for pedestrians and bicyclists, including safety enhancements. C -J Non -Auto Travel. To provide facilities and incentives to encourage non - auto travel throughout the Planning Area. C-22 The pedestrian paths and bicycle trails in Tiburon should connect with other paths and trails where practical. C-24 Pedestrian routes, particularly for school children, shall be established for all neighborhoods. Staff concludes the proposed acquisition would be consistent with the General Plan and would further public interests set forth in the General Plan. PLANNING COMMISSION REVIEW The Planning Commission reviewed the proposed acquisition of this real property interest at its meeting of December 14, 2015 and determined the acquisition would be consistent with the Tiburon General Plan. RECOMMENDATION Staff recommends the Town Council: 1. Move to approve the Agreement (Exhibit 2) and authorize the Town Manager to execute it. 2. Authorize a transfer of $15,000 from the General Fund Unallocated Reserves for the purchase of the easement. TOWN OF TIBURON PAGE 2 OF 3 Town Council Mccuing January 20, 2016 EXHIBITS 1. Diagram showing easement location. 2. Proposed Agreement with attachments. Prepared by: Scott Anderson, Director of Community Development TOWN OF TIBURON PAGE 3 OF 3 Maria/tap GS I''ilap Report 33± tvt- . Condominium Common Area Mobile Home Pad a E E U 0 L.J Marin County Legal Boundary Other Bay Area County F9 .J Ocean and Bay cio B / 161 s 1 ' ! . r` .v+'. 1 G A.., a. t p ti,� I 1 _ r -,r / As. C> 0) • 6. 6. 1 t ck- J as 0.11 • 4,01 -� f o t PUBLIC PEDESTRIAN EASEMENT AGREEMENT BETWEEN TILE TOWN OF TIBURON AND THE POINT TIBURON BAYSIDE HOMEOWNERS ASSOCIATION REGARDING THE USE AND MAINTENANCE OF THE MAR WEST STAIRWAY AND A CONNECTING PATHWAY This Public Pedestrian Easement Agreement ("Agreement") made this day of , 2016, by and between THE TOWN OF TIBURON, a municipal corporation ("Town") and THE POINT TIBURON BAYSIDE HOMEOWNERS ASSOCIATION, a California Corporation ("HOA"). RECITALS A. The HOA is the sole owner of certain real property commonly known as the Point Tiburon Bayside "common area", as defined and depicted on the Condominium Plan for Point Tiburon Bayside, filed for record with the Marin County Recorder as Document Number 1985-0023362 on June 5, 1985 ("HOA Property"). A portion of the HOA Property, graphically depicted on Exhibit A, contains a stairway ("Stairway") leading down from Mar West Street toward downtown Tiburon. The HOA Property also contains certain common area ("Pathway") that allows pedestrians to walk from the base of the Stairway across the Point Tiburon Bayside complex to the parking lot entrance roadway adjoining the HOA Property at its western edge. The Pathway location is graphically depicted in Exhibit B. B. The Town owns and maintains the public right of way for the portion of Mar West Street adjoining the Stairway; said portion of Mar West Street is more precisely described in Exhibit C. C. For many years, members of the public have used the Stairway and Pathway as a means of walking to downtown Tiburon. The Stairway is currently in need of reconstruction to, among other things, meet current building code requirements. D. To ensure that the Stairway and Pathway will remain available to the pedestrian public, the parties have agreed to provide for future maintenance and responsibility for said features as set forth in this Agreement. AGREEMENT 1. Reconstruction of the Stairs. The HOA will reconstruct the Stairway as set forth in August 17, 2015 revised plans submitted, approved by and on file in the Town Building Division, which are incorporated herein by this reference ("Reconstruction Project"). 2. Purchase of Easement. Upon completion of the Reconstruction Project, as determined by the Town's Building Division, Town will purchase a non-exclusive public pedestrian easement across the Stairway and the Pathway ("Easement") as set forth in this Section. OAK #4848-7641-5018 vi 11/11/15 Revised 11-13-2015 1 r717T2IT NO.el. (a) The purchase price of the Easement will be fifteen thousand dollars and no cents ($15,000). (b) The Easement shall commence when the Town accepts the Easement and shall continue thereafter in perpetuity. (c) The Easement will consist of two portions, the Stairway Access Easement, consisting of the area graphically depicted in Exhibit A, and the Pathway Access Easement, consisting of the area graphically depicted in Exhibit B. Prior to recording the deed referenced below, the parties shall obtain a legal description of the Easement that will be attached to the deed. (d) The deed used for the conveyance of the Easement shall be in substantial conformance to the form set forth in Exhibit D. 3. Escrow. 3.1 Opening of Escrow. Within one business day after entry into this Agreement, the Town shall open escrow ("Escrow") with Fidelity National Title Company (Mill Valley Office) ("Escrow Holder"). The Town and HOA agree to execute and deliver to Escrow Holder, in a timely manner, all escrow instructions necessary to consummate the transaction contemplated by this Agreement. Any such supplemental instructions shall not conflict with, amend or supersede any portion of this Agreement. If there is any inconsistency between such supplemental instructions and this Agreement, this Agreement shall control. 3.2 Close of Escrow. For the purpose of this Agreement, the "Close of Escrow" shall be the date that the grant deed is recorded in the Official Records of the County. The Close of Escrow shall occur within 10 business days after the expiration of the Contingency Period, unless extended by the mutual written consent of the parties hereto. 4. Conditions to Close of Escrow. 4.1 Conditions to Town's Obligations. The Close of Escrow and Town's obligation to consummate the transactions contemplated by this Agreement are subject to the satisfaction of the following conditions (or Town's waiver in writing thereof) for Town's benefit on or prior to the dates designated below for the satisfaction of such conditions, or the Close of Escrow in the absence of a specified date: (a) Title. Within 5 calendar days of the Building Official's acceptance of the Reconstruction Project as complete, the Town shall order a preliminary title report. The Town will have the right to approve any and all matters of and exceptions to title of the Easement as disclosed by that preliminary title report. The parties shall work together in good faith until 5:00 PM (local time) on the date that is 20 calendar days following receipt of the preliminary title report ("Contingency Period") to resolve any title issues. OAK #4848-7641-5018 vl 11/11/15 Revised 11-13-2015 2 (b) No later than the end of the Contingency period, the Town must give the HOA and Escrow Holder written notice ("Town's Title Notice") of Town's approval or disapproval of the title documents. The failure of the Town to give Town's Title Notice to the HOA within the specified time period shall be deemed the Town's disapproval of the title documents. In the event that the Town's Title Notice disapproves, or is deemed to have disapproved, of any matter of title shown in the title documents, the parties will have no further obligations or rights to one another under this Agreement. Title Insurance. As of the Close of Escrow, Title Company shall have committed to issue a title policy to the Town. (c) HOA's Obligations. As of the Close of Escrow, the HOA shall have performed all of the obligations required to be performed by the HOA under this Agreement. (d) Truthfulness at Close of Escrow. The representations and warranties of the HOA set forth in this Agreement shall be true and correct, in all material respects, on and as of the Close of Escrow as if those representations and warranties were made on and as of such time. 4.2. Conditions to HOA's Obligations. The Close of Escrow and HOA's obligation to consummate the transactions contemplated in this Agreement are subject to the satisfaction of the following conditions (or HOA's waiver thereof) for HOA's benefit on or prior to the dates designated below for the satisfaction of such conditions, or the Close of Escrow in absence of a specified date: (a) Town's Obligations. Town shall have timely performed all of the obligations required to be performed by the Town under this Agreement. (b) (c) Purchase Price. Town shall have timely delivered $15,000 in good funds to Escrow Holder and fully, faithfully and timely performed all of its other obligations under this Agreement. Truthfulness at Close of Escrow. The representations and warranties of the Town set forth in this Agreement shall be true and correct, on and as of the Close of Escrow as if those representations and warranties were made on and as of such time. 4.3 Failure of Condition to Close of Escrow. If any of the conditions set forth in Section 4.1 or Section 4.2 are not timely satisfied or waived by the appropriate benefited party for a reason other than the default of the Town or HOA, this Agreement shall terminate, and any deposit and all other monies delivered to Escrow Holder by the Town shall be immediately returned to the Town, and except as otherwise provided herein, the parties shall have no further obligations hereunder. OAK #4848-7641-5018 vi 11/11/15 Revised 11-13-2015 3 4.4 Deposits By HOA. At least one business day prior to the Close of Escrow, HOA shall deposit with Escrow Holder the following documents: (a) Grant Deed. The grant deed, duly executed and acknowledged in recordable form by the HOA, conveying the Easement to the Town. (b) FIRPTA Certificate. A certification, acceptable to Escrow Holder, duly executed by the HOA under penalty of peijuiy, setting forth the HOA's address and federal tax identification number in accordance with and/or for the purpose of the provisions of Sections 7701 and 1445, as may be amended, of the Internal Revenue Code of 1986, as amended, and any regulations promulgated thereunder. (c) California Franchise Tax Withholding. A certification, acceptable to Escrow Holder, that the HOA is exempt from the withholding provisions of the California Revenue and Taxation Code, as may be amended from time to time, and that neither Town nor Escrow Holder is required to withhold any amount from the purchase price pursuant to such provisions. 4.5 Deposits By Town. At least one business day prior to the Close of Escrow, the Town shall deposit or cause to be deposited with Escrow Holder the following: (a) Purchase Price. The purchase price, in cash or immediately available funds. (b) Certificate of Acceptance. A Certificate of Acceptance, substantially in form attached hereto as Exhibit E. 5. Maintenance of Stairway Improvements. After the Town has recorded record title to the Easement, Town shall be responsible for maintaining all improvements within the Stairway Access Easement portion of the Easement and shall indemnify, defend and hold the HOA harmless from any claims arising from the public's use of the Stairway Access Easement and the Pathway Access Easement, except for those arising from the negligence or willful action or omission of the HOA. The HOA shall retain maintenance responsibility for all other portions of the HOA Property with the exception of the Stairway Access Easement. 6. Miscellaneous. 6.1 Governing Law; Venue. The laws of the State of California shall govern this Agreement. If any dispute should arise from this Agreement, the venue for resolving said dispute shall be the Superior Court of Marin County. 6.2 Severability. If any provision of this Agreement is found to be invalid or unenforceable, the validity and enforceability of the remaining portions shall not be affected unless the effect thereof would materially change the economic OAK #48484641-5018 vl 11/11/15 Revised 11-13-2015 4 burden on either party. 6.3 Successors in Interest; Assignment. This Agreement shall be binding on the assigns and successors in interest to both parties. Neither party may assign their obligations under this Agreement without the written consent of the other party. 6.4 Entire Agreement; Amendment. This Agreement represents the entire Agreement between the parties. This Agreement may only be amended in writing. 6.5 Exhibits. This Agreement includes the following Exhibits, which are attached hereto and incorporated herein by reference: Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Graphical depiction of Stairway and Stairway Easement across a Portion of the HOA Property Graphical depiction of Pathway and Pathway Easement across a Portion of the HOA Property Legal Description of Max West Street Right of Way The Form Deed Certificate of Acceptance IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to execute this Agreement the day and year above written. POINT TIBURON BAYSIDE HOMEOWNERS ASSOCIATION hi I XL ' By: tAv-/ (5y, tra)1: ‘v,`,~�'� Its: President, Board of Directors Its: Secretary of the Board v OAK #4848-7641-5018 v 1 11/11/15 Revised 11-13-2015 5 TOWN OF TIBURON By: Its: Town Manager APPROVED AS TO FORM: APPROVED AS TO FORM: Scott Philli.s, H Counsel Benjamin J 'Stock, own Attorney OAK #4848-7641-5018 vi 6 11/11/15 Revised 11-13-2015 .r V 1. — £t .1391-.1391-1.933 33S 3N4i T H.Z.L yyy 4- 4 ZPt Ti \''. 0 J 0 ,Frm �,nr.ro•1Z^'�r 44. 4 O h 0 4 C 41 H O •-4 W O O..ra C ,p Liao 14H a-4 C+nr 0d. 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L a aa to 4 ,a 0 .at Exhibit "C" Legal Description Portion of Mar West Street, Tiburon, California All that certain real property comprising a portion of Mar West Street, situate in the Town of Tiburon, County of Marin, State of California, described in the deed from Hugh Boyle and Ida Boyle to the County of Marin, recorded at Book 191 of Deeds at Page 498, Official Records of Marin County, to wit: FIRST: A strip of land fifty (50.0) feet wide and lying on the right or southerly side of the following described line, to wit: Beginning at a point distant South 73 degrees, 43 minutes, East 125.5 feet; and thence South 52 degrees, 17 minutes, East 378.4 feet from "T.L.S. 447" of the official Survey of the Swamp and Overflowed Tide and Salt Marsh Lands in Section 6, Township No. 1, South Range No. 5 West M.D.X., running thence South 73 degrees, 8 minutes, East 475.7 feet. SECOND: A strip of land sixty (60.0) feet wide and lying on the left or southwesterly side of the following described line, to wit: Beginning at the initial point of the first above described strip of land; running thence North 52 degrees, 17 minutes, West 378.4 feet; thence North 7 degrees, 42 minutes, West 310.5 feet; thence North 16 degrees, 47 minutes, West 105.7 feet; thence North 46 degrees, 54 minutes, West 95.3 feet; thence North 69 degrees, 47 minutes, West 61 feet; thence North 83 degrees, 7 minutes, West 90 feet; thence North 87 degrees, 58 minutes, West 173.9 feet; thence South 54 degrees, 5 minutes, West 91.2 feet; thence North 50 degrees, 49 minutes, West 200 feet; thence North 57 degrees, 50 minutes, West 87 feet; thence curving to the right on the arc of a circle having a radius of 55.64 feet, 54.56 feet; thence North 10 degrees, 20 minutes, West 93.5 feet; thence curving to the right on the arc of a circle having a radius of 39.8 feet, 36.7 feet; thence North 43 degrees, 00 minutes, East 185.9 feet; thence North 33 degrees, 13 minutes, East 49.9 feet; thence curving to the left on the arc of a circle having a radius of 91.25 feet, 57.6 feet; and thence North 3 degrees, 11 minutes, West 78 feet to a point in the southerly line of Esperanza Street, said point being distant South 3 degrees, 11 minutes, East 4 feet from a iron bolt. EXHIBIT D FORM OF DEED Recording Requested by: Town Clerk of the Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 GRANT DEED GRANT OF PUBLIC PEDESTRIAN ACCESS EASEMENT, WITH COVENANTS For valuable consideration, receipt of which is hereby acknowledged, THE POINT TIBURON BAYSIDE HOMEOWNERS ASSOCIATION, a California Corporation ("HOA" or "Grantor"), hereby grants to the TOWN OF TIBURON, County of Marin, State of California, a Municipal Corporation ("Town" or "Grantee") an Easement for Public Pedestrian Access, subject to the terms and conditions set forth herein, on this day of , 2016 ("Effective date"). RECITALS A. The HOA is the owner of certain real property commonly known as the Point Tiburon Bayside "common area", as defined and depicted on the Condominium Plan for Point Tiburon Bayside, filed for record with the Marin County Recorder as Document Number 1985-0023362 on June 5, 1985 ("HOA Property"). A portion of the HOA Property, described in Exhibit A attached hereto and incorporated herein by reference, contains a stairway ("Stairway") leading down from Mar West Street toward downtown Tiburon, and a pathway ("Pathway") leading from the base of the Stairway across the HOA Property to its western edge. Said Stairway and Pathway together constitute the public pedestrian access easement area ("Easement Area"). B. The Town owns and maintains the public right of way for the adjoining portion of Mar West Street, said portion being described in Exhibit B attached hereto. C. For many years, members of the public have used the Easement Area as a means of walking to the downtown. To ensure that the Easement Area will remain available to the pedestrian public, the parties have agreed to provide for future maintenance and responsibility for said Easement Area as set forth herein and in the Use and Maintenance OAK #4847-2594-4362 vl 11/11/15 Revised 11-13-2015 1 Agreement between the Town and the HOA regarding the Use and Maintenance of the Mar West Stairway and a Connecting Pathway dated , 2016 and recorded in the County of Marin Official Records on , 2016 as document No. ("Easement Agreement") D. The Town of Tiburon Town Council adopted Resolution No. -2016 on , 2016, agreeing to accept the Easement being conveyed herein and authorizing the Town Manager to execute all documents necessary and appropriate to complete the contemplated transaction. Grant of Easement 1. For good and valuable consideration, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, a ten foot (10') wide non-exclusive easement ("Easement") for public access with the right of immediate entry and possession for a public pedestrian trail in, on, over, across, under, through and along that portion of the HOA's Property described in Exhibit A attached hereto and incorporated herein by this reference ("Easement Area"). Description and Purposed of Easement 2. The Easement is for public pedestrian access purposes for use by the general public. The portion of the Easement Area shown on Exhibit A containing the Stairway shall be known as the "Stairway Easement." The remainder of the Easement Area shown on Exhibit A shall be known as the "Pathway Easement." Term of Easement 3. The Easement and rights and obligations herein shall commence when the Grantee accepts the Easement and shall continue thereafter in perpetuity. Maintenance of Improvements 4. Grantee shall maintain the Stairway Easement in good repair, at Grantee's sole cost and expense, including, without limitation, performing all maintenance, repair and other work reasonably necessary to preserve and maintain the Stairway in a good and safe state of repair. 5. Grantor shall retain responsibility for maintenance, repair and all other work for the HOA Property outside the Stairway Easement including, without limitation, the Pathway Easement. OAK #4847-2594-4362 vl 11/l 1/15 Revised 11-13-2015 2 Hold Harmless and Insurance 6. Grantee shall hold harmless, indemnify and defend Grantor from any claim, lawsuit or liability involving the use by the public of the Easement Area. This Section shall not apply to claims, lawsuits or liabilities arising from the negligent or willful act or omission of Grantor. Notices 7. All notices, demands, consents, requests or other communications required to or permitted to be given pursuant hereto shall be in writing, shall be given only in accordance with the provisions of this section, shall be addressed to the parties in the manner set forth below, and shall be delivered by certified mail return receipt requested, or by overnight courier or delivery service with signature required, to the addresses set forth below, or to such other place as any party may similarly in writing designate to the others. Notices shall be effective three business days after mailing by certified mail or upon delivery by overnight courier or delivery service (or, if delivery is not during regular business hours on a business day, then on the next business day). The addresses of the parties to receive notices are as follows: Grantor: POINT TIBURON BAYSIDE HOMEOWNERS ASSOCIATION 210 Paradise Drive Tiburon, CA 94920 Grantee: Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, California 94920 Exhibits and Recitals 8. All exhibits and recitals referenced herein are incorporated into this Deed as though set forth in full. This Deed includes the following Exhibits, which are attached and identified as follows: Exhibit A: Exhibit 13: Legal Description of Easement Area Legal Description of Adjoining Portion of Mar West Street OAK #4847-2594-4362 vl 11/11/15 Revised 11-13-2015 [signatures follow on next page] 3 Executed on , 2016, at Tiburon, Marin County, California. POINT TIBURON BAYSIDE TOWN OF TIBURON HOMEOWNERS ASSOCIATION By: By: Its: Town Manager Its: President, Board of Directors ATTEST: By: Its: Secretary of the Board APPROVED AS TO FORM: APPROVED AS TO FORM: Scott Phillips, Association Counsel Benjamin L. Stock, Town Attorney Acknowledgment (attached notarizations for both signatures) OAK #4847-2594-4362 vl 11/11/15 Revised 11-13-2015 4 EXHIBIT E CERTIFICATE OF ACCEPTANCE This is to certify that the easement interests in real property conveyed by the Grant Deed dated , 2016, from The Point Tiburon Bayside Homeowners Association, A California Corporation, as grantor, to the Town of Tiburon, a municipal corporation, as grantee, are hereby accepted by the Town Manager of the Town of Tiburon pursuant to authority conferred by Resolution No. of the Town Council adopted on , 2016, and the Town, as grantee, consents to recordation of said Grant Deed. Date: , 2016 By: Town Manager ACKNOWLEGEMENT State of California ) ) ss County of ) On before me, , Notary Public, personally appeared 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 official seal. Signature (Seal) TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 20, 2016 Agenda Item: r -c. _ / Z STAFF REPORT To: From: Mayor and Members of the Town Council Pat Barnes, Town Engineer Suzanne Creekmore, Management Analyst Subject: Recommendation to reclassify vacant Engineering Technician position to Assci e Civil Engineer Reviewed By: ( i C" BACKGROUND & ANALYSIS Upon the retirement of the Town's Engineering Technician in December 2015, Staff reviewed the organizational structure of the Public Works Department to ensure it has the appropriate staffing resources for its administrative and engineering functions. Given the increasing demand for technical services and project management, it was determined the efficiency and effectiveness of the department would be improved with a reclassification of the Engineering Technician position to Associate Civil Engineer. This is not a staff increase, rather a reclassification of one position to provide greater technical expertise in the department. The Town Council Finance Committee was advised of this proposed change in November 2015 and indicated their support for the proposed reclassification at that time. All other Marin county municipalities who have in-house engineering staff employ a minimum of two engineers, plus additional support staff. Approval of this reclassification will bring Tiburon in alignment with this staffing pattern and allow the Public Works Department to: • Develop a systems approach to storm drain maintenance, road maintenance and open space maintenance. • Monitor and comply with increasingly complex environmental regulations. For instance, the municipal stormwater permit provisions now entail greater level of expertise than can be expected of a technician. • Monitor and comply with evolving contractual requirements, including new laws and required processes. • Decrease the amount of work contracted out to independent consultants. Recent examples of this include the construction management of Blackie's Picnic Meadow, which resulted in $30,000 in consultant charges, and design of a slurry seal project that had been planned for in-house design but was sent to a consultant to accommodate other in-house workloads. • Meet the demands of increasing workloads. For instance, encroachment permits have been at all time highs the last two years, up about 25% compared to previous years. TOWN OF TIBURON PAGE 1 OF 3 Town Council Meeting January 20, 2016 In 2007, the Town commissioned a report by Matrix Consulting Group entitled, "Management Study of the Public Works Department." The report recommended authorizing an associate engineer position, in addition to existing staff. It noted consultants were being used on a "routine ongoing basis". The Matrix Report discussed the need for an additional in-house engineer to: • Reduce consultant costs on routine projects. • Increase project management capabilities. • Improve systemic infrastructure maintenance. Staff has reviewed the past use of consultants as Deputy Town Engineers and found numerous instances of consultants providing services that could be provided by a qualified Associate Civil Engineer, and our analysis indicates even a modest reduction in consultant use will offset the additional cost associated with the proposed reclassification for this upgrade. It is important to note even with approval of the proposed reclassification, consultants will continue to be contracted for complex design and construction management work and project management for very large projects like the proposed Hawthorne Undergrounding Project. However, there is a need to increase our level of in house expertise to facilitate improved planning and implementation of infrastructure maintenance and to meet increasing regulatory requirements. FINANCIAL IMPACT As of July 1, 2015 the salary range for the Engineering Technician is $5,535 - $6,642. The proposed monthly salary range for the Associate Civil Engineer is $7,070 - $8,485. The range was calculated using the average maximum monthly salary of four Marin County agencies with comparable classifications. Agency Classification* Max Salary Range Corte Madera Associate Civil Engineer $8,521 Mill Valley Associate Engineer $8,829 Novato Associate Civil Engineer $8,225 San Rafael Associate Engineer $8,365 * The primary difference between the Associate Engineer and Associate Civil Engineer classification is the latter is specialized to perform duties specifically related to civil engineering and requires Engineer in Training (EIT) certification. The Town of San Anselmo, Town of Corte Madera, City of San Rafael, City of Novato, and City of Sausalito have senior -level engineers paid at a higher rate. Average Max Monthly Salary: $8,485 As a result of the salary savings associated with the temporary vacancy in this position, staff anticipates no additional cost to this year's budget if the proposed reclassification is approved. The maximum projected budgetary increase associated with this proposed reclassification for fiscal year 2016-2017 is $25,140. If approved, Staff will begin recruitment efforts for the reclassified position immediately. TOWN OF TIM IRON Page 2of 3 Town Council Mccting January 20, 2016 RECOMMENDATION Staff recommends the Town Council authorize the reclassification of a vacant Engineering Technician position to Associate Civil Engineer and authorize Staff to recruit for and fill the position. Exhibits: Associate Civil Engineer Job Description Prepared By: Suzanne Creekmore, Management Analyst To\-\'Nc1:TIBURON Page 3 of 3 TOWN OF TIBURON JANUARY 2016 ASSOCIATE CIVIL ENGINEER DEFINITION Performs a variety of professional engineering work involving the planning, permitting, design, and construction of a variety of capital improvement projects and/or private development projects, from conception to completion; to oversee, review and approve the work of outside consultants; to perform professional engineering studies; and to receive, research and respond to inquiries from the public and outside agencies. SUPERVISION RECEIVED AND EXERCISED Receives direction from the Department of Public Works/Town Engineer or other assigned supervisor or manager. Employee may oversee the work of contractors for assigned projects and may provide lead work assistance to other departmental staff performing tasks on the same assigned projects. EXAMPLES OF ESSENTIAL JOB FUNCTIONS/DUTIES • Develops Requests for Qualifications (RFQs) and participate with other department staff in the selection of consulting engineers. • Prepares and/or assists in the preparation of plans, specifications and estimates pertaining to construction projects. • Interprets plans and specifications and renders decisions regarding construction methods, design changes, and cost analyses. • Makes engineering calculations, completes design drawings, makes and revises maps, charts and diagrams. • Conducts pre -construction meetings with contractors to establish job requirements, i.e. timing, noise -level, traffic impact. • Performs field inspections of various municipal construction projects, in progress and upon completion. • Prepares written reports on civil engineering issues/problems. • Performs project -management on Capital Projects during the design, environmental, bidding, and construction phases of the project. • Performs Resident Engineer duties on Capital Projects during construction. • Performs inspection and enforcement duties to ensure compliance with applicable design standards, specification, contracts, legal documents, codes and ordinances. • Meets with State, Federal, Local Districts, Agencies, consultants, and engineers to discuss project guidelines, design parameters, policies and procedures. • Performs work in accordance with local, State, and Federal standards and regulations. • Designs and prepares plans and specification and cost estimates for a variety of public works projects, including streets, storm drains, parks, parking lots, and other public facilities. Researches project design requirements, performs calculations, prepares estimates of time and materials costs and determines sequencing and detour requirements. • Serves as Project Engineer for projects of moderate size and complexity, including design, handling contract administration and providing design support for the inspector during construction. TOWN OF TIBURON Associate Civil Engineer (Continued) Page 2 • Review plans and maps submitted by private developers for conformity with laws, ordinances, Town imposed requirements and accepted professional standards with the goal of protecting the health, safety, and welfare of the community. Performs certain administrative duties associated with private development approvals such as preparing agreements, collecting fees, obtaining dedications, and coordinating with other agencies and Town departments. • Investigates field problems affecting the public, property owners, contractors and maintenance operations; collects the necessary data or assigns the collection of data to technical personnel; develops recommendations and meets with the appropriate parties to discuss and implement recommendations. • Provides engineering information, including Town requirements related to property improvements to the public and other Town departments. Arranges and participates in conferences with other engineers, developers and the general public on engineering problems. • Develops revised design and construction standards for public facilities. • Researches publications and industry information sources and attends conferences and continuing education courses to keep abreast of new developments in the field of public works engineering. • Prepares special engineering studies and reports. • Participates in engineering inspection and survey activities. • Prepares written recommendations, correspondence and reports on assigned projects. • May attend and present information at public meetings. • Coordinates road closure requests. • Secures various easements on the Town's behalf. • Provides administrative support to the Town Engineer. • Administers Municipal Stormwater Permit Program. • Staff a variety of Town commissions, boards, and committees on public works, utility matters, traffic and transportation, and building code appeals. • Search, inquire and apply for and/or administer Federal and/or State grants. • Performs related duties as required. JOB RELATED AND ESSENTIAL QUALIFICATIONS Knowledge of: • Principles and practices of civil engineering and surveying. • Basic methods and equipment used in civil engineering construction. • Thorough knowledge of principles and practices of civil engineering and surveying; and working methods and equipment used in civil engineering construction; pertinent Federal, State, and local rules, regulations and ordinances; and computer application relating to civil engineering. • Modern Civil Engineering tools and equipment including a PC and related software. TOWN OF TIBURON Associate Civil Engineer (Continued) Page 3 Ability to: • Analyze engineering problems. • Present clear, concise written and verbal reports. • Dealing effectively with other engineers, other Town and agency staff, private contractors, and the general public. • Use modern Civil Engineering Equipment included a PC and related software. • Communicate effectively with a wide range of citizens, other Town and agency staff, and private contractors both in oral and written format. • Analyze civil engineering problems, evaluate alternatives, and reach sound conclusions. • Prepare clear, concise, and accurate reports, records, and correspondence. • Complete mapping and drafting assignments. • Establish and maintain effective working relationships. • Inspect public works construction projects. EXPERIENCE AND EDUCATION Any combination of experience and training that would likely provide the required knowledge, skills and abilities is qualifying. A typical way to obtain the knowledge and abilities would be: Experience: Three years of increasingly responsible engineering experience, including adequate experience in the field of construction. Education: Graduation from an accredited college or university with a Bachelor of Science degree in Civil Engineering or a related field. License Possession of, or ability to obtain, a valid California driver's license. Possession of, or ability to obtain, a valid Engineer in Training Certificate from the California State Board of Registration for Professional Engineers. PHYSICAL DEMANDS Requires the ability to work in a standard office environment. Some duties require field visits with exposure to construction sites and inclement weather such as heat or cold. Requires the ability to exert a small amount of physical effort in daily activities; may require walking over uneven and steep terrain while carrying light equipment; requires sufficient hand/eye coordination to perform semi -skilled repetitive movements, such as drafting (hand and computer aided), drawing, field survey work, operation of a motor vehicle, and/or use of other office equipment or supplies; must be able to perceive forms and colors. Requires the ability to lift or carry weight of 25 pounds or less.