HomeMy WebLinkAboutTC Res 1977 (August - September)
RESOLUTION NO. 943
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TIBURON IN OBSERVANCE OF MANTEGANI'S
CORNER MARKET'S 40TH ANNIVERSARY
WHEREAS, Mantegani's Corner Market, founded in 1937,
is currently celebrating its 40th year of business in the
Tiburon Community; and
WHEREAS, the Corner Market is the oldest retail business
founded and still operating in the City of Tiburon; and
WHEREAS, The Mantegani family has contributed to the
Tiburon community in business, pUblic service, and charitable
endeavors; and
WHEREAS, James Mantegani and Pam Mantegani Wright, second
generation Tiburon born, continue to pursue this tradition of
business and community service;
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Tiburon does hereby commend the Mantegani family
for their many years of community service and business in the
community, and wishes them continued success.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tiburon on September 12 ,1977, by the following
vote:
AYES: COUNCILMEN: Aramburu, Edelstein, Ellman, Tayer, Ross
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE
i!k;wUfflChJ
E./BJ;<UCE ROSS, Mayor
(SYty of Tiburon
R.
Drafted: 9/8/77
RESOLUTION NO. 942
A RESOLUTION OF THE CI'IT COUNCIL OF THE CI'IT OF
TIBURON PROCLAIMING THE MONTH OF OCTOBER, 1977,
AS LANDMARKS MEMBERSHIP MONTH
WHEREAS, the Landmarks Society was created in 1959 by residents
of Belvedere and Tiburon to protect the historic and natural resources of
the Tiburon Peninsula; and
WHEREAS, the Landmarks Society has been instrumental in the early
recognition of the historic landmarks and outstanding open space areas of
the Tiburon Peninsula, and the pursuance of their preservation; and
WHEREAS, membership in the Landmarks Society is available to all
residents of the Belvedere and Tiburon communities, and residents who are
interested in the local history of the Tiburon Peninsula and sharing in the
preservation of the unique characteristics o~ the communities are encouraged
to participate as members; I
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Tiburon, in full recognition of the initiative, successes, and future endeavors
of the Landmarks Society does hereby proclaim October, 1977, as Landmarks
Membership Month; and
BE IT FURTHER RESOLVED that the City Council of the City of Tiburon
does hereby encourage all residents and officials of the community to both
participate in and support the goals and objectives of the Landmarks Society
by becoming active members.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tiburon on September 12, 1977, by the following vote:
AYES:
COUNCILMEN: Aramburu, Edelstein, Ellman, Tayer, Ross
NOES: None
ABSENT: None
(><<~1~
E. BRUC~!ROSS, Mayor
City0tf Tiburon
ATTEST:
Drafted: 9/8/77
RESOLurION NO. 941
A RESOLUTION OF TIlE CITY COUNCIL OF
lliE CITY OF TIBURON .AMENDING
RESOLUTION NO. 887. 'IRE CITY IS
ENVIRONMENTAL IMPACf GUIDELINES
WHEREAS: The City Conncil has determined that
the Envirormental Impact Guidelines adopted by the City
are in conflict with the State Environmental Quality Act
with reference to time limits for processing of Environ-
mental Impact Reports.
NCW 'IBEREFORE BE IT RESOLVED: That Section G-3
of the City IS EnvirOl1lIEn.tal Impact Guidelines is hereby
amended to read:
3. All Envirormental Impact Reports and Negative
Declarations for projects within Section 2l065(c)
of CEQA shall be completed within one year from
the date of the filing of the project application,
which t:ime limit may be extended for a reasonable
t:ime in the event that tmforeseen ciretmlStances
justify additional t:ime, and the applicant con-
sents thereto.
PASSED AND AOOPI'ED at a regular !lEeting of the City
Conncil of the City of Tiburon on August 22, 1977, by the
following vote:
AYES:
COUNCIlMEN: Aramburu, Edelstein, Ellman, Ross, Tayer
NOES:
COUNCIlMEN: NONE
ABSENT :
COUNCIlMEN: NONE
RESOLUTION NO. 940
A RESOLUTION OF THE CI'IT COUNCIL OF THE CI'IT OF
TIBURON APPROVING THE APPLICATION FOR 1976 GRANT
MONEYS FOR THE RICHARDSON BAY LINEAL PARK IMPROVE-
MENTS PROJECT
WHEREAS, the people of the State of California have enacted the State,
Urban, and Coastal Park Bond Act of 1976, which provides funds to the State
of California and its political subdivisions for acquiring lands and for
developing facilities for public recreation and historical purposes; and
WHEREAS, the State Departmemt of Parks and Recreation has been delegated
the responsibility for the administration of the program within the state,
setting up necessary procedures governing application by local agencies under
the program; and
WHEREAS, said procedures established by the State Department of Parks and
Recreation require the applicant to certify by resolution the approval of appli-
cations prior to submission of said applications to the state; and
WHEREAS, said applications contain assurances that the applicant must comply
with; and
WHEREAS, the applicant agency will enter into an agreement with the State
of California for the acquisition and/or development of the project;
NOW, THEREFORE, BE IT RESOLVED that the City Council herepy:
1. Approves the filing of an application for 1976 state grant assistance; and
2. Certifies that said agency understands the assurances in the application; and
3. Certifies that said agency has or will have sufficient funds to operate and
maintain the project; and
4. Certifies that said agency has reviewed and understands the General Provisions
contained in the sample stateJIocal agreement; and
5. Appd~ the City Manager as agent of the city to conduct all negotiations,
exec~~~ and submit all documents including but not limited to applications
agreements, amendments, payment requests, and se' on which may be necessary
for the completion of the aforementioned project.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tiburon on August 22 , 1977 by the following vote:
AYES:
COUNCILMEN: Ellman, Edelstein, Aramburu, Tayer, Ross
NOES:
COUNC ILMEN : None
ABSENT:
COUNCILMEN: None
AT~ST~~St ~-
ROBERT L. KLEINERT, City Manager/City Clerk
_...~,_.~~.~,,,,..-._-
RESOLUTION NO. 939
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TIBURON FIXING THE
RATE OF TAXES ON SECURED AND UNSECURED
PROPERTY FOR FISCAL YEAR 1977-78
WHEREAS, the City Council of the City of Tiburon did on
June 27, 1977, adopt a municipal budget providing for revenues
to be raised for the current fiscal year, in part from a tax
upon secured and unsecured property; and
WHEREAS, it appears that a tax of 85~ 5~ per each one hundred
dollars ($100.00) of assessed valuation of said property as it
appears on the current assessment roll will provide the required
revenues:
General Fund
Bond Redemption
(1972 Open Space)
13 . O~
l2.5~
85.5~
NOW, THEREFORE, BE IT RESOLVED that the tax rate for the
fiscal year 1977-78 upon secured and unsecured property within
the City of Tiburon should be and is hereby fixed at $. upon
each one hundred dollars ($100.00) of assessed valuation.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tiburon held on August 22, 1977, by the following
vote:
AYES: COUNCILMEN: Ellman, Edelstein, Aramburu, Tayer, Ross
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Draft date: 8/11/77
"Bp.TIFIC \.TIf)N 0:0/ CI TY C~,ERK
I, Robert L. Kleinert, City Clerk of the City of Tiburon, County of Marin,
State of Californi2, GO hereby certify that the attached is a true and
exact copy of that certaj.~ City of Tiburon Resolution No. 938
which W4t3 a{~o;:ted by t~:\e. co'_meil or sa.id City at a regular
meeting on Au~~st 22~ 1977 in eccordance with the laws of the
State of California and the Ordinances of said City as they pertain to the
~ction and the docu.men.t of .","hien th.is ce.rtificate is a part.
;,~
Barbara
Re~.
('1 ~8
(Miraflores Project Assessment District, City of Tiburon,
Marin County, California)
RESOLUTION NO. 938
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE
CITY OF TIBURON AND MIRAFLORES MUTUAL WATER COMPANY
BE IT RESOLVED by the City Council of the City of Tiburon, Marin
County, California, that the Mayor of the City of Tiburon be authorized
to sign, and the City Clerk be authorized to attest, that certain agree-
ment between the City of Tiburon and Miraflores Mutual Water Company,
which said agreement is attached hereto.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Tiburon on August 22, 1977, by the following vote:
AYES: COUNC ILMEN: ARAMBURU, EDELSTEIN, EUMAN, ROSS
NOES: COUNCILMEN: NONE
ABSENT: COUNC ILMEN : NONE
ABSTAIN: COUNCJLMEN:
TAYER
~
ATT~~ ..
R. L. LEINERT, City Manager/Clerk
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AGREEMENT FOR THE TRANSFER
OF IRRIGATION WATER FACILITIES TO
MIRAFLORES MUTUAL WATER COMPANY
Recitals
A. The parties to this agreement are the City of Tiburon,
a general law city in the County of Marin, State of
California (hereafter the City) and Miraflores Mutual
Water Company, a California corporation (hereafter the
Company) .
B. The City is presently conducting proceedings pursuant
to the Municipal Improvement Act of 1913 (Sections 10000
and following, California Streets and Highways Code) for
the acquisition and improvement of certain facilities
within an area known as Miraflores Project Assessment
District, situated within the City. The irrigation water
facilities which are the subject of this agreement are
among the facilities to be acquired by the City in
connection with said proceedings. Said facilities are
itemized on Exhibit A, attached hereto and by reference
incorporated herein.
C. In the event the subject assessment proceedings are
completed to the point of sale as proposed of assessment
bonds under the Improvement Act of 1911 (Sections 5000 and
following, California Streets and Highways Code), the City
will pay to the present owners of said irrigation water
facilities the cost of same and will thereby acquire said
facilities.
D. The purpose of this agreement is to' provide for the transfer
to Miraflores Mutual Water Company of said irrigation I'il~.~~r.: ~.,..':"l: 7"~
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facilities and to specify the terms and conditions under
which said transfer will be made.
Agreement
1. Following the sale of the subject assessment bonds and
upon receipt by the City of an appropriate bill of sale
for the subject irrigation water facilities, the City
agrees to transfer title to Miraflores Mutual Water
Company by assignment to the Company of said bill of sale.
2. The Company shall pay the sum of One Dollar ($1.00) for
said transfer.
3. It shall be expressly understood, however, that transfer
of title to said facilities to the Company shall be further
conditioned upon the following, as to which the Company shall
have the burden of demonstrating compliance to the satisfaction
of STURGIS, NESS & BRUNSELL a professional corporation,
Special Bond Counsel to the City.
a. The Company shall complete and file with the Department
of Corporations its Application for a permit to issue
share certificates, said certificates to be appurtenant to
and to run with the several subdivisions of land within the
subject assessment district and service area of the
Company.
b. The Company shall conduct the first meeting of its Board
of Directors in the usual manner, covering the usual
business at said meeting, including but not limited to
the adoption of By-Laws to conform to the requirements of
law for general corporations in California, as well as
the special requirements for mutual water companies.
c. The Company shall make acceptable arrangements with a
qualified person to manage and to otherwise maintain
and operate said irrigation water facilities; to collect
service charges from the users of said facilities; and
to otherwise administer the business affairs of the
Company.
4. The Company agrees that the City shall have a right of
first refusal to purchase all assets of the Company in
the event that the Company shall ever cease its corporate
operations for any reason, and the City shall be entitled
to acquire the subject irrigation water facilities for
$1.00 in such event; provided, however, that the City
would be obligated to pay for all other assets of the
Company in accordance with standard methods of valuation
then prevailing for such other assets, if any.
5. The effective date of this agreement shall be the date
on which the Notice of Assessment for the subject special
assessment proceedings is recorded in the official records
of the County of Marin, State of California.
Dated:
~t.
I~
, 1977
City of Tiburon
By
Ma 0
August 22
, 1977
Miraflores Mutual Water Company
B~~~--jL (Zt;
esident
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Vice Preside
.....
Dated:
By
-3-
,-
EXHIBIT "A"
to
AGREEMENT FOR THE TRANSFER OF IRRIGATION WATER
FACILITIES TO MIRAFLORES HUTUAL \\TATER COMPANY
Irrigation Facilities
1. Wells 1, 3 and 4;
2. Ten-thousand Gallon Holding Tank;
3. Pumps;
4. Pipelines, and
5. Appurtenances.
/f:,
-"
.9_~3!I"'TC~TJ...ON O~ err? CI.ERK
I~ Robert L. Kleinert, Clty Clerk of t~e City of Tiburon, County of Marin,
State of California, co hereby certify that the attached is a true and
exact copy of that certai~ City of Tiburon Resolution No. 937
which wa3 ado;ted by t~e co~ncil of said City at a regular
meeting on August 22. 1977 i.n a.ccordance with the laws of the
State of California and the Ordinances of said City as they pertain to the
~ction and the docllmBr..t of -lo!h.ic.h.this c.e.rtificate is a part.
(Miraflores Project Assessment District, City of Tiburon,
Marin County, California)
RESOLUTION NO. 937
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE
CITY OF TIBURON AND RICHARDSON BAY SANITARY DISTRICT
BE IT RESOLVED by the City Council of the City of Tiburon, Marin
County, California, that the Mayor of the City of Tiburon be authorized
to sign, and the City Clerk be authorized to attest, that certain agree-
ment between the City of Tiburon and Richardson Bay Sanitary District,
which said agreement is attached hereto.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Tiburon on August 22, 1977, by the following vote:
AYES: COUNCILMEN:
ARAMBURU, EDELSTEIN, ELLMAN, ROSS
NOES: COUNCILMEN:
NONE
ABSENT: COUNCILMEN:
ABSTA IN: COUNCILMEN:
NONE
TAYER
A~EST: ~
~T' City anager/Clerk
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44445
RECORDING REQUESTED BY:
Robert L. Kleinert, City Clerk
City of Tiburon
City Hall, 80 Main Street
Tiburon, Ca. 94920
AND WHEN RECORDED RETURN TO:
44445
N.Pt.sTI.j2.M
!\U 02 9 1977
0fDI Raft " MIfrr ., Calif.
n~~.~._. · .'f/
Fa :$... . RECORDER
8om:3255 Pt~cEG88
Robert L. Kleinert, City Clerk
City of Tiburon
City Hall, 80 Main Street
Tiburon, Ca. 94920
NOTICE .OF ASSESSMENT
Pursuant to the requirements of.Section 3114 of the Streets and
Highways Code of the State of California, the undersigned City Clerk of
the City of Tiburon, Marin County, California, hereby gives notice that
a Diagram and Assessment were recorded in the office of the Superintendent
of Public Works of said City of Tiburon as provided in said section, and
relating to the following described property:
The lots, pieces or parcels of land as shown on the
Assessment Diagram for Miraflores Project Assessment
District, City of Tiburon, County of Marin, State of
California, which was filed for record in the office
of the County Recorder of the County of Marin on the
29th day of August, 1977, in Book ~ of Maps of
Assessment Districts at page .:2.3 thereof.
NOTICE IS FURTHER GIVEN that upon the recording of this notice in
the office of the County Recorder, the several assessments assessed upon
the lots, pieces or parcels of land shall become a lien upon the lots or
portions of lots assessed, respectively.
Reference is made to the Assessment Diagram hereinabove referred
to and the Assessment Roll recorded in the office of the Superintendent
of Public Works of said City of Tiburon on the 26th day of August, 1977.
Said Assessment Roll recorded in the office of the Superintendent of
Public Works is referred to to determine the amount of each assessment
levied against each parcel of land shown upon the Assessment Diagram.
A list of the name or names of the assessed owners as they appear
on the latest secured assessment roll, or as known to the Clerk, is
attached hereto and made a part hereof.
DATED: August 29, 1977.
! .~J / /
ROBERT L. KLEINERT, City Clerk,
City of Tiburon, Marin County,
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(Miraf1ores Projec~ Assessment District, City ~ Tiburon,
Marin County, California)
PROPERTY OWNERS' LIST
Owner of Property:
Miraflores Development Co., Inc., a
General Partner of Miraflores Holding
Co., a Limited Partnership
P.O. Box 851
Tiburon, Ca. 94920
Deed of Trust or Mortgage Holders:
Gerry Dagess
518 Logue Avenue
Mountain View, California 94040
John Jacob Rupp
28 Filbert Street
Sausalito, California 94965
Michael Paul Berline
Reginald Locke
c/o Berline Associates
Suite 420
2325 Third Street
San Francisco, California 94107
John Laskin
105 Montgomery Street
San Francisco, California 94104
Richard B. Ham
Louise B. Ham
Robert B. Ham
Sharon W. Ham
Donald R. Ham
c/o Ham Construction
140 Lyford Drive
Tiburon, California 94920
Sutter Hill, Ltd.
P. O. Box 11787
Palo Alto, Ca. 94306
Terra Financial Corporation
P.O. Box 11787
Palo Alto, California 94306
c/o Robert Bartels, Vice President
BOOK3255 p^GE589
9.E~.TI?!I~~TIg~~ O:J' CITY C1ERJ~
I, Robert L. Kleine~t, City Clerk of ti1e City of Tiburon, County of Marin,
State of Californip., co hereby certify that the attach~d is a true and
exact copy of thet certa:i.::1 City of Tiburon Resolution No. 936
which W~3 a(~o~ted by the cO'-tncil of said Ci ty at a regular
meeting on August 22. 1977 in accordance with the laws of the
State of California e.nd the Ordinances of said City as they pertain to the
A~tion and the dO~lli~~ri.t of-which.-this certificate is a part.
Barbara
",..
~~~"""""'''-'''~
(Miraflores Project Assessment District, City of Tiburon,
Marin County, California)
RESOLUTION NO. 916
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BET~~EN THE
CITY OF TIBURON AND MARIN MUNICIPAL WATER DISTRICT
BE IT RESOLVED by the City Council of the City of Tiburon, Marin
County, California, that the Mayor of the City of Tiburon be authorized
to sign, and the City Clerk be authorized to attest, that certain agree-
ment between the City of Tiburon and Marin Municipal Water District,
which said agreement is attached hereto.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Tiburon on August 22, 1977, by the following vote:
AYES:
COUNCILMEN:
ARAMBURU, EDELSTE IN, ELLMAN, ROSS
NOES:
COUNCILMEN:
NONE
ABSENT: COUNCILMEN:
ABSTIAN: COUNCILMEN:
NONE
TAYER
~
City of Tiburon
R.
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File 1.11.'
Aft~eFlsment Distric:
PIPELINE EXTENSION AG~EMEN':.
(M.M.W.D. _. CITY OF TIBURON)
MIRAYLORES UNIT Tlo.'I() ASSESSHENT DISTr.IC:
TIBURON!, CL
THIS AGREEMENT IUSde and entered into tIde 28th day 0::
September 1977, by and betwepn lilffiIN MUNICIPAL WATER DISTRIC:,
her~.1nafter called ''District II r and CITY OF TIBURON ~ her.eirmfter crdlE;c:
"City".
tITTNESSETF:
WHEREAS, City haii instituted proceeding!. pur&u&nt to thE: pn.-
visions of the Municipal Improvement Act of 1913 for the construction
of improvements in Miraflores Unit Two Assessment District, Marin
County. California, which .aid assessment district boundaries are shown
on a map furnished to District entitled, "Grading and Improvement Plan,
Miraflores Project Unit Two, by Gonzalez and Oberkamper, Scale 1" - 20',
dated FebrU6.ry 1977". and
WHEREAS, the said Municipal Improvement Act of 1913 provides
that prior to the ordering of the work in said special aseessment dis-
trict proceeding. there ahall be entered into a contract between City
and District with relation to the plans and specifications for the
system of water supply and the installation thereof; and
WHEREAS, District has determined that domestic eervice to Unit
Two of said tract r-."ill require the installation of 2,150' of 8" pipe.
4- 6" steamer fire h)rdrants, 21- 5/8" x 3/4" service connections and
that the on-site source system ~~ll require the installation of 2,100'
of 2" pipe, 42- 5/8" x 3/4" service connections and other facilities as
set forth in plans propared therefor, and
l~W, THEREFORE. the parties hereto do agree as follows:
1. InGtallation AccordinR To District PlanE 1 The work and improve-
ments herein involved shall be installed in accordance with detailed
plans and specifications or supplemental plans as they may be prepared
from time to tilllG therefor by District, and District shall have absolute
discretion in determining the kind and quality of the work and materials.
As the work progresses, the District reserves and shall have the right
to amend and adE.pt plane and specificstions to meet conditions as they
develop" Any extra costs arising from any such revtsion of plans will be
charged agUIl8 t the job.
ATTENTION IS CALLED TO THE STANDARD SPECIFlCA1'IONS OF THE DISTRICT,
WICH ARE REFERRED ro AIID ARE INCORPORATED HEREIN BY REFERENCE, AS
THOUGH SET FORTH AT LENGTH. THE APPL ICAN'! AND HIS CONTRACTOR AGREE
l"HAT ALL ~'OR.K SHALL BE DONE ACCORDING TO THE PROVISIONS OF THE STANDARD
SPECIFICATIONS AND THAT THE CITY AND ITS CONTRACTOR OR SUBCONSTRACTORS,
/JlE FULLY BOmID 1'0 ALL PROVISIONS OF mE STANDARD SPECIFICATIONS.
2. It is agreed snd understood that Ilervice to all lote; within this
assessment district will be granted only under District's "high pressure
application", and it will be required that the applicant for water aer-
vice to each of these lots iU8tall a pressure reducing valve.
r'iI E t.'. ~ "1 r @ l"t""
Lb' U l' L~ I... A . i~
ORIGIN!!'
3. Cost Estimate:
The estimated co@t of this work is:
a. nomestic Pipeline Installation......................
b. On-Sit8 Source Pipeline Installation................
c. Hydrant Installation................................
d. Dome8tic Service Connections.....D..................
e. On-Site Source Service Connections..................
f. Connection Fee....................................._
roTAL . . . e " . . . . . . . . . . . . .
$ 44,353
16,03ll
6.752
6,510
13,020
25,200
~111,869
4. Deposits City agrees on behalf of said assessment district that
there will be provided -in the plans and specifications and the estimate
of coat of said work, and in the amount of assessments to be levied end
bonds to be Bold in said proceedings, sufficient money to pay the. above
amount of money, to wit, $111,869. City further agrees that, prior to
the coumencement of any work wder any contract let for the work and im-
provements in said asse88m~nt district, City will pay to District out of
the proceeds of assua_nte levied and bonds issued the following sums
of money:
Domestic Pipeline Materials....~....................
On-Site Source Pipeline }~terialB...................
Hydrant Materials,........................... ...... ..
Domestic Service Connection Materials...............
On-Site Source Service Connection Materials.........
Connection Fee.............. e . . . . ~ . . . . . . . . . . fl II . . . . . . .
roTAI.. . . . . . . . . . .. . .. . . __ . .
(: 26,295
...
4,461
5,352
4.410
8.820
25,200
(. 74,~.
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City further agrees that said sum of $74.538 will be paid to District
before any materials shall be supplied hereunder by District and before
work of installation of any system of water supply under any contract let
by City shall commence.
5. Refunds I Upon completion of work and acceptance by District, any
excess monies being held by District for materials will be refunded with-
out interest to City for credit of assessment district.
6. Maintenance Guarantees The City guarantees that all work performed
by it, and all structures furnished and installed or conatructed by it
under the contract, will fully meet with all requirements of the contract.
Said guarantee will extend for a period of twelve months, beginning at the
time work 1s completed and accepted by District. To insure the District of
the protection which this guarantee is to provide, the City or its contrac-
tor will provide a surety bond in the amount of 25% of the estimated labor
contract price. to wit, $9,333. The bond shall be delivered to the District
before work on the extension begins. The above requirements are 8S set forth
in Paragraph 1-13, Section 1 of the District's Technical Specifications for
the 'WOrk.
7. Final Accountin~: All material will be supplied by District at
District'. Yard at Greenbrae or Corte MBdera and &t replacement cost with
allowance for overhead. District estimates of materials and other costs
will be fiWil and binding for the purpose of fixing the amotmt of a.dvances.
If the actua~ costs are lower than the estimated COBts, City will be given
the benefit of t~e lower costs, and if tbe actual costa are higher than the
estimated costs, City will payout of the proceeds of aS8essments levied and
bonds issued, the deficit to the District when final costs are dete~ined.
8. Grad1nR and Ri~ht8-of-Way: No pipelines or other facilities shall be
installed until roadways are completed to subgrade, curbs and gutters are
installed, and until all necessary and suitable rightG-of~ay, pumping plant
sites and storage tank sites required for the installation, operation and
maintenance of the facilities, are furnished. The determination of District
as to requlrement. in each of these 1Uttera shall be final.
9. Ins~ctiont District shall provide an inspector to supervise
the installation of facilities. The cost of inspection shall be char~e~
against the job. and unless otherwise item17,edJ will be included in t~e
cost of engineering and will be payable by City out of the proceeds OJ
assessments levied and bonds issued as a cost item.
10. No Refundsl
this extension.
No refunds will be made from the sale of water from
11. Fire Hydrants: All fire hydrants will be turned over to the
Tiburon Fire Protection DistrictJ to be operated and maintained by it
the same as other hydrants in the area.
12. Acceptance for Maintenance: District assumes no obligation as to
maintenance of the facilities included in this agreement until ouch time
as they are formally accepted. Acceptance will be made at such time as
all facilities are satisfactorily inetalled in accordance with the plans
and specifications and all paving work is completed. Any cost incurred
by District necessitated by emer~ency or other repairs prior to final
acceptance by District vill be charged against cost of installation.
13. Ownership of System: This agreement shall become effective after
proceedings have been taken pursuant to the provisions of the Municipal
Lmprovement Act of 1913 and funds are available to carry out the terms
thereof. After the work ia completed and accepted, title to the domestic
facilities 80 installed shall vest in District and constitute a part of
it. water supplying system, and ahall at all times thereafter be usedJ
operated. maintained by it as a part of such system. Ownership of the
liOn-Site Source System", in its entirety, shall be vested in Mireflores
Holding Company and shall be used, operated and maintained by same.
14. City is Trustee for Propert~ Owners: It is agreed that the signa-
ture of all parties to this Agreement is based upon and predicated upon
consummation of speci&l assessment district proceedings providing for a
sufficient assessment to pay the money herein agreed to be paid District
and also to pay all costs and expenses of said proceedings and any
rights-of-way or other property referred to in Paragraph 8 of th1.s
Agreement. It 1s agreed that the City is signing this Agreement solely
as agent and Trustee for the property owners within the area described
in the Agreementj that it is assuming no direct liability for payment
of said money or tile expenses of the acquisition and construction of
said system and that its only liability and responsibility is that of
conducting the special assessment proceedings referred to in the form
provided by law. It is also understood by all parties that the City
cannot pledge itself in advance that said special assessment proceedings
will give the City jurisdietion to confirm the assessment and that all
terms and provisions of this Agreement are subject to said upecial as-
sessment proceedings being consummated. City is to pay sums to be paid
pursuant to this Agreement only out of moneys in said special assessment
district proce~dings aud out of no other funds.
15. District Committed to Serve Only After Acceptance: Nothing herein
contained and no temporary service from any facility herein provided for
and no installation provided for herein shall be construed as an agree-
ment or undertaking on the part of District to serve any area or person
unless and tmtll:
lie This contract shall have been performed in its entirety
by City and the facilities shall have been accepted by
Districtj and
b. All precedent and connected contracts between the
parties r~lating to off tract transmis8ion maiu8 and
other facilities shall have been performed in full by
City.
19. tlinety Da.y Time Limitsl The agreement will be void if not si~ed by
and d.liv~r.d to both parties within ninety days of this date. Estimate 1c
baaed on current prices. If coste should advance before work 1s cOtmTlenced t
District will require 8uch additional deposits as may be necessary_
GIVEN under our respective hands and seals the day Llnd year herein-
above first written.
VtARIN MUNICIPAL WATER DIS'fRIC'!'
By
By
CITY OF ~lTRON
By r!r~~A/J~
Kayor"?-(jV- v , r .
f~R TIFI C:~ rrgN Or:' C I 7Y CLEFJ~
I, Robert L. Kleinert, City Clerk of the City of Tiburon, County of Marin,
State of California, do hereby certify that the attached is a true and
exact copy of that certain City of Tiburon Resolution No. 935
which was adopted by the council of said City at a regular
meeting on August 22. 1977 in accordance with the laws of the
State of California and the Ordinan.ces of said City as they pertain to the
~,rtion and the document of -which. th.is certificate is a part.
Clerk
Barbara K.
""
""-
~"'''-----
(Miraflores Project Assessment District, City of Tiburon,
Marin County, California)
RESOLUTION NO. 935
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE
CITY OF TIBURON, LEONARD CAHN and DAVID LEWIS, and PACIFIC
GAS AND ELECTRIC COMPANY
BE IT RESOLVED by the City Council of the City of Tiburon, Marin
County, California, that the Mayor of the City of Tiburon be authorized
to sign, and the City Clerk be authorized to attest, that certain agree-
ment between the City of Tiburon, Leonard Cahn and David Lewis, and
Pacific Gas and Electric Company, which said agreement is attached hereto.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Tiburon on August 22, 1977, by the following vote:
AYES:
COUNCILMEN: ARAMBURU, EDELSTEIN, ELLMAN, ROSS
NOES:
COUNCILMEN: NONE
ABSENT:
ABSTAIN:
COUNCILMEN: NONE
COUNCILMEN: TAYER
~,
City of Tiburon
ATTES:11/ ~ 4'
R.I'~. City Manager/Clerk
-"" ~: ~ ,r It i\ ~ !t: ~..
Ul;;';"':"'\.lio" ...., ""11
. b~ Y ~ ~ ~'Q Gr.:. r:...
AGREEMENT FOR THE INSTALLATION, MAINTENANCE,
OPERATION AND CONVEYANCE OF NEW UNDERGROUND
ELECTRIC AND GAS FACILITIES
THIS AGREEMENT is made this
day of
1977, by the CITY OF TIBURON, a municipal corporation (City), LEONARD CAHN
and DAVID LEWIS, a partnership (Owner), and PACIFIC GAS AND ELECTRIC COMPANY,
a California corporation (PGandE).
RECITALS:
1. City, pursuant to the provisions of the Municipal Improvement
Act of 1913, adopted its Resolution of Intention No. 919 on July 11, 1977,
which provides for the formation of a special assessment district designated
"Miraflores Project Assessment District," (District) to accomplish, among
other things, the installation of gas mains and new underground electric
distribution facilities.
2. The gas and electric facilities contemplated for construction
within the District include (a) gas mains that are to be connected to PGandE's
existing system (Gas Facilities) and sho't[n on the sketch marked Exhibit "A"
attached and made a part hereof and (b) the installation of new underground
electric distribution facilities for a new residential area (Electric Facilities)
shown on the sketch marked Exhibit "B" attached and made a part hereof.
3. The Gas and Electric Facil ities to be- installed are to be
constructed by PGandE.
4. The ownership of the Gas and Electric Facilities shall vest in
PGandE, as authorized by the provisions of Sections 10109, 10110 and 10111
of the Streets and Highways Code of the State of California.
1 :
-'''j ~ "'"f;;;
1_ I
, t~;.-:"1
. '4; -"',i30
: : i '~1
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOllOWS:
1. PGandE shall furnish and install the Gas Facilities shown on
Exhibit "A" in accordance with Section C of PGandE's Gas Rule No. 15, a copy
of which is attached and made a part hereof.
2. Owner shall pay PGandE prior to the furnishing of any work
or materials relating to the Gas Facilities the refundable amount of $
which is PGandE's estimated cost to furnish and install the Gas Facilities
to and within the District. The amount of $ shall be subject to
refund to Owner, without interest, in accordance with the provisions of
Gas Rule No. 15. No refunds shall be made after ten (10) years from the
date of completion of the Gas Facilities as such date is established by
PGandE1s records.
3. PGandE shall furnish and install the Electric Facilities for
the new residential area shown on Exhibit liB" in accordance with PGandE's
Electric Rule No. 15.1 (Electric Residential Subdivision Extension Rule), a
copy of which is attached and made a part hereof.
4. City shall pay to PGandE prior to the furnishing of any work
or materials relating to the residential area portion of the Electric
Facilities, the nonrefundable sum of $ which represents PGandE's
estimated cost of installing certain "distribution and feeder~conduits
($ ), performing all necessary trenchi"ng, e_xcavation and backfilling
work ($ ), all related to the installation of the Electric Facilities.
5. Owner shall pay PGandE prior to the furnishing of any work or
materials relating to the residential area portion of the Electric Facilities,
the refundable sum of $ which is the estimated cost of the underground
2 :
extension determined in accordance with Section C of the Electric Residential
Subdivision Extension Rule. This amount shall be subject to refund to
Owner, without interest, in accordance with the provisions of the Electric
Residential Subdivision Extension Rule. No refunds shall be made after
ten (10) years from the date PGandE is ready to render service from the
residential area portion of the Electric Facilities as such date is established
by PGandE's records.
6. Any rearrangements, relocation, addition to or modification of
the Gas Facilities as shown on Exhibit "A" and the Electric Facilities as
shown on Exhibit "B" after commencement of construction required for any
reason other than the sole convenience of PGandE shall be paid for on demand
and in advance by City or OWner.
7. City and Owner shall, upon the installation of the Gas and
Electric Facilities, execute and deliver to PGandE a deed or deeds in the form
attached hereto as Exhibit "C" conveying the Gas and Electric Facilities to
PGandE.
8. City shall make any payment to PGandE hereunder only from the
proceeds of assessments levied and bonds sold in the assessment district
proceedings. There shall be no liability upon City to make such payment from
any other source of funds. PGandE shall not be obligated t~ proceed hereunder
until sufficient funds have been made availabl~ and all payments to be made
to PGandE have been made.
9. All Gas and Electric Facilities installed hereunder shall be
and remain the property of PGandE.
10. PGandE shall, subject to all of the terms and conditions hereof,
operate and maintain the Gas and Electric Facilities and provide gas and
3:
electric service in accordance with PGandE's applicable rates and rules
established by PGandE, from time to time, and on file with and authorized
by the California Public Utilities Commission (Commission).
11. (a) PGandE shall not be responsible for any delay in construction
of the Gas and Electric Facilities resulting from shortage of labor or
materials, strikes, labor disturbance, war, riots, weather conditions,
governmental rule, regulation or order, including orders or judgments of any
court or commission, delays in obtaining necessary rights of way, act of God,
or any cause or condition of like or unlike characteristic which is beyond the
control of PGandE. PGandE shall have the right, in the event it is unable to
obtain supplies, materials or labor for all of its construction requirements,
to allocate materials and labor to construction projects which, in its sole
discretion, it deems most important to serve the needs of its customers and
delay in construction hereunder resulting from such allocation shall be deemed
a cause beyond PGandE's control.
(b) In the event that City or Owner has not completed its
obligations under this agreement within twelve (12) months following the date
of this agreement, and PGandE is unable to proceed hereunder, PGandE shall
have the right to terminate and/or supersede this agreement upon thirty (30)
days' written notice to City and Owner and calculate any refijndab1e or nonrefundable
amounts that may be due based on that portion ~of t~e distribution system then
completed, utilizing the estimated costs developed by PGandE for this agreement.
The superseding agreement, if any, shall be in the same form as this agreement,
be executed by all parties hereto and shall provide that costs be allocated
to the portion of the distribution system then completed, if any, consistent
with those costs estimated by PGandE for this agreement.
4:
5:
14. This agreement shall not be assignable, by operations of law
or otherwise, unless PGandE first consents thereto in writing and the assignee,
in writing, assumes and covenants to perform all of City's and Owner's
obligations hereunder.
15. This agreement shall, at all times, be subject to such changes
or modifications by the Commission as the Commission may, from time to time,
direct in the exercise of its jurisdiction.
IN WITNESS WHEREOF, the parties have executed this agreement
the day and year first herein written.
ATTEST:
CITY OF TIBURON,
City Clerk
By
Mayor
LEONARD CAHN and DAVID LEWIS,
By
Partner
By
~
Partner
PACIFIC GAS AND ELECTRIC COMPANY,
By
Manager, Commercial Department
6:
EXHIBIT "C"
CONVEYANCE
KNOW ALL MEN BY THESE PRESENTS, that the CITY OF TIBURON, a
municipal corporation, and LEONARD CAHN and DAVID LEWIS, a partnership,
Sellers, for good and valuable consideration the receipt whereof is hereby
acknowledged, do hereby assign, transfer, sell and convey unto PACIFIC GAS
AND ELECTRIC COMPANY, a California corporation, Buyer, the underground gas
and electric distribution facilities heretofore installed and constructed
within Miraflores Project Assessment District, pursuant to proceedings
conducted by the City Council of the City of Tiburon under Resolution of
Intention No. 919 adopted July 11, 1977, in the approximate locations
shown on the sketches hereunto annexed marked Exhibits "A" and IIB" and made
a part hereof and composed of the facilities particularly described thereon.
Leonard Cahn and David Lewis hereby covenant that they and the
City of Tiburon are the lawful owners of the aforesaid property; that said
property is free from all liens and encumbrances; that they and the City of
Tiburon have a good right to convey the same; and that they will warrant and
defend the title to said property against all claims and demands of any person,
firm, corporation or municipal or other public body or agency whatsoever.
ATTEST:
CITY OF TIBURON,
.;
City Clerk
By
Mayor
LEONARD CAHN and DAVID LEWIS,
By
Pa rtner
By
Pa rtner
1 :
THIS EXHIBIT IS NOT TO BE SIGNED
IY-,-.J..J..
..-.... ......
Paoi1lo au and Electric CompAD.v
Sua Franoisco, C&lifornil
Revised Cal. P.U.C. Sheet No. 6994-E
Canceling Revised Cal. P.U.C. Sheet No. iiii:i
RULB No. 1'.1
UNDBRGROUND BXTBNSIONS \lVJ'IHIN NBW RBSIDBNTIAL SUBDIVISIONS
- ,
~ RESIDENTIAL DBVBLOPMBNTS
Jbteoslon ot underground diatributlon Une8 at aTallable ltaDdard Toltaees neceeaar)' to furaiah per.
lllaDeDt electric lerTlee wlthlD a Dew alnale-famll)' and/or multl-famll)' rHidentlal aubdlTi8toD of aTe or
more lotI (aubdITllion) and ID a Dew ....Identtal developmeDt CO_latlq ot aTe or more dweUlq unltll In
two or more buUdlnp located on a lbaa1. Parcel of land (deY'.lopment) will be made b;r the UtlUty 10
ac!yuce of receipt of applloatlona for M"lce In accordaaoe with tile 101l0wlDa proTlalonl:
A. GNa.raJ
The Utl1lt)' will cODltruct, own, operate, and maintain uDderp'oUDd lID.. oDl)' a1on. pubUc Itreets,
road.. uullalahw..,. which the UtWt7 hu th.l..... rla'ht to OOOUP1, ..d on pubUa luda and prlTate
propert)' lIel'OM which rlahta of 1t'&;r ua4 ........ta atlafactol7 to the Utlllt)' mal' be obtalDed without
co.t or cond~DUaatlOD b)' the UtWt7.
a. 1-1111..
1. The deYe10per of the lubdlTlalon or deY.lopmeDt wW perform alllleceuar, treDaIlI.. &ILd back-
flIUUC. IDcJudlna furDlahiDa of u;r Imported INIoaIEIllIDAt.-'IaI 1'elJ1IIred. aDd wW faraJah, I_tall
aIld deed to the UtlUt;r &117 nee.....,- 4latr1baUoa AII4 feeder ooDd~t nQalred.
I. The UtlUty will complete. at Ita .~...:
&. Th. IllataUatlon of the 1UUlerpoaad 4I8trlbutl_ .... wiUaID th. ........tlal ......YIaIOII or
deY.lopJDellt, conal.ttq of PI'IDw7 ..4 MCODdar)' "'aoton. truatorm..... ... UIOClated
eq1dPlDeDt, ezoept that a~ footaae WltbID the nb4lYllloa or d....elODlD&t wW ... partial 1,
at deY81o>>.r'. ape.. In aooordaDae with 8ecUoa 0.1.
b. That porUoa of the II1I>>PI7 alrcndt wblelllDa)' ateD4 ...,.. lb. boo....... of &M ..bdlYlaloD
or d.Y81opm...t to the Ut11lt)". "'..WWIl1lPPI7 faoWu. tIIai .. DOt ID ... of 100 feet.
c. AD)' "T-,al7 f....r clrcultt wlthba Ul..aINUYIIII_...............
I. That portloD of an utellltoD to . I1IINUYiatoa 01' ~elopaeat fro. th. UtWt7'a allUna aupp1;r
!uUltI_ ill exC8R of 100 f..t o.tud. tIl. boandu'l. of . ......'ftaIoa 01' deYelop__t will be
made under<<round ID accordance with Rul. No. 16, ucept that th. free footap a1lowu08l llated
In Sections B.l.a and B.l.b ot Rule No. 16 will be reducecJ b;r 60 perceDt for thOle appllancel tn-
8taUed within the subdivision or development.
4. UnderaroUDd ..nlcel wUl be lutalled and malDtalIIed .. proTlded ID Rule No. II. O.e -"Ioe will
be In.tall.d to each separately metered bulldln..
I. Street lIahta will be tnltalled III aoaordalloe with lb. ..Pro...... tarltr 8Ched"'e.
.. The dlatrlbutlon facll1U.. will be I_tailed .. h...... ,ronded &ad will be OW'll", Operated, and
mailatalDed by the Utlllt;r.
C. .w..... ... o..Iopw
1. The d....eloper U&l1 P&7' to the UtWt7, betON the Rut of OGIIIIb1aOUOII, tIae .--"",ted 00It (UGlua,.e
ot tranaformen, meters and ..men) of the UDd..aro.... ute_on wlthlll the ..bdtdaloll or
deTeloPIlleDt, .ach pa7IDent to be 4........... u folIowa:
IL. For lubdlvlslonl, the product of '&.88 per foot Umes the total footage of property frontlna on
.t....tt wlthlD the .abdlYlatoL
b. For developments, the product ot '9.72 per foot tlmee the total foot..e of dlltrlbutlon lInel within
the d....e1opm..t.
J. If the total footac. determlDecllD SeettOD C.l.. or It aban doe. IIOt uceed th. IImlta Oated below,
the entl... amOUnt computed ID SectlOD 0.1.. or b &boTe 8IaaI1 ... . ""'.dabI. "YAIIee.
&. JI'or ..bdIYllloDl,th. Am ot 111 feet ttm. tIl. total ........ of .......faaaOJ" uul/Ol' ."U-famlb'
lotll pi.. 16 f..t Um.. the num..... of ..pentel~ ..... dwell... ulta I. __ 01 two Ia ...
multl-fuallT baUd I...
b. JI'or .deYelopm.ta, th. proda. or 71 reet UIDea u.. ....... of 41N1Uq uDlta.
I. II the total 'ootap dete....lDed Ia 8eaUoa o.La .. It ..... ..... tile lIDdta let fOl'tb ID o.J..
or b aboye, then <a) '2.38 per foot In IUbdlTlaloDB, or (b) ".08 per foot in development. for all
luch exce. foot..e _u1l be nODntundabl. and the baluaoe IIIaaU ... a retaDdable ..Y.....
4. The payment ot the portion of ..cIa adYaIlce.. the UWlt~ ..umatee w01lld ... refuIlded Wlthla IIIx
monthl ullder other proT18lou of thtl exteulon nal. may be poatpollecl for .Ix mODtlaa. proYl4_
that tbe developer turollbee to the UtUIt;r e,.ldeDoe that he h.. reoeIYed atate and local authorfa..
lIonl to proceed promptly wltb COD.tructlon and that "e h.. adequate JlnaDclne, ud proTlded
furtber that tbe developer acrees ID wrltlnc ID his contract tor the .xteDllon to pay 1m Dlec1 lately at
tbe end of 112: mODtha all amounta not prevlous.y ac!TaDced which are not theo refuDdable. At the
end of luch Ilx-month period, the deTeloper wUI pay to the UtlUt;r aU eucb amounta Dot preTloul.Y
adY&Dced which are Dot tben refalldable.
(ooaU.... )
Advice Letter No. 511-E
I )t'('iRiOll No. 76394-
II81I8d b7
w. M. Gallavan
Vi-.Prwident-Bates uad Valuation
DateFiled Sept. 15, 1975
Efl'ective October 21, 1975
ResolatioD No. E-1512
...... _.-
OriginalCal. P.U.C. Sheet No. 4650-E
P aeiflc au and Electric Compauy
San Francisco, California
RULE No. 1'.1
UNDERGROUND BXTBNSIONS WITHIN NEW RESIDENTIAL SUBDIVISIONS
~ RBSIDBNTIAL DEVELOPMENTS
(CODtiDued)
D. IWuad of AdVUlCe
TIle re1an4able adTUce determIDM III MOOI'4aIlce with Seat10n c.J or 0.' wtll be .ubJect to retund
u toUo..: .
1. To determine tile amount to be refUnded. the total refuD4able adTance will be din_eel by the total
nUlDber of <a) Iou wtWn the ..bdl-n.loD. or (b) IndIYldua1dweUln. unite within the deyeloplDent
coyered by tile UTanc.. then:
J. When <a) a butldt.... hu been completed on a lot within the nbcllTlalon and "nice I. .uDJ.uied to
the ftnt permanent cuatolDer OIl that lot, or (b) ..nice II lupplled to a perlDaDent cWltomer In a
dwellln. unit In a deTe1oplDent, that portion of the adTuee (dotermlned III accorduce with 0.1
abaTe) appropriate to aald lot or dw.lllq unit will be refunded < or credited to the developer'B
account If the uyanM haa bMD poatponed III accordance with Section C.4 aboTe).
I. When <a) bulldlDp haft bed OOIIlPllted III '0'" of the total number of loti within the lubdlvtsloll
and Hrvlee III lupplled to at l..t one permanent cu.tomer In each of luch bulldlnp. or (b) all
bulldlnp haTe been completed ID the deTelopment ud MrTlce luppUed to 90% of the dwelHne
unite, any remunder of the adTaDee will be refuDded.
4. All refundl will be made promptly and without In18....t. but not later than .0 da'l atter eUctbU1ty
for refund II eltabUahed under SectlOIl8 Dol or D.I above.
I. III the nent that aD.,. portlOD of all -''faD" baa Dot QuaUle4 for refund at the en4 of 1J months
atter oompleUoll ot the udel"ll'01Uld ate_on. the 4neloper wtll pay to the Utll1t11ta ownership
CMtl on that portion of the ad'nllce for which no refuD41 haTe been made or are eU.lbl. to be
made. The oWDenhlp coati lball be eQaal to "''' per month of the durerenee betwMn the total
amount adTaDce4 and any Nttandl made or eUllble to be made to the deyeloper.
Payment of nch ownenlllp CCMIta will Dormally be made b1 deduction from the deTeloper'1 advance.
but IUch 4eductlon wW ut ...... the amount OD which the coat of ownenlllp char.. II bued.
.. No ~eDt will be ..... _ tile VtIlJtJ' III uoe. of tile rettaD4abl. amoant adTueed b, the de-
Teloper nor after a period of 10 ,..... from the date the UUllt111 Int read, to render .."tee from
the eneuloa.. ud aD,. WlNfaDCled amount remalDlnc at the end of the 10-,ear period wlU become
the property of the DUm.,..
B. Special Coedidoae
1. CoaIndI
DeTelopen requeltlnl an uadeJ'l'l'Ound at8D1l.,. wltblD a r.14eDtla1 lubdl.llton or oth.r rell-
denUal deTelopment In ad?allce of application I tor ..nice will be required to execute written con-
tract. eOTerlnl the terms under which the Utlllty will Inltall the underaround estenllon. and
written contract. cm-erlnl Un. esten810nl for which adTancea or paymentl will be made In accord-
ance with the provlllona of the tariff Ichedulel. Such written contrnctl mall be In the form on
ftle with the Public Utllltl_ ColDJDlulon .. part of the Utlllt,'1 effective tarur achedulel.
J. Perio41e___
The Utility will renew lu cOIIta of conatnlctlon of un4.l'II'ound line enenllonl aDnuall, and 8h~' 11
prepare a contemplated tariff reTlllon when luch coate haTe chanpd by more than 10 percent sin "l
the 1ut reYlaloa of the coati _t forth ID Section C. aboTe. 4. cODtemplated revS.lon thall be sUo-
mltt.ed to the Com million for renew In propOHCl form not I... than 30 d..,1 prior to any contem-
plat" IlInl date.
.. .... ..........., ill ..-
A.m_1da ........ ..... tIae _4It.,.. _tabUllJaed by a nle prmoul,ID etreat will be refunded
1D uool'daDoe with tM ......,..... of ..... raI&
4. 88 J t'w..1 C-
ID allu.&1 clrauaW1\I- ,,~a. ...u-tleD of th_ ~ ....... Im>>rutlaal or UDjUlt to
eltla.. part7. tile Utlllt".. """llIJ. .., refer tile ... to the Public Uttlltl. OollUDllllon for
.,.atal nit.. or tor the ......... or apeaJal coDdlU.. widell JD&J' be mutaall,. ...-4 UpoD. prior
to commeaallla eoMtrMttOD.
Ad"'. Letter No. ~51-E
Deel8iOD No. 7889.-
IlIUed br
J. F. Roberta, Jr.
Vioe-Pre.idat-BateI aDd Valuation
Date Filed December "', 1969
Effective December 9, 1989
RelOlution No.
j
""'"
79-211
&2'620. NO. 62
z
Pacific Gu and Electric Company
San Francisco, California
Re\"ised Cal. P.D.C. Sheet No. 1000G-G
Canceling Hevised Cal. P.D.C. Sheet No. 9316.U
GAS
RULE
MAIN
NO. 15
EXTENSIONS
Extensions ot gas distribution mains necessary to furnish permanent gas service to applfcants will
be made by the Utility in accordance with the following provisions:
A. General
Tho Utility will construct. own, operate and maintain gas distribution main extensIons only along
public streets. roads and hig-hways which the Utility has the legal right to occupy, and on public
Jands and private property across which rights of way satisfactory to the Utility may be obtained
without cost or condemnation by the Utility.
l
B. Free Extensions to Individual Applicants for Priority PI Service
1. Frt'e Footage Allowances
Gas main extensions will be made by the Utility at its own expense provided the length of main
required does not exceed the tree length as determined from the following allowances:
a. ResidentIal Use
For space heaUng equipment:
For the first 10,000 Btu per hr. input capaclty.................__..........._.........__..._........... 7 teet
Additional. per 10.000 Btu per hr. input capacity..........................................._............... 6 feet
Fo r eac h ~a s ra n ge cu s to mer.... ....... ................................ ...................__................................50 fee t
For each automatic storage type gas water heater cutomer..............m...m...._.........80 reet
For each g-as refrigerator customer ............................................._m..................................1 0 reet
For each gas cloth es dryer customer ..........................................................................._...10 feet
For air conditioning equipment of 10,000 Btu per hr. Input capa.city or .
more. per 10.000 Btu per hr. input capacity............................._...................................20 feet
For each swimming pool h ea. ter custom er....._mm......................._..................................20 fee t
b. Use other than Residential
For space heating equipment:
For the first 10.000 Btu per hr. input capacity..............m.................._....m......._......... 7 reet
Additlonal, per ]0,000 Blu per hr. input capacity........................................................ 5 feet
For cooking. per 10.000 Btu per hr. input capacity........................................................ 7 feet
For incidental domestic water heater or refrigerator on commercial premises
the a1Jowanccs ot B.1.a. apply.
For nll other equipment of 10,000 Btu per hr. input capacity or more, per
10,000 Btu per hr. input capacity........._........_...._........_............_.................._...._._....20 feet
2. Conditions
a. Seasonal, Intermittent and Standby Service
When an applicant will use gas service in establfshments occupied seasonally or intermittently,
as in seasonal resorts. cotta~es or other part.year establishments. one halt or the allowance
provided above wUl apply. No a1Jowance w11l be made for equipment used for standby or emer.
gency purposes only.
b. Length and Location
The length of main required for an f:'xtenslon wlJI be considered as the distance along the short-
est practical route, as determined by the UtJlJty, trom the UtiUty's nearest distribution main.
3. Main Extensions Beyond the Free Length
a. Advances
(1) Extensions of mains beyond the free length w11J be made by the Utility provided applicants
for such extensions advance to the Utility $2.95 for each foot of main in excess of the free
length. Such extensions w111 be owned, operated and maintained by the Utility.
(2) In cases where more than one applicant ia to be served trom the same extension. the total
(ree length thereof will equal tbe sum of the individual a]]owances made to each applicant
as computed in accordance with Section B.1. Tbe amount to be advanced by the members
of the group ahall be apportioned among them In such manner as they shall mutually
agree upon.
~
(continued)
.
Ad,.jce Letter No. 825-G
DccisiollS Nos. 85189 & 86357
Issued by
W. ~f. Gallayan
Date Filed September 22, 1976
!ffective ...0rtnhPr 1 J lq76
Vi"(l_Pr('~irl,..111_"R..d,,c. 0.,,1 ';nl..n~;n~
1-' L--L..L
eZ-1520tl NO. 113
Pacifio Gas and Electric Company
San Francisco, California
Revised Cal. P.D.Q. Sheet No. 10007-G
Canceling Revised Cal. P.D.C. Sheet No. 9317-G
~
~
f
RULE NO. 15
GAS MAIN EXTENSIONS-Contd.
B. Free Extensions to Individual Applicants (or Service--Contd.
3. Main Extensions Beyond the Free Length--COntd.
b. Method of Refund
The amount advanced in accordance with Section B.3 bereof wfll be subject to refund as
follows:
(1) Refunds of an advance will be predicated on connection of separately metered permanent
Priority PI load and/or customers; will be made without interest; and wlll be made
within ninety days after date of first service to such load and/or customer. except that
refunds may be cumulated to $25.00 minimum or the total refundable balance if less than
$25.00 before each refunding.
(2) For such load and/or customer the Utility will refund an amount based on the footage that
the allowable free length under Section B exceeds the length of main Ot any) required to
serve, multiplied by the unit cost per foot specified in Section B.3.a. (1) applicable at the
time the extension was originally constructed.
(3) Refunds also will be made for the appliances and the load specified in Section B.l perma-
nently installed in excess of the load contracted for originally, when added within one year
of first taking service. Such refund will be made within ninety days after the Utility re-
ceives notice of the addition by the customer.
. (4) Where there is a series of extensions. on any of which an advance is still refundable. and
the Utility makes succeeding free extensions with excess allowances or where additional
load or customers connect to succeeding extension, refunds will be made to repay in turn
each of such advances which rema.in refundable beginning with the first in serics from the
original point of supply.
(5) When two or more parties make a joint advance on the ~ame extension, refundable amounts
will be distributed to these parties in the same proportion as their individual advances bea.r
to their total joint advance.
(6) No payment will be made by the UtilIty in excess of the amount advanced by the applicant
or applicants after a period of ten years from the date the Utility ia first ready to render
service from the extension, and any unrefunded amount remaining at the end of the ten-
year period will become the property of the Utility.
.~
,
~
C. Main Extensions to Serve Subdivisions, Tracts, Howing Projects and Multi-Family Dwellings
1. Ad va nces
Gas distribution main extensions to and/or in subdivisions, bousing projects. and multi-family
dwellings will be constructed. owned and maintained by the Utility in advance of applications
for service by ultimate users only when the entire estimated cost of such extensions, as deter-
mined by the Utility, is advanced to the Utility; however, the paymcnt of the portion of such
advance as the Utility estimates would be refunded within six months under other proYisiong
of this extension rule shall be Jostponed for six months if the subdivIder-builder furnishes to
the Utility evidence that he has received state and local authol"izattons to proceed promp.t.ly with
construction and tbat he has adeQuate financing, and provided further that the subdivider-build-
er agrees In writing in his contract for the extension to pay immediately at the end of six months
all amounts not previously advanced which are not then refundable. At the end of such six-
month period, the Utility shall collect all such amounts not previously advanced which are not
then refundaole.
2. Method of Refund
The amount advanced in accordance with Sections C.! hereof wlll be subject to refund as follows:
a. Refunds of an advance wJJl be predicated on connecUons of separately metered pennnnent
Priority PI service load and/or customers; wlll be made without interest; and will be made
within ninety days after date of first service to such load and/or customer, (>xcept that re-
funds may bo cumulated to $25.00 minimum or the total refundable balance if less than $25.00
before each refunding.
(continued)
~
Adyjcc LC'ttcr :0:0. R~;)-r.
nl~cisiolls Nos. 8518~1 & 8G3:JI
Issued hy
W. 1\1. Gnllnvan
Vice-President-Rates and Valuation
Date Filed September 22, 1976
Effective --OCtober 1, 1976
H.rsolutioll No.
79-211
82.82011 NO.8.
Pacific Gas and Electric Company
San Francisco, California
Rcvised Cal. P.D.C. Sh('('t No. ] OOOR-G
Canceling Rcvised Cal. P.U.C. Sheet Ko. 931B-G
GAS
RULE NO. 15
MAIN EXTENSIONS-CoDtd.
C. Main Ext(>tUiona to Serve Subdivisions, Tracts, Hou.ing Project. and Multi.Family DweUings--CoDtd.
2. Method of Refund-Contd.
b. For such load and/or customer the Utmty wfl] refund an amount based on the footage that the
allowable free length under Section B exceeds the length of main (if any) required to serve.
multiplied by the unit cost per foot sp\)cified in Section B.3.a.(1) applicable at the time the
extension was originally constructed.
c. Refunds also will be made for the appliances and the load specified in Section B-l permanently
installed in excess ot the load installed originally when added within one year of first taking
service. Such refunds wUl be made within ninety days atter the Utility receives notice of the
addition by the customer.
d. Where there is a series ot extensions, on any of which an advance is still refundable, and the
Utility makes succeeding freo extensions with excess allowances or where additional load or
cllstomers connect to succeeding extensions, refunds will be made to repay in turn each of such
advances which rcmain refundable beginning with the first in series from the original point of
8upply.
e. When two or more parties make a joint advance on the same extension, refundable amountfi
will be distributed to such parties in the same proportion as their individual ad,.anceH bear to
the total joint advance.
f. No payment will be made by the Utility in excess of the amount advanced by the applicant or
applicants nor aftcr a period of ten years from the date the Utility Is first ready to render sen',
Ice from the extension, and any unrefunded amount remaining at the end of the ten.year period
wlll become the property of the Utility.
'",--
3. Extensions to Serve Individuals
&. Extensions to serve individual applicants for service In real estate subsdivisions wfll be made
in accordance with Section B hereof.
D. Main Extensions to Applicants for Other than Priority PI Service.
Extensions of distribution mains and/or enlargements of existing distribution main capacitieH to
furnish service other than Priority Pl service will be installed. owned, aud maintained by the Utility
provided: (1) in the Utility's opinion, adequate supplies of gas are, and will continue to be available
for Priority PI service. and (2) the cost of such extension and/or enlargement docs not exceed one
times the estimated annual revenue as determined by the Utility. Any additional extension and/or
enlargement required will be installed, owned, and maintained by the Utility provided the applicant
pays to the Utility an amount of money equal to the estimated cost of that portion of such extension
or enlargement necessary to supply the applicant's load in excess of that installed at the Utility's
expense. The amount 80 paid will be subject to refund in accordance with Section B.3.b. herein. Tbe
Utility will require each appltcant to execute an appropriate contract in the form which is on file
with the Public Utilities Commission as part of the Utility's effective tariff schedules. The Utility
wUl install, own, and maintain the neces!;ary service regulators, meters, and services all in accord.
ance with the provisions of Rules Nos. 16 and 20.
.
(continued)
Ad viee IJettcI' No, R~;,-G
n{'cisions Nos. 8:ilH!1 &, H(l~57
Issued by
W. M. Gallavan
Vice-President-Rates and Valuation
Date Filed September 22, 1976
Effectivc October 1, 1976
Resolution No.
79-211
sa-8aos NO. ell
Pacifio G&8 and Electric Company
San Francisco, California
Revised Cal. P.D.C. Sheet No. l0009-G
Canceling Revised Cal. P.D.C. Sheet No. 5523-G
~-
RULE NO. 15
GAS MAIN EXTENSIONS-Contd.
B. Special Conditions
1. Contracts
Each appHcant for service and persons requesting an extension in advance of applications for
service will be required to execute contracts covering the terms under which the Utflfty will in.
stall mains at itR own expense or contracts covering main extensions for which advance deposits
will be made in accordance with the provisions of the tariff schedules. Such contracts shall be in
the form on file with the Public Utilities Commission as part of the Utility's effective tariff
schedules.
'I'hese contracts wIll provide, among other things, that applicant wiJJ insta)], commence using
in a bona fide manner within six montbs after the date of the completion of the main extension
and continue to so use for a period of three years, those appliances and Items on which the
Utility's allowances are based. Such contract will also provide that if any applicant fails to take
service or falls to install one or more of the appliances or items contracted for, the Utility may
calculate and bill the customer and the cllstomer shall pay an amount according to the Utility's
main extension rule in effect at the time the extension was made as thoug-h service had been reo
quested on the basis of the actual appliances and equipment installed and utilized.
2. Periodic Review
The Utility wIll review its costs of construction of main extensions annually and shall prepare a
contemplated tariff revision when such costs have changed by more than ten percent since the
last revision of the charge for excess footage as used in Section B.3. Contemplated revisions RhaIl
be submitted to the Commission for review in proposed form when prepared and not lesR than
thirty days prior to any contemplated filing date.
3. Alternative Routes
Whore applicable laws or regulations prevent the utilization of what otherwise would be the
shortest practicable route for main extensions for the purpose of delivering gas service to the
applicant, the applicant shall, subject to the provisions of this rule, provide the Utility an alterna-
tive right of way satisfactory to it.
4. Rules Previously in Effect
Amounts advanced under the conditions established by a rule previously in etTect will be refunded
in accordance with the requirements of such rule.
t
s. Temporary Service
Extensions for temporary service or for operations of a speculative character or of a questionable
permanency will not be made under this rule, but wfll be made in accordancewitb the rule per-
taining to temporary service.
6. Service front High Pressure Tranami..iona Mains
The Utility w1ll tap a gas transmission main only where conditions in its opinion justify such a
tap. The facfllties which constitute a transmission tap are dependent upon the size of the load.
pressure, and location of the tap, and will normally consist of a tap valve or Mueller tee. one or
more stages of pressure regulation, pressure relief nnd shut off facilities plus a liquid separator or
filter and heat.er or dehydrator if required. The estimated installed cost of such facilities will be
converted to equivalent main extension length by dividing such cost by the price per foot speci-
fied in Section B.3.a. (1) hereof. The equivalent length 80 obtained will be added to the length of
new main extension, H any, required to determine the total main extension length to which the
regular provisions of this rule w111 then be applied.
7. Exceptional Cues
In u!lusual circumstances, when the application of this rule appears Impractical or unjust to either
party, the 'Utillty or the applicant shall refer the matter to the Public Utilities Commission for
special ruling or for the approval of special conditions which may be mutually agreed upon, prior
to commencing construction.
(continued)
Issued by
W. M. Gallavan
Vice-President-Hates nnd V uluation
Date FiledsePternber 22, 1976
Effective October 1 1976
..------. ,
Resolution No.
Advice Letter No. 825-G
Decisions Nos. 85189& HG357
79-211
.:t-GaOIl NO. oe
Pacific Gas and Electric Company
San Francisco, California
Reyised Cal. P.D.C. Sheet No. lOOlO-G
. Canceling Hc\'ised Cal. P.D.C. Sheet 1\0. 5527 -G
RULE NO. 15
GAS MAIN EXTENSIONS-Contd.
(
F. Dcnnitioru
Applicant: A person or agency requesting the Utility to supply gas service.
Application: A written request to the Utility for gas service as distinguished from an inquiry as to the
availability or charges for such service.
Branch Service: A service that is not connected to a gas main and has as its source of supply another
service.
Company: (See Utility)
Company's Operating Convenience: The term refers to the utilization. under certain circumstances, of
faclllties or practices not ordinarily employed which contribute to the over-all efficiency of the
Utility's operations; it does not refer to customer convenience nor to the use or facilities or adoption
of practices required to comply with applicable laws, ordinances, rules or regulations, or similar re-
quirements of public authorities.
Family Dwelling Unit: A group of rooms; such as a house, a. fiat, or an apartment which provides complete
family living facilities in which the occupant normally cooks meals, eats, sleeps, and carries on the
household operations incident to domestic life.
Housing Project: A building or group of buildings located on a single premises and containing residential
dwelling units for which master metering of gas service at one location has been requested.
IntE:rmittcnt Service: Service which, in the opinion of the Utility, is subject to discontinuance for a time
or at intervals.
Main Extension: The length of main and its related facilities requIred to transport gas from the existing
facilities to the point of connection with the service piping.
Permanent Service: Service ,,,hich, in the opinion of the Utility, 1s of a permanent and established charac.
ter. This may be continuous, intermittent, or seasonal in nature.
Premises: All of the real property and apparatus employed in a single enterprIse on an integral parcel of
land undivided, excepting in the case of industrial. argicultural, oil field, resort enterprises and
public or quasi-public institutions, by a dedicated street, highway or other public thoroughfare or a
ra1lway. Automob1le parking lots constituting a part of and adjacent to a single enterprise may be
separated by an aIlE'Y from the remainder of the premises served.
Priority: See TIule No. 21.
Public Utilities Commission: The Public Utilities Commission of the State of California.
Residential Use: Gas service for use at family dwelling premises.
Rules: Tariff sheets vihich set forth the application of all rates, charges, and service when such appHca-
bility is not set forth in and as a part of the rate schedules.
Seasonal Service: Gas service to establishments which arc occupied seasonally or intermitten tly, such as
seasonal resorts, cottages or other part-time establishments.
Service Pipe: All pipe, valves, and fittings from and including the connection at the main up to and in-
cluding the stop-cocle on the riser.
Service Pipe E,,:tension: Consists of the service as above defined when provided for a new customer at a
premises not heretofore served in accordance with the service extension rules.
Stub Service: A lateral pipe, including valves and fittings, from nnd including the connoction at the main
to a dead end near the curb or property liue of the street in which the main is located.
Tariff Schedules: The entire body of effective rates, rent.als, charges, and rules, collectively, of the
Utility, as set forth herein. and including title page, preliminary statemeut. rate schedules, rules and
sampio forms.
Tariff Sheet: An individual sheet of the tariff schedule.
Temporary Service: Service for enterprises or activities which are temporary in character or where it is
known in advance that service will be of. limited duration. Service which, in the opinion of the
Utility, is for operations of a speculative character or the permanency of which has not been es-
tablished, also is considered temporary service.
Tract or Suhdivision: An area for family dwellings which may be identified by filed subdiyision plans or
as an area in which a group of dwellings may be constructed abo.ut tlle same time, either by a. large
scale builder or by several builders working on a coordinated basis.
Utility: Pacific Gas and Electric Company.
\
"-
--
Advice Letter ::\0. 82fl.0
Decisions Kos. 851H9 & 8G357
Issu~cl by
\V. JL Ga]lnynn
Yicc-Prcsic1cnt-Hntcs and V (llnn1 ion
Date Filed September 22, 1976
Effective October 1, 1976
Resolution No.
(Miraflores Project Assessment District, City of Tiburon, Marin
County, California)
RESOLUTION NO. 934
A RESOLUTION APPROVING AND AUTHORIZING EXECUTION
OF AGREEMENT
RICHARDSON BAY SANITARY DISTRICT
RESOLVED by the Sanitary Board of the Richardson Bay Sanitary
District, County of Marin, State of California, that that certain Agree-
ment by and between said Sanitary District and the City of Tiburon,
a municipal corporation, relating to the construction of a system of
sanitation facilities in the City of Tiburon's Miraflores Project
Assessment District, a copy of which has heretofore been presented to
this Board, be, and it is hereby, approved.
BE IT FURTHER RESOLVED that the President of said Sanitary
District be, and he is hereby, authorized and directed to execute said
Agreement, and the Secretary of said Board be, and he is hereby, author-
ized and directed to countersign said Agreement and affix thereto the
corporate seal of said District.
*
*
*
I HEREBY CERTIFY that the foregoing is a full, true and correct
copy of a resolution duly and regularly passed and adopted by the Sanitary
Board of the Richardson Bay Sanitary District, Marin County, California,
at a meeting thereof held on the 16th day of AUGUST , 1977, by the
~o11owing vote, to wit:
AYES: Members:
de La Fontaine, Willat, Radovich
NOES: Members:
Buchanan, Winkelman
ABSENT: Members:
NONE
$1;D: ~
'. A/
~Si t . ~
adovich, ecretary, Richardson Bay
District, Marin Cou~ty,~alifornia
. .f','./'. "
\~\{ ,.
l,~, '."'''. ;~~y'
A G R E E MEN T
---------
FOR CONSTRUCTION AND INSTALLATION
OF SANITARY SEWERAGE IMPROVEMENTS
MIRAFLORES PROJECT ASSESSMENT DISTRICT, CITY OF TIBURON,
MARIN COUNTY, CALIFORNIA
THIS AGREEMENT, by and between the RICHARDSON BAY SANITARY
DISTRICT, a public corporation, Marin County, California, hereinafter
called "District," and the CITY OF TIBURON, a municipal corporation,
Marin County, California, hereinafter called "City";
WIT N E SSE T H :
1. The public interest and convenience require the acquis-
ition, construction and installation by City, and maintenance, operation
and use by District, of sanitary sewer facilities and appurtenances
necessary and convenient for the providing of sewer service in and for
the area of the City's Miraflores Project Assessment District. It is
proposed that said facilities be acquired, constructed and installed
by City pursuant to special assessment district proceedings undertaken
by City pursuant to the Municipal Improvement Act of 1913, and that
after such acquisition, construction and installation by City, owner-
ship of said facilities shall vest in District, and the providing of
sewer service within said territory shall be under the management and
control of District.
Therefore, pursuant to the provisions of the Municipal Improve-
ment Act of 1913, and particularly Sections 10109 through 10111 thereof,
the parties hereto have entered into this Agreement.
The assessment district proceedings referred to are desig-
nated as the Miraflores Project Assessment District, City
-1-
of Tiburon,
p~~~::~~~;~ k~' ~ :
~O~.G1NL4t
Marin County, California.
2. Tentative improvement plans and specifications for said
sanitary facilities have been prepared by the Engineer of Work appointed
by City in said proceedings. Said plans have been submitted to and
approved by the District. It is agreed that all of said work shall be
installed in accordance with full and complete final improvement plans
and specifications to be approved by the District, prior to commence-
ment of construction, and that said tentative improvement plans and
specifications are hereby approved by District. Following approval of
the final plans and specifications, no changes ln said final improve-
ment plans and specifications may be made without the prior written
consent of District.
3. Said sanitary sewer facilities shall be constructed by
City as herein provided at its sole cost.and expense and at no cost
or expense to District, and City further agrees that it will pay to
District any and all costs incurred by it in connection herewith includ-
ing, but not limited to, engineering, administration, legal, supervision,
and inspection. Said costs shall be paid by City to District upon
demand by District.
4. District may at all times maintain an inspector over the
work of installation of said sanitary facilities to see that District's
requirements have been met and that plans and specifications have been
complied with, and the City and its engineers shall cooperate with
the District's inspector, or inspectors, in the duties incident to
design or construction. After completion and acceptance of the work,
City will cooperate with District in the enforcement of any guarantee
made by the contractor in contractor's agreement to perform the work,
and shall cause said contractor to name the District as additional
-2-
obligee on an acceptable surety bond guaranteeing against defective
materials and/or workmanship for a period of two (2) years from and
after the completion and acceptance of the work.
5. Whenever mains, facilities and appurtenances to be con-
veyed hereunder are not installed in dedicated streets or highways,
City shall provide or cause to be provided the necessary rights of
way and other property necessary to accommodate said work and improve-
ments, and where said easements or property are required exclusively
for sewer mains or facilities, or where required by District, City
shall require the execution and delivery to District of appropriate
instruments of transfer and such other documents as District may require
to convey to District said rights of way and other property.
6. City shall require that the contractor performing the
work of construction of said sanitary facilities name the District as
additional obligee on labor and material and faithful performance bonds,
in the sum of the bid for such work and shall require said contractor
to name the District as additional insured on certificates of insur-
ance, which said insurance shall protect the District, its officers,
agents and employees against any claims of any nature.
7. After the work has been completed and the facilities have
been accepted by the District, all the sanitary sewer facilities and
appurtenances so installed shall be the property of District and part
of its system and thereafter District may make extensions therefrom
and install services thereto at any points thereqn. They shall be
operated, maintained and managed by District as part of such system
under the rules and regulations and subject to the rates and charges
of District from time to time established.
It is agreed that full right, title and interest in and to
-3-
said sanitary sewer facilities installed pursuant hereto is hereby
granted to District, subject to the condition precedent of connection
of said sanitary sewer facilities with the sanitary sewerage system
of the District, and written notice of acceptance thereof by District.
There shall be no obligation upon District to payor reimburse to City
any part of the costs of said sanitary sewer facilities. City agrees
to furnish District, in duplicate, with "as-built drawings" of the
completed installation of said sanitary sewer facilities before final
acceptance of same by District.
City further agrees that it will deliver, or cause to be
delivered, Deeds of Conveyance of said facilities to District in a form
satisfactory to District.
8. District shall not be obligated to extend, without charge,
its mains and facilities within the boundaries of the territory of said
Miraflores Project Assessment District and any future extension of mains,
facilities and appurtenances beyond those specifically set forth in the
plans a~d specifications shall be under the rules and regulations and
subject to the rates and charges from time to time established by
District.
9. City agrees to and shall defend and" hold harmless District,
/r~D JJJI>EfJt;/J7)lfTNT &:"vSlJLt/AJ4- eNtJ-tll6"G~ J'P
its officers, agents and employeesfifrom any suits or actions at law~~
in equity which may, for any reason, be brought against District a~
result of City's special assessment district proceedings herein referred
to.
10. This agreement shall become effective when funds are
available to carry out the terms hereof pursuant to sai~ special
-4-
assessment proceedings hereinabove referred to.
DATED: ~,/,&, , 1977.
RICHARDSON BAY SANITARY DISTRICT, a public
corporation
COUNTERSIGNED:
BY~ ;fl.&~
Secretary
By@Jf?~~
(SEAL)
CITY OF TIBURON, a municipal corporation
By
ATTEST:
ROBERT L. KLEINERT
City of .b
(SEAL)
-5-
(Miraflores Project Assessment District, City of Tiburon,
Marin County, California)
RESOLUTION NO. 933
RESOLUTION AUTHORIZING CHANGES IN THE WORK TO BE MADE BY
THE ENGINEER OF WORK OF MIRAFLORES PROJECT ASSESSMENT DISTRICT
BE IT RESOLVED by the City Council of the City of Tiburon, Marin
County, California, as follows:
The Engineer of Work without further authorization of the City
Council is hereby authorized to order changes in the work to be done
in Miraflores Project Assessment District, City of Tiburon, Marin County,
California, under the following conditions:
To correct clerical and technical errors in the plans;
To modify the design of the project wherever good engineering
practice indicates that the modification should be made;
To adjust the design of the project to utility locations, soil
conditions, and other field conditions which were unknown or
uncertain at the time the plans were prepared.
However, the Engineer of Work shall not be authorized to approve
change orders resulting in the increase in construction costs aggregating
more than the amount of contingencies provided for in the Amended Engi-
neer's Report heretofore approved by this City Council.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Tiburon on August 22, 1977, by the following vote:
AYES:
COUNCILMEN: ARAMBURU, EDELSTEIN, ELLMAN, ROSS
NOES:
COUNCILHEN: NONE
NONE
ABSENT:
ABSTAIN:
COUNCILHEN:
COUNCILMEN:
TAYER
/~
0, "'1#-1'" .~'
,,,"~jJ r; ~ ~- ;~, ~.
~ . ~ ~. ,. \' ......._ t
. ,,;, ...."r4 ., ",':" - F~
(Miraflores Proiect Assessment District, Citv of TiburoI.
- Marin County, California'
RESOLUTION NO. 932
RESOLUTION AND ORDER APPROVING AMENDED ENGINEERtS REPOR:
ORDERING CONSTRUCTION OF IMPROVEMENTS AND ACQUISITIONS ANL
CONFIRMING ASSESSMENT
WHEREAS, on the 11th day of July, 1977, the City Council of tn~
City of Tiburon, Marin County, California, adopted its Resolution 0=
Intention in Miraflores Project Assessment District, Citv of TiburoDi
Marin County, California, for the construction of improvements and acquis-
itions in said assessment district and referred said proposed improvements
and acquisitions to GONZALEZ & OBERKAMPER CIVIL ENGINEERS, INC., Engineer
of Work for said assessment district; and
WHEREAS, on the 11th day of July, 1977, the said GONZALEZ & OBERKAMPER
CIVIL ENGINEERS, INC., Engineer of Work, filed an Engineer's Report, Assess-
ment and Assessment Diagram in accordance with said Resolution, and said
Engineer's Report was presented to the City Council of the City of Tiburon
for consideration; and
WHEREAS, on the 11th day of July, 1977, the City Council of the City
of Tiburon preliminarily adopted said Engineer's Report and fixed Monday,
the 22nd day of August, 1977, at the hour of 7:30 o'clock P.M. of said
day at the meeting place of the City Council of the City of Tiburon,
located in the City Hall, 80 Main Street, Tiburon, California, as the
time and place for hearing protests with relation to said proposed improve-
ments and acquisitions; and
WHEREAS, pursuant to said Resolution of Intention hereinabove men-
tioned, a Notice of Improvement was duly published, posted and mailed,
giving notice of the time and place of hearing on said Report; and
WHEREAS, on the 22nd day of August, 1977, said hearing was held; and
WHEREAS, on the 22nd day of August, 1977, the City Council of the
City of Tiburon directed the Engineer of Work to file an Amended Engineer's
Report; and
WHEREAS, on the 22nd day of August, 1977, the Engineer of Work filed
with the City Clerk of the City of Tiburon an Amended Engineer's Report;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Tiburon, Marin County, California, that this Council does hereby find,
determine and order as follows:
1. That the district benefited by said improvements and acquisitions
and to be assessed to pay the costs and expenses thereof, is more par-
ticularly described in the Resolution of Intention hereinabove referred
to and made a part hereof by reference thereto. Said Resolution of Inten-
tion also excepts from the district to be benefited the area of all public
streets, avenues, Janes, roads, drives, courts, places, public parks, and
all easements and rights of way therein contained belonging to the public,
and also all property owned by the City of Tiburon, the County of Marin,
the State of California, or the United States of America, contained
therein, now in use in the performance of a public function.
-1-
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2. That the plans and specifications for the proposed improvements
and acquisitions be, and they are hereby, finally adopted and approved
as the plans and specifications to which said work shall be done as called
for in said Resolution of Intention.
3. That the work and improvements to be made, as described in th~
Resolution of Intention and the Amended Engineer's Report on file with
the City Clerk of the City of Tiburon are hereby approved, and all of
the matters contained in said Amended Engineer's Report are approved anc
confirmed. The City Council of the City of Tiburon further finds that the
public convenience and interest require, and hereby orders the improve-
ments to be made as described in and in accordance with said Resolution
of Intention a nd said Affiende.d Engineer's Report. Reference to both the
Resolution of Intention and the Amended Engineer's Report is hereby made
for a more particular description of the work and improvements herein
approved, confirmed and ordered.
4. That the amount to be assessed against each of the parcels or
subdivisions of land shown on the Amended Engineer's Report does not
exceed 75% of the market value of each of the properties assessed after
the construction of improvements; that the appraisal of the Inarket value
of the properties to be assessed on file in these proceedings is hereby
adopted as the market values of each of said parcels.
5. The City Council of the City of Tiburon does hereby levy and
apportion upon each and every lot, piece and parcel of land within the
boundaries of the assessment district the amount by which each of said
lots, pieces or parcels of land is benefited by the improvements and ac-
quisitions. The amount of the assessment which is levied and apportioned
upon each and every lot, piece and parcel of land within the boundaries
of the assessment district is as shown on the assessment attached to and
made a part of the A.mended Engineer's Report adopted by this Resolution.
The City Council of the City of Tiburon hereby finds and determines that
each of said lots, pieces or parcels of land within the boundaries of
said district is benefited in the amount and in the proportion of the
total cost of the improvements and acquisitions, plus incidental expenses,
which each of said lots, pieces or parcels of land has been assessed in
said Amended Engineer's Report.
6. Collections of assessments shall be made by the County Treasurer
of the County of Marin, State of California.
7. In the event any surplus remains in the Improvement Fund after
the completion of the improvements and the payment of all claims from
the Improvement Fund, said surplus shall be distributed in accordance
with Section 10427 of the Streets and Highways Code.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Tiburon on August 22, 1977, by the following vote:
AYES:
COUNCILMEN:
ARAMBURU, EDELSTEIN, ELLMAN, ROSS
NOES:
COUNCILHEN:
NONE
ABSENT:
ABSTAIN:
COUNCILHEN:
COUNCILMEN:
NONE
TAYER
r:i
(]
./J ~~~
.C/ VI U
UCE ROSS, Mayor,
y of Tiburon
-2-
~~,."
Ik-fIIt.
(Miraflores Project Assessment District, City of .Tiburon,
Marin County, California
RESOLUTION NO. ~3l
RESOLUTION AMENDING AGREEMENT BETWEEN THE COUNTY OF MARIN
AND THE CITY OF TIBURON WITH REGARD TO BOND SERVICE CHARGES
WHEREAS, on the 26th day of February, 1968, the County of Marin,
State of California, entere6 into an Agreement with the City of Tiburon,
in which it was established that the County agreed to act as Paying
Agent for all bonds issued by City pursuant to the Improvement Act of
1911; and
WHEREAS, said Agreement provided that the City would pay to the
County the sum of $20.00 per bond for each bond so serviced by County;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Tiburon, Marin County, California, that said Agreement dated February 26,
1968, be, and it is hereby, revised as follows:
1. City shall pay to County the sum of $50.00 per bond for
each bond serviced by County.
A copy of said Agreement dated February 26, 1968, is attached hereto
as "Exhibit A."
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Tiburon on August 22, 1977, by the following vot~:
AYES:
COUNCILMEN: A RAHBURU, EDELSTEIN, ELLMAN, ROSS
NOES:
COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE
ABSTAIN: COUNCilMEN: TAYER
~'czl /dl/%J€vJ<:j
ROSS, Hayor,
f Tiburon
AT~
R. . L ~~Clerk
': ~
. .. :. ~. :J :.~ a.
(Miraflores Project Assessment District, City of Tiburon,
Marin County, California)
RESOLUTION NO. 929
RESOLUTION DIRECTING FILING OF AN AMENDED ENGINEER'S REPORT
AND ASSESSMENT
WHEREAS, on the 11th day of July, 1977, the City Council of the
City of Tiburon, Marin County, California, preliminarily adopted the
Engineer's Report and Assessment, filed pursuant to Resolution of Intention
in Miraflores Project Assessment District, City of Tiburon, Marin County,
California; and
WHEREAS, since the filing of said original Engineer's Report and
Assessment, bids have been received showing a different construction cost
than set forth in said original Engineer's Report;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Tiburon, Marin County, California, that the Engineer of Work be, and they
are hereby, directed to file an Amended Engineer's Report and Assessment
to conform to the low bid received for said work and improvement.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Tiburon on August 22, 1977, by the following vote:
AYES: COUNCILMEN:
Aramburu, Edelstein, Ellman, Ross
NOES: COUNCILMEN:
NONE
ABSENT: COUNCILMEN:
NONE
ABSTAIN: COUNCILMEN:
TA YER
R
0" ',~ ~,r ~ r', ~ ~ 14
I.~ ~. 'i' ".a ~ ,~ <,:;) Ii 3. :i
~.'~a~~i''Iii~~
RESOLUTION NO. 928
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TIBURON ACCEPTING GRANT DEED
FROM NANCY BLACKBURN HAMON
WHEREAS, NANCY BLACKBURN HAMON has offered to grant to
the City of Tiburon the real property described in the copies
of the Grant Deeds attached hereto as Exhibits "A", "B", and
"C";
NOW, THEREFORE, BE IT RESOLVED, that the said offer is
hereby accepted, and the City Clerk is authorized to record
said Deeds, together with a certified copy of this Resolution.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tiburon on August 8, 1977, by the following
vote:
AYES:
COUNCILMEN: Ellman, Edelstein, Aramburu, Tayer, Ross
NOES:
COUNCILMEN: None
ABSENT:
COUNCILMEN: None
fhJ
ATTEST: /zrU-
R.L. KLEINERT, City Manager/Clerk
G RAN T DEE D
NANCY BLACKBURN HAMON, of Dallas, Texas, does hereby
Grant to
The City of Tiburon, a municipal corporation
the real property situated in the County of Marin, State of
California, described as follows:
PARCEL ONE:
BEGINNING at the point of intersection of those two
certain courses "South 610 32' 30" East 663.11 feet
and North 520 12' East 602.65 feet" in "Parcel C-2",
as Described in the Deed from J. Benton Bostick et ux,
et al, recorded June 2, 1955 in Volume 946 of Official
Records, at page 79, Marin County Records; running thence
Northwesterly along the Southwesterly line of said "Parcel
C-2", North 610 32' 30" West 663.11 feet to the point of
intersection of the two courses, South 450 24' East 950.00
feet and South 610 32' 30" East 663.11 feet; thence leaving
said Southwesterly line and running South 410 45' West
625.00 feet, South 240 00' East 250.00 feet and South 370
3D' East 250.84 feet, more or less, to a point on a
straight line bearing Northeasterly from the "True Point
of Beginning" of Parcel One as shown in the Deed from J.
Benton Bostick, Jr.; et ux to Warren L. Bostick, et ux,
dated September 25, 1956 and recorded September 25, 1956
in Volume 1061 of Official Records, at page 46, Marin
County Records; thence along said Northeasterly line
942.563 feet to the point of beginning and containing
an area of 10 acres of land, more or less.
RESERVING FROM PARCEL ONE: An easement for roadway and
utility purposes over that portion thereof lying within the
strip of land described as Parcel Three herein.
PARCEL TWO:
An easement for roadway and utility purposes of the uniform
width of 50 feet, the center line of which is described as
follows:
BEGINNING at a point on the Southwesterly line of a 50 foot
roadway easement, distant thereon South 440 36' West 50 feet
and North 450 24' West l50.D feet from the most Southeasterly
corner of that certain parcel of land conveyed by C. o. Sollom
to Arne Ely Engels by deed recorded February 21, 1947 in
Volume 542 of Official Records, at page 389, Marin County
Records; running thence South 440 36' West 10.00 feet; thence
on a curve to the left tangent to the preceding course, with
a radius of 150.00 feet, through a central angle of 500 48'
for an arc distance of 143.47 feet; thence tangent to the
preceding curve South 60 22' East 353.00 feet; thence on a
curve to the right tangent to the preceding course, with a
radius of 150.00 feet, through a central angle of 340 39'
30" for an arc distance of 90.74 feet; thence tangent to the
preceding curve South 280 27' 30" West 70 feet, more or less,
to the intersection thereof with the Southwesterly line of
Parcel C-2, as set forth in the deed from J. Benton Bostick,
Jr., et al, to John A. Ragghianti et ux, recorded June 2,
1955 in Volume 946 of Official Records, at page 79, Marin
County Records.
PARCEL THREE:
TOGETHER WITH an easement for roadway and utility purposes
50 feet in width, lying 25 feet on either side of the
following described center line:
Ex "A" page 1 of 2
I
.j
1
BEGINNING at a point distant North 340 42' East 238.25 feet,
North 550 06' 20" West 193.98 feet, North 400 28' West
447.44 feet, North 400 28' West 448.4 feet and North 430
29' 15" West 5.00 feet (Highway meridian) from the inter-
section of the Southeasterly boundary line of that certain
tract of land conveyed by John J. Reed to Clothilda J. Reed,
described in Deed recorded December 2, 1899 in Volume 58
of Deeds, at page 168, Marin County Records, with the
Northerly right of way line of the California State Highway
Route 52; thence running on a curve to the left of radius
250 feet whose center bears North 400 28' West through a
central angle of 450 for an arc distance of 196.35 feet to
a point of reverse curvature; thence on a curve to the right
of radius 250 feet through a central angle of 230 28' for an
arc distance of 102.39 feet; thence tangent to the preceding
curve North 280 East 601.26 feet; thence on a curve to the
right tangent to the preceding course of radius 200 feet
through a central angle of 290 45' for an arc distance of
103.85 feet to a point of reverse curvature; thence on a
curve to the left of radius 300 feet through a central
angle of 380 15' for an arc distance of 200.28 feet; thence
tangent to the preceding curve North 190 30' East 152.00
feet; thence on a curve to the left tangent to the preceding
course of radius 250 feet through a central angle of 220 15'
for an arc length of 97.08 feet; thence tangent to the pre-
ceding curve North 20 45' West 248.00 feet; thence on a
curve to the left, tangent to the preceding course of radius
200 feet through a central angle of 430 05' for an arc lengtb
of 150.39 feet; thence tangent to the preceding curve North
450 50' West 135.00 feet; thence Northwesterly along the arc
of a curve to the left with a radius of 150 feet,. tangent to
the last course, 80.94 feet; thence North 760 45' West,
tangent to the last curve, 110 feet; thence Northerly along
the arc of a curve to the right with a radius of 100 feet'
tangent to the last course 183.62 feet; thence North 280
28' 30" West, 190 feet.
I
I
I
EXCEPTING FROM PARCEL THREE: That portion thereof lying
within the land described as Parcel One herein.
This instrument is made without warranty, expressed or implied.
Dated:
August 1, 1977
n~c
15/~~ ~fv
BLACKBURN HAMON
STATE OF TEXAS X
X
COUNTY OF DALLAS X
On August 1, 1977, before me, the undersigned authority,
a Notary Public in and for said County and State, personally
appeared NANCY BLACKBURN HAMON, known to me to be the person whose
name is subscribed to the within instrument and acknowledged that she
executed the same.
~//;? 9~
Notary Public in and for Dallas
County, Texas LUt.;J.LLt:: il. WILSUN, Notary t'ullllc
Inpd foe DIlllil:s OolHlQ<. Texu
(seal)
My Commission Expires:
May 31, 1979
Ex "A" page 2 of 2
G RAN T DEE D
NANCY BLACKBURN HAMON, of Dallas, Texas, does hereby
Grant to
THE CITY of TIBURON, a MUNICIPAL CORPORATION
an easement for sanitary sewer purposes over the real property
situated in the County of Marin, State of California, described
as follows:
BEGINNING at a point on the Southeasterly line of
the property described in the Deed from Robert o.
Valentine to Harold J. Holtzinger, et ux, recorded
October 17, 1958 in Volume 1226 of Official Records,
at page 576, Marin County Records, said point being
distant thereon North 260 29' 41" East 20 feet from the
most Southerly corner of the property in the above
mentioned deed; running thence South 260 29' 41" West 20
feet to the most Southerly corner of the property described
in said deedj thence along the Southwesterly line of the
property North 310 24' West 20 feet; thence leaving said
last named line and running thence Easterly in a direct
line to the point of beginning.
Without Warranty, Expressed or Implied
Dated: August 1, 1977
~~B~~K~JL~
STATE OF TEXAS X
X
COUNTY OF DALLAS X
On August 1, 1977, before me, the undersigned authority,
a Notary Public in and for said County and State, personally
appeared NANCY BLACKBURN HAMON, known to me to be the person
whose name is subscribed to the within instrument and acknowledged
that she executed the same.
. "' ~.~ '."-'.:. \.'
~~'~....-...- ..
. :
Jr/-tJ.Ai ~~--
Notary Public in and for Dallas
County, Texas
-,
-:-'
/'
-. -
(seal)
, -
W. T. laGRONE, Nota-ry PubT
I., llnd for D<lllas County Te Ie
, '. .xas
My C6n~ission Expires:
)1-..~ :L;;.. I /7 /'4'
Ex "B"
G RAN T DEE D"
NANCY BLACKBURN HAMON, of Dallas, Texas, does hereby
Grant to
THE CITY OF TIBURON, A MUNICIPAL CORPORATION
the real property situated in the County of Marin, State of
California, described as follows:
A NON-EXCLUSIVE EASEMENT for the construction,
installation and maintenance of a sewer, 5 feet
in width, lying Southeasterly of and adjacent
to the following described line:
BEGINNING at a point which is the most Westerly
corner of the property described in the deed
from Warren L. Bostick, et ux, to Kurt Heath,
et ux, recorded November 26, 1957 in Volume 1156
of Official Records, at page 144, Marin County
Records, said point also being the most Northerly
corner of the property described in the deed from
Loren R. Nowell, et ux, to Jacob Levitan, recorded
May 6, 1959 in Volume 1277 of Official Records,
at page 76; running thence along the Northwesterly
line of the property described in the deed to Levitan
South 26 degrees 29 feet 49 minutes West 455.60
feet to the most Westerly corner of the property
described in the deed to Levitan.
This grant is made without warranty, express or implied.
All of the above" covenants and agreements are to run wi th the land
and be binding on the heirs, successors and assigns of the parties
hereto.
Dated: August 1, 1977
n~cGS~~~Ji~
(,J1l
STATE OF TEXAS X
X
COUNTY OF DALLAS X
On a#Ud /,/777 , before me, the under-
signed authority, ~Notary Public in and for said County and State,
personally appeared NANCY BLACKBURN HAMON, known to me to be the
person whose name is subscribed to the within instrument and ack-
nowledged that she executed the same.
... ....~..-
./
k: cJ~;f~
W. T. LaGrone, Notary Public in
and for Dallas County, Texas
;-J
My Commission Expires:
W. T. [aGFlONE
In Cnd fQC D . NOla-ry Public
" alias County. I~x~~
March 22, 1978
Ex tiC"
RESOLUTION NO. 927
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TIBURON GRANTING A NON-EXCLUSIVE
EASEMENT TO THE RICHARDSON BAY SANITARY
DISTRICT
WHEREAS, the Richardson Bay Sanitation District
has requested that the City of Tiburon grant to it a non-
exclusive easement for the purpose of constructing and
maintaining a sanitary sewer or sewers under that certain
real property located in the City of Tiburon, State of
California, more particularly described in Exhibit "A"
hereto; and
WHEREAS, the City of Tiburon is willing to grant
such an easement provided it does not obstruct or in any manner
interfere with the surface use of said property;
NOW, THEREFORE, BE IT RESOLVED, that the City Council
of the City of Tiburon does hereby authorize the Mayor to
execute a deed granting a non-exclusive easement to the
Richardson Bay Sanitation District for the above purposes
under that certain real property described in Exhibit "A"
hereto.
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Tiburon on August 8 , 1977, by
the following vote:
AYES:
COUNCILMEN: Ellman, Edelstein, Aramburu, Tayer, Ross
NOES:
COUNCILMEN: None
ABSENT: COUNCILMEN:
AT/y!g:g_~--- ..
R. L. KLEINERT, City Manager/Clerk
Drafted: 8/8/77
(Miraflores Project Assessment District, City of Tiburon,
Marin County, California)
RESOLUTION NO. 929
RESOLUTION DIRECTING FILING OF AN AMENDED ENGINEER'S REPORT
AND ASSESSMENT
WHEREAS, on the 11th day of July, 1977, the City Council of the
City of Tiburon, Marin County, California, preliminarily adopted the
Engineer's Report and Assessment, filed pursuant to Resolution of Intention
in Miraflores Project Assessment District, City of Tiburon, Marin County,
California; and
WHEREAS, since the filing of said original Engineer's Report and
Assessment, bids have been received showing a different construction cost
than set forth in said original Engineer's Report;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Tiburon, Marin County, California, that the Engineer of Work be, and they
are hereby, directed to file an Amended Engineer's Report and Assessment
to conform to the low bid received for said work and improvement.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Tiburon on August 22, 1977, by the following vote:
AYES: COUNCILMEN:
Aramburu, Edelstein, Ellman, Ross
NOES: COUNCILMEN:
NONE
ABSENT: COUNCILMEN:
NONE
ABSTAIN: COUNCILMEN:
TAYER
R
0\::;,') ~.r ~ ~:.~ ~ ~
.\;~~i\:B r\{i~!l.
RESOLUTION NO. 928
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TIBURON ACCEPTING GRANT DEED
FROM NANCY BLACKBURN HAMON
WHEREAS, NANCY BLACKBURN HAMON has offered to grant to
the City of Tiburon the real property described in the copies
of the Grant Deeds attached hereto as Exhibits "A", "BI!, and
ne";
NOW, THEREFORE, BE IT RESOLVED, that the said offer is
hereby accepted, and the City Clerk is authorized to record
said Deeds, together with a certified copy of this Resolution.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tiburon on August 8, 1977, by the following
vote:
AYES:
COUNCILMEN: Ellman, Edelstein, Aramburu, Tayer, Ross
NOES:
COUNCILMEN: None
ABSENT:
COUNCILMEN: None
fh/
ATTEST: ;(~~~-
R.L. KLEINERT, City Manager/Clerk
G RAN T DEE D
NANCY BLACKBURN HAMON, of Dallas, Texas, does hereby
Grant to
The City of Tiburon, a municipal corporation
the real property situated in the County of Marin, State of
California, described as follows:
PARCEL ONE:
BEGINNING at the point of intersection of those two
certain courses "South 610 32' 30" East 663.11 feet
and North 520 12' East 602.65 feet" in "Parcel C-2",
as Described in the Deed from J. Benton Bostick et ux,
et al, recorded June 2, 1955 in Volume 946 of Official
Records, at page 79, Marin County Records; running thence
Northwesterly along the Southwesterly line of said "Parcel
C-2", North 610 32' 3D" West 663.11 feet to the point of
intersection of the two courses, South 450 24' East 950.00
feet and South 610 32' 30" East 663.11 feet; thence leaving
said Southwesterly line and running South 410 45' West
625.00 feet, South 240 00' East 250.00 feet and South 370
30' East 250.84 feet, more or less, to a point on a
straight line bearing Northeasterly from the "True Point
of Beginning" of Parcel One as shown in the Deed from J.
Benton Bostick, Jr.; et ux to Warren L. Bostick, et ux,
dated September 25, 1956 and recorded September 25, 1956
in Volume 1061 of Official Records, at page 46, Marin
County Records; thence along said Northeasterly line
942.563 feet to the point of beginning and containing
an area of 10 acres of land, more or less.
RESERVING FROM PARCEL ONE: An easement for roadway and
utility purposes over that portion thereof lying within the
strip of land described as Parcel Three herein.
PARCEL TWO:
An easement for roadway and utility purposes of the uniform
width of 50 feet, the center line of which is described as
follows:
BEGINNING at a point on the Southwesterly line of a 50 foot
roadway easement, distant thereon South 440 36' West 50 feet
and North 450 24' West l50.D feet from the most Southeasterly
corner of that certain parcel of land conveyed by C. o. Sollom
to Arne Ely Engels by deed recorded February 21, 1947 in
Volume 542 of Official Records, at page 389, Marin County
Records; running thence South 440 36' West 10.00 feet; thence
on a curve to the left tangent to the preceding course, with
a radius of 150.00 feet, through a central angle of 500 48'
for an arc distance of 143.47 feet; thence tangent to the
preceding curve South 60 22' East 353.00 feet; thence on a
curve to the right tangent to the preceding course, with a
radius of 150.00 feet, through a central angle of 340 39'
30" for an arc distance of 90.74 feet; thence tangent to the
preceding curve South 280 27' 30" West 70 feet, more or less,
to the intersection thereof with the Southwesterly line of
Parcel C-2, as set forth in the deed from J. Benton Bostick,
Jr., et al, to John A. Ragghianti et ux, recorded June 2,
1955 in Volume 946 of Official Records, at page 79, Marin
County Records.
PARCEL THREE:
TOGETHER WITH an easement for roadway and utility purposes
50 feet in width, lying 25 feet on either side of the
following described center line:
Ex "A" page 1 of 2
I
I
BEGINNING at a point distant North 340 42' East 238.25 feet,
North 550 06' 20" West 193.98 feet, North 400 28' West
447.44 feet, North 400 28' West 448.4 feet and North 430
29' 15" West 5.00 feet (Highway meridian) from the inter-
section of the Southeasterly boundary line of that certain
tract of land conveyed by John J. Reed to Clothilda J. Reed,
described in Deed recorded December 2, 1899 in Volume 58
of Deeds, at page 168, Marin County Records, with the
Northerly right of way line of the California State Highway
Route 52; thence running on a curve to the left of radius
250 feet whose center bears North 400 28' West through a
central angle of 450 for an arc distance of 196.35 feet to
a point of reverse curvature; thence on a curve to the right
of radius 250 feet through a central angle of 230 28' for an
arc distance of 102.39 feet; thence tangent to the preceding
curve North 280 East 601.26 feet; thence on a curve to the
right tangent to the preceding course of radius 200 feet
through a central angle of 290 45' for an arc distance of
103.85 feet to a point of reverse curvature; thenGe on a
curve to the left of radius 300 feet through a central
angle of 380 IS' for an arc distance of 200.28 feet; thence
tangent to the preceding curve North 190 30' East 152.00
feet; thence on a curve to the left tangent to the preceding
course of radius 250 feet through a central angle of 220 IS'
for an arc length of 97.08 feet; thence tangent to the pre-
ceding curve North 20 45' West 248.00 feet; thence on a
curve to the left, tangent to the preceding course of radius
200 feet through a central angle of 430 OS' for an arc length
of 150.39 feet; thence tangent to the preceding curve North
450 50' West 135.00 feet; thence Northwesterly along the arc
of a curve to the left with a radius of 150 feet,- tangent to
the last course, 80.94 feet; thence North 760 45' West,
tangent to the last curve, 110 feet; thence Northerly along
the arc of a curve to the right with a radius of 100 feet'
tangent to the last course 183.62 feet; thence North 280
28' 30" West, 190 feet.
I
I
EXCEPTING FROM PARCEL THREE: That portion thereof lying
within the land described as Parcel One herein.
This instrument is made without warranty, expressed or implied.
Dated:
August 1, 1977
n~c
151a.~ ~fv
BLACKBURN HAMON
STATE OF TEXAS X
X
COUNTY OF DALLAS X
On August 1, 1977, before me, the undersigned authority,
a Notary Public in and for said County and State, personally
appeared NANCY BLACKBURN HAMON, known to me to be the person whose
name is subscribed to the within instrument and acknowledged that she
executed the same.
~,4. ~~
Notary Public in and for Dallas
Coun ty, Texas LlJULLI:: u. WILSUN, Notary t'ulJl1c
lnpd foe DIll.la:s OolHl~. Te:uu
(seal)
My Commission Expires:
May 31, 1979
1
Ex "A" page 2 of 2
G RAN T DEE D
NANCY BLACKBURN HAMON, of Dallas, Texas, does hereby
Grant to
THE CITY of TIBURON, a MUNICIPAL CORPORATION
an easement for sanitary sewer purposes over the real p+operty
situated in the County of Marin, State of 'California, described
as follows:
BEGINNING at a point on the Southeasterly line of
the property described in the Deed from Robert o.
Valentine to Harold J. Holtzinger, et ux, recorded
October 17, 1958 in Volume 1226 of Official Records,
at page 576, Marin County Records, said point being
distant thereon North 260 29' 41" East 20 feet from the
most Southerly corner of the property in the above
mentioned deed; running thence South 260 29' 41" West 20
feet to the most Southerly corner of the property described
in said deed; thence along the Southwesterly line of the
property North 310 24' West 20 feet; thence leaving said
last named line and running thence Easterly in a direct
line to the point of beginning.
Without Warranty, Expressed or Implied
Dated: August 1, 1977
~~}}'~K~JL~
STATE OF TEXAS X
X
COUNTY OF DALLAS X
On August 1, 1977, before me, the undersigned authority,
a Notary Public in and for said County and State, personally
appeared NANCY BLACKBURN HAMON, known to me to be the person
whose name is subscribed to the within instrument and acknowledged
that she executed the same.
.... ~.~ '.:...'.:. '.'
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Jr/~{J<~ ~~--
Notary Public in and for Dallas
County, Texas
'.
/-
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(seal)
, .
W. T. [aGRONE, Notary Pu....,.
1.., and f D UI'C
or alias County, l~xq~
My C6n~ission Expires:
/1-<~ :l.:l.. I /~ 7 t?
Ex "B"
G RAN T DEE D,
NANCY BLACKBURN HAMON, of Dallas, Texas, does hereby
Grant to
THE CITY OF TIBURON, A MUNICIPAL CORPORATION
the real property situated in the County of Marin, State of
California, described as follows:
A NON-EXCLUSIVE EASEMENT for the construction,
installation and maintenance of a sewer, 5 feet
in width, lying Southeasterly of and adjacent
to the following described line:
BEGINNING at a point which is the most Westerly
corner of the property described in the deed
from Warren L. Bostick, et ux, to Kurt Heath,
et ux, recorded November 26, 1957 in Volume 1156
of Official Records, at page 144, Marin County
Records, said point also being the most Northerly
corner of the property described in the deed from
Loren R. Nowell, et ux, to Jacob Levitan, recorded
May 6, 1959 in Volume 1277 of Official Records,
at page 76; running thence along the Northwesterly
line of the property described in the deed to Levitan
South 26 degrees 29 feet 49 minutes West 455.60
feet to the most Westerly corner of the property
described in the deed to Levitan.
This grant is made without warranty, express or implied.
All of the above' covenants and agreements are to run with the land
and be binding on the heirs, successors and assigns of the parties
hereto.
Dated: August 1, 1977
n~cGS~~~Ji~ Vi1L
STATE OF TEXAS X
X
COUNTY OF DALLAS X
On ~~ ///777 , before me, the under-
signed authority, #Notary Public in and for said County and State,
personally appeared NANCY BLACKBURN HAMON, known to me to be the
person whose name is subscribed to the within instrument and ack-
nowledged that she executed the same.
- , ~~\~-- -
/'
k. J~%~
W. T. LaGrone, Notary Public in
and for Dallas County, Texas
; -/
My Commission Expires:
W. T. LaGRONE
In ond foc D . Nofa'ry PublIc
al/ils County& I~x~$
March 22, 1978
Ex "e"
RESOLUTION NO. 927
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TIBURON GRANTING A NON-EXCLUSIVE
EASEMENT TO THE RICHARDSON BAY SANITARY
DISTRICT
WHEREAS, the Richardson Bay Sanitation District
has requested that the City of Tiburon grant to it a non-
exclusive easement for the purpose of constructing and
maintaining a sanitary sewer or sewers under that certain
real property located in the City of Tiburon, State of
California, more particularly described in Exhibit "A"
hereto; and
WHEREAS, the City of Tiburon is willing to grant
such an easement provided it does not obstruct or in any manner
interfere with the surface use of said property;
NOW, THEREFORE, BE IT RESOLVED, that the City Council
of the City of Tiburon does hereby authorize the Mayor to
execute a deed granting a non-exclusive easement to the
Richardson Bay Sanitation District for the above purposes
under that certain real property described in Exhibit "A"
hereto.
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Tiburon on August 8 , 1977, by
the following vote:
AYES: COUNCILMEN: Ellman, Edelstein, Aramburu, Tayer, Ross
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
/~
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vty of Tiburon
AT;&1g;s;;_-'--. -
R. L. KLEINERT, City Manager/Clerk
Drafted: 8/8/77
(
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Richardson Bay Sanitary District
~v.ner: City of Tiburon
Description of Easement
AN EASEMENT for the construction and maintenance of a sanitary
sewer together with ingress and egress over, on or under a strip of land
12 feet wide lying adjacent to and southwesterly of the following described
line:
BEGINNING at a point in the centerline of a 20 foot wide trunk line
and roadway easement described as Parcel No. 3 in the "Amended Judgement
in Condemnation'~ entitled Richardson Bay Sanitary District, a public corpora-
tion, Plaintiff, vs. Anthony Connell et.al., Defendants, recorded March 31, 1965
in Volume 1925 at page 91, Official Records of Marin County; said point.of
beginning being distant South 80 11' 10" W 424.78 feet from the intersection
of the two courses "N 80 11' 10" E 523.19 feet" and "N 120 35' W 380 feet
more or less" as described in said Parcel No.3; running thence from said
point of beginning S 430 00' E 156.81 feet to the most northerly corner of
that 0.360 acre parcel of land conveyed by the Richardson Bay Sanitary District
to the State of California by deed recorded August 16, 1966 in Volume 2072
at page 380, Official Records of Marin County; said point being the North-
west corner of lands of the Richardson Bay Sanitary District, running thence
along the southwesterly line of said District lands S 430 OQ' E 775.33 feet,
more or less, to the most southerly corner thereof.
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