HomeMy WebLinkAboutDeed 2004-04-19 (Old Landing LP)
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2(2112)4-008541216
Town of Tiburon
Community Development Department
1505 Tiburon Boulevard
Tiburon, CA 94920
Re!:'Oi'~ded
OffIcial Records
County Of
Ma'tin
JOAN C. THAYER
Recor'dei"
} REC FEE 13~00
When Recorded Mail To:
09:00AM 04-0ct-2004
.;n
PaD~ 1 or 3
APN 038-162-55
Deed Restriction and Covenant
Regarding Tree Removal and Colors and Materials
This Deed Restriction made this 2 1-,11-- day of A~ , 2004 by Old Landing
LP, A California limited partnership, as "Owner" of ttfe property described on Exhibit A
attached hereto.
The Town of Tiburon, a municipal corporation ("Town") has approved Owner's development
proposal subject to certain conditions of approval imposed by Town to mitigation the impacts
of said project and insure its compliance with Town law. Owner has accepted such
conditions, which include, among other things, the execution of this Deed Restriction and
Covenant. Owner hereby covenants and agrees for the benefit of the Town that in
accordance with the Conditions of Approval Site Plan & Architectural Review, 4 Old Landing
Road, File #703087 by the Town of Tiburon that,
1. Owner shall obtain a Tree Permit from the Town of Tiburon prior to "removal" or
"aiteration" of any tree on the property, as those terms are defined pursuant to Chapter
15A of the Tiburon Municipal Code or any successor regulations thereto.
2. Owner agrees to maintain the colors and materials approved by the Town of Tiburon for
the residence. Before changing any color and/or material, the Owner must obtain the
prior written determination by the Director of Community Development that the new
color or material is visually similar to the original. Owner"may appeal said determination
to the Town Council. The approved colors and materials are contained in File #703087,
4 Old Landing Road, on file and available for viewing in the Town of Tiburon Community
Development Department
This covenant and deed restriction shall inure to the Town of Tiburon and shall be binding
and enforceable against all heirs, successors, transferees, purchasers and assigns of the
Owner. This covenant and deed restriction may be modified or lifted only with the express
written approval of the Town of Tiburon by resolution of the Planning Commission.
Old Landing LP, a California limited
partnership
By: Cypress Grove Development Corporation,
A California corporation
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Moe Nobari, President
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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.
Signature
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WITNESS my hand and official seal.
Exhibit A
ESCROW NO. 251515 DM
ALL THAT CERTAIN real property situate in the City ofTiburon, County of Marin, State of California,
described below as follows:
PARCEL ONE:
PARCEL TWO, as shown upon that certain map entitled, "Parcel Map of Winter Minor Subdivision, Being
the Lands of\Vintcr ct aI, C:muty oLMarin, Town of Tiburon, Stak of California", filed for rtcorc1
December 20, 2002 in Book 2002 of Maps at Page 253, Marin County Records.
PARCEL TWO:
A NON-EXCLUSIVE EASEMENT for roadway purposes over a strip of land 20 feet wide and lying
Southerly of and contiguous to the Northerly line of Parcel One, as shown upon that certain map entitled,
"Parcel Map of Winter Minor Subdivision, Being the Lands of\Vinter et aI, County of Marin, Town of
Tiburon, State of California", filed for record December 20, 2002 in Book 2002 of Maps at Page 253,
Marin County Records.
PARCEL THREE:
A NON-ECLUSIVE EASEMENT for roadway purposes over a strip ofland 20 feet wide and lying
Northerly of and contiguous to the Northerly line of Parcels One and Two, as shown upon that certain map
entitled, "Parcel Map of W inter Minor Subdivision, Being tbe Lands of Winter et aI, County of Marin,
Town of Tiburon, State of California", tiled for record December 20,2002 in Book 2002 of Maps at Page
253, Marin County Records.
PARCEL FOUR:
A NON -EXCLUSIVE EASEMENT for drainage purposes over a strip of land 20 feet in width and lying
Westerly of and contiguous to Easterly line of Parcel One, as shown upon that certain map entitled, "Parcel
!\.1ap oCWintcr i-.finor Subd~vj5ion, Being i.he Lands of Vv'inter et aI, County otMarin, TO\vn of Tiburon,
State of California", tiled for record December 20,2002 in Book 2002 of Maps at Page 253, Marin County
Records.
PARCEL FIVE:
A NON-EXCLUSIVE EASEMLNT lor drainage purposes over that portion ofParcei One lying within the
boundaries of that certain area designated as, "Centerline 12' SDE", as sho:vn upon that certain map
entitled, "Parcel Map of Winter Minor Subdivision, Being the Lands of\Vinter et aI, County of Marin,
Town of Tiburon, State of California", filed for record December 20,2002 in Book 2002 of Maps at Page
253, Marin County Records.