HomeMy WebLinkAboutTC Ord 1995-05-31
I ORDINANCE NO. 414 N.S.
AN ORDINANCE OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON APPROVING
A DEVELOPMENT AGREEMENT FOR THE
MARINERO ESTATES (HARROMANl DEVELOPMENT
The Town Council of the Town of Tiburon does ordain as follows:
SECTION 1. FINDINGS.
The Town Council finds as follows:
A. California Government Code Sections 65864-65869.5 authorize cities and counties
to enter into binding development agreements as therein provided.
B. The Harroman Company, Inc. (hereafter "Owner"), has requested that the Town
ofTiburon (hereafter "Town") enter into a development agreement with respect to
the real property commonly known as Marinero Estates, which is located in the
Town of Tiburon and is more particularly described in the Development Agreement
attached hereto as Exhibit "A". Proceedings have been taken in accordance with
. the Town's rules and regulations for the consideration of development agreements.
L C. The Town and the Marin County Open Space District have proposed to purchase
the property for open space from the Owner. As part of the proposed purchase,
the Town would give Owner a promissory note secured by a deed of trust
encumbering the developable portion of the property. This development agreement
is a part of the proposed purchase and pertains only to the developable area.
D. Owner has the requisite legal interest in the Property to enable the Town to enter
into the Development Agreement with Owner.
E. The Planning Commission of the Town of Tiburon has reviewed the proposed
Development Agreement and has held a public hearing on the same.
F. The Town Council has held a public hearing on the proposed Development
Agreement and held a noticed public hearing on the same.
G. The Town Council finds that the Development Agreement is consistent with the
General Plan and Zoning Ordinance of the Town and with the amended Precise
Development Plan approved by the Town Council on May 23, 1995.
I H. The Town Council further finds that the facts set forth in the Recitals of the
Development Agreement attached as Exhibit "A" are true and correct and that these
facts are hereby incorporated by reference into this Ordinance.
.' - SECTION 2. APPROVAL.
I The Town Council approves the Development Agreement with the Harroman Company,
Inc. for the Marinero Estates development. A copy of the agreement is attached hereto
and incorporated herein. The Mayor is authorized to enter into and execute the
Development Agreement on behalf of the Town.
SECTION 3. SEVERABILITY.
If any section, subsection, clause, sentence or phrase of this Ordinance is for any reason
held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of the Ordinance. The
Town Council hereby declares that it would have passed this Ordinance, any section
subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more
sections, subsections, sentences, clauses or phrases may be declared invalid or
unconstitutional.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect and be in force thirty (30) days after the date of passage
and before the expiration of fifteen (15) days after its passage a copy of the ordinance shall
be published with the names of the members voting for and against it at least once in a
newspaper of general circulation published in the Town of Tiburon.
, This ordinance was introduced at a regular adjourned meeting of the Town Council of the
Town of Tiburon on May 23, 1995, and was adopted at a regular meeting of the Town
"- Council of the Town of Tiburon on May 31, 1995 by the following vote:
AYES: COUNCILMEMBERS: THOMPSON, THAYER, WOLF
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NYGREN, GINALSKl
a.a)ryz~
ANDREW THOrvnlsON, MAi'OR
Tow' OfT;b,"~, 1f!j", --<__-
DIANE L. ANE, TOWN CLERK
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