HomeMy WebLinkAboutDeed 2004-6-21 (Weiss)
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Town of Tiburon
Community Development Department
1505 Tiburon Boulevard
Tiburon, CA 94920
2004-0085405
Record@d I REC FEE 13.00
Official Records I
County Of I
Marin I
JOAN C. THAYER I
Recorder I
I
I .in
09:00AM 04-0ct-2004 I Page 1 of 3
When Recorded Mail To:
APN 038-162-54
Deed Restriction and Covenant
Regarding Tree Removal and Colors and Materials
This Deed Restriction is made this "'2. 1st- day of :i, , l-..1 t..r' , 2004 by the Weiss
Company, Inc., a California Corporation, as "Owner" of the property described on Exhibit A
attached hereto, commonly known as 2 Old Landing Road, Tiburon.
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, 2 Old Landing
Road, File #704069 by the Town of Tiburon that,
1. Owner shall obtain a Tree Permit from the Town of Tiburon prior to "removal" or
"alteration" 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 #704069,
2 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.
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STATE OF CALIFORNIA }
COUNTY OF !111M/lt } ss
On ,;21 JL )LL.- ~~)-(,() ~/- before me, the undersigned, a Notary Public in
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and for said County and State, personally appeared:
-t:[tX\ ,f t. Vl\.t L~ 1- i tk. (n let \.{:( 1(5
pcr30FlBlly 1(R()'y.F1 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.
WITNESS my hand and official seal.
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Signature / .. U t H (, "'-::Ii Uj7 , . c;;f!1. L
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MAUREEN MARY STUDER
CO~ , 1345893
· NOTARY P~BUC-CAlIFORNIA
MARIN COUNTY
<;:OMM. EXP. MARCH 9. 2004.&
Exhibit A
ALL THAT CERTAIN real property situate in the City of Tiburon, County of Marin, State of
California, described below as follows:
PARCEL ONE:
LOT 1 and Parcel A, as shown upon that certain map entitled, "Parcel Map of Winter Minor
Subdivision, Being the Lands of Winter 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 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 Lot 2, as shown upon that certain map
entitled, "Parcel Map of Winter Minor Subdivision, Being the Lands of Winter 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 of land 20 feet wide and lying
Northerly of and contiguous to the Northerly line of Lots 1 and 2, as shown upon that certain map
entitled, "Parcel Map of Winter Minor Subdivision, Being the Lands of Winter 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.