HomeMy WebLinkAboutTC Ord 1993-03-03
93-106868:
Total
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Reco['d~?d
Offil~ial Records
;~~ounty ,:if
MARIN
J AME'3 [>AL BON
Rfc)Corder
8:01am lS-Dec-93
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WHEN RECORDED RETURN TO:
TIBURON TOWN HALL
1155 Tiburon Blvd.
Tiburon, CA 94920
ORDINANCE NO. 391 N.S.
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AN ORDINANCE OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
AMENDING PROVISIONS OF THE
ZELINSKY MASTER AND PRECISE PLANS
TO ALLOW DEVELOPMENT OF TIlE
BELVEDERE/TIBURON LIBRARY
The Town Council of the Town of Tiburon does ordain as follows:
SECTION 1. FINDINGS
A On July 11, 1977, the Tiburon Town Council adopted Ordinance No. 187
N.S. approving the Zelinsky Master Plan for the Downtown Area. Section 2.G of that
ordinance required Mr. Zelinsky to record a document prohibiting the development of
certain properties owned by Zelinsky.
B. On November 16, 1977, the Tiburon Town Council adopted Resolution No.
956 approving the Zelinsky Precise Plan. Condition No. 16 of that resolution also
required Zelinsky to preserve certain properties in their undeveloped state.
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C. On July 20, 1978, Zelinsky recorded an agreement with the Town of
Tiburon which in paragraph 1 stated that certain specified properties would be
maintained "in their present natural state..." The Agreement also stated in paragraph
2 that this building restriction could be modified in the future if the Tiburon Town
Council found good cause to do so.
D. One of the areas subject to this building restriction is the property at the
corner of Mar West Street and Tiburon Boulevard deeded by the Zelinsky's to the Town
of Tiburon and now proposed to be the site of the new Belvedere-Tiburon Library.
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Exhibit 1 and more particularly described in Exhibits 2 and 3, attached hereto and
incorporated as though fully set forth herein,
SECTION 3. 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 the same shall
be published, with the names of the members voting for and against the same, at least
once in a newspaper of general circulation, published in the Town of Tiburon.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Tiburon on March 3, 1993, by the following vote:
AYES:
COUNCILMEMBERS: Nygren, Friedman, Thayer, Thompson,
Kuhn
NOES:
COUNClLMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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ALVIN R. KUHN, MAYOR
TOWN OF TIBURON C ,
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ATTEST:
~/M'YJ(~
ERESE M, NNES , TOWN CLERK
THIS IS A TRUE AND
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TOWN CLERK
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RECORDED AT REQUEST OF:
TOWN OF TIBURON
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DEe 1 5 1989
TOWN MANAGER'S OFFICE
TOWN OF TI8URON
After recording, return to:
Town of Tiburon
1155 Tiburon Boulevard
Tiburon, CA 94920
DEED OF GIFT
EDWARD G. ZELINSKY and BARBARA Z. ABRAMS, Grantors, hereby give
to the TOWN OF TIBURON, a Municipal Corporation, Grantee, all
right, title and interest which they may have, in and on that
~~certain real property situate in the Town of Tiburon, County
of Marin, State of California, and more particularly described
.. in Exhibit "A" attached hereto and made a part hereof, to be
used for public purposes only and is not to be sold or leased
for commercial or private use.
IN WITNESS"WHEREOF, the Grantors have hereunto sub-
scribed their names this day of December, 1989.
Edward G. Zelinsky
Barbara z. Abrams
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PARCEL "X"
DESCRIPTION
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A portion of Parcel "A", as said parcel is shown on the map
filed December 7, 1978, in Book 15 of Parcel Maps, at Page
90, Marin County Records, State of California, said portiqn
described as follows:
Beginning at the most northerly corner of said Parcel "A",
said.comer also being a point on the southwesterly line of
:Lot 10, as said lot is shown on the map filed February 16,
1984, in Volume 19 of Maps, at Page 4, Marin County Records;
thence along the northeasterly line of said Parcel "A" and
said southwesterly line of Lot 10, South 65"47' 32" East,
190.23 feet (recorded South 65"22' 40" East) to the True
Point of Beginning~
thence from said True Point of Beginning, along said
northeasterly line of Parcel "A" and southwesterly line of
Lot 10, South 65"47' 32" East, 71.56 feet to a point; thence
leaving said northeasterly and southwesterly lines,South 36"
25' 08" West, 183.41 feet to a point on the northeasterly
right of way line of Tiburon Boulevard; thence along said
northeasterly right of way line of Tiburon Boulevard,North
55"55' 42" West,70.00 feet (recorded North 55"35' West) to a
point; thence leaving said right of way line, North 36"25'
08" West,17l.l4 feet to the True Point of Beginning.
Containing 0.285 acres, more or less.
EXHIBIT A
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