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Home My WebLink AboutTC Res 1991-08-07 (5) 91-053880 Total . 00 Recorded Official Records County of MARIN JAMES DAL BON Recorder 8:01am 23-Aug-91 MS 2 RESOLUTION NO. 2800 A. RESOLUTION OF THE TO\VN COUNCIL OF TIlE TOWN OF TIBURON APPROVING THE DRILLING OF A WELL FOR POTABLE WATER PURPOSES AT ONE TANFIELD ROAD A.P. NO. 039-081-12 WHEREAS, the Town Council of the Town of Tiburon does resolve as follows: Section 1. Findin!!s. ,"- A. An application for drilling of a potable water well has been submitted by the property owner of 1 Tanfield Road. B. The Town Council has reviewed the application and determined that the project is consistent the requirements of Chapter 13F of the Municipal Code concerning water wells and is consistent with the Tiburon General Plan. C. The Town Council has determined that the project is categorically exempt from the requirements of CEQA per Section 15303( d) of the CEQA Guidelines. D. The Town Council finds that the project, as conditioned, will not be detrimental to the public health, safety, or general welfare nor injurious to other properties in the vicinity. E. The Town Council has determined that the owner is currently prevented from connecting the public water system due to a moratrium. F. The Town Council finds that the owner has provided a written report from a registered civil engineer stating that the water supply will remain reasonably intact during drought years. Section 2. Aooroval. NO\Y, THEREFORE, BE 11' llliSOLVED that the Town Council approves the application for a potable water well at 1 Tanfield Road subjec to the following conditions: 1. The well shall meet all applicable well standards adopted by Chapter 7.28 of the Marin County Code, as may be amended from time to time, and any other regulations adopted by the County pursuant thereto. 2. The 'well shall meet all applicable requirenlents of the Marin Municipal Water District. 3. The well shall serve only a single family dwelling located on the subject property. 4. The owner shall provide for regular water testing on a recurring basis as may be required by Marin County Environmental Health Services. 5. The owner agrees on behalf of himself and all successors to record an agreement indemnifying, defending, and holding harmless the Town in the event of any future inadequate supply of potable water resulting from any cause. Said agreement shall be approved by the Town Attorney and recorded prior to commencement of well drilling. 6. The owner agrees to connect to the public water system as soon as possible. 7. Site Plan and Architectural Review approval shall be required for any structures associated with the well, such as water storage containers, which require such approval. 8. This approval may be suspended or revoked for just cause, pursuant to Section 13F -6 of the Tiburon Municipal Code. 9. This approval shall expire and become null and void six months after Council approval. One extension of up to six months may be granted by the Town Manager for good cause. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on AUi:llst 7. 1991, by the following vote: AYES: COUNCILMEMBERS: Freidman, Coxhead, Kuhn NOES: COUNCILl\1EMBERS: None ABSENT: COUNCILMEMBERS: Logan, Thayer ,.... .~,,- ........ ~ ",., ALVIN R. KUHN, VICE-MAYOR ' ~./ #. .. ~'~. Town of Tiburon "! · · · · . . . . . . :~' C,\t\r ATTEST: ~~~~O'W~[Q) SEP 1 1 1991 TOWN MANAGER'S OFFICE TOWN OF TIBURON . 91-05387<:) Total . 00 Recorded O.fficial Records, County of MARIN JAMES DAL BON Recorder 8:01am 23-Aug-91 MS 2 Recorded at request of: A.P.N.: 39-081-12 Town of Tiburon Address: 1 Tanfie1d Road When recorded, return to: Town Clerk Town of Tiburon 1155 Tiburon Blvd. Tiburon, CA 94920 WAIVER AND INDEMNITY AGREEMENT 1"-" .' This Agreement is entered into by and between Frank Gararnan ("Owner") and the Town of Tiburon ("Town") with respect to the following matters of fact: A. Owner is the owner of a parcel of real property located within the Town and more particularly described in Exhibit A attached hereto. B. Owner has applied for and was granted by the Town (in Resolution No.2800 ), a water well permit. Owner wishes to use the water obtained from the well as the sole domestic water supply for the residence now or in the future located on the real property. C. As a condition of approval for the well permit, Owner is required to indemnify, defend and hold harmless the Town in the event of any harm caused by the well or any future inadequate supply of potable water. NOW, THEREFORE, Owner and the Town agree as follows: 1. The well shall be dug strictly in accordance with all applicable governmental laws, ordinances and regulations and subject to the conditions imposed by the Tiburon Town Council in Resolution No. 2800 . ,\' 2. The" Town shall not be liable for and Owner hereby waives all claims against the Town for any injury or damage of any nature whatsoever to any person or property as a result of the construction, use, maintenance or failure of the well. Without limiting the generality of the foregoing, the Town shall not be liable for any damage or injury of any nature whatsoever caused by failure of the well to produce an adequate supply of potable water or to meet any standards for potable water. any property or any injury, illness or death of any person caused bY the construction, maintenance or use of the well. 4. The provisions of this Agreement shall survive any transfer of title of the'property and shall become binding upon anyone who acquires title to all or any part of the property subsequent to the recording of this agreement in the Official Records of Marin County, California. IN WITNESS WHEREOF, Owner and the Town have executed this Agreement as of the date first set out above. TOWN:~ By: Its: 7/AlP)t'AI " ", ~~... :C'\ f ~ .'. ", /N" ~ ". Ej ,I" ~'.~ ~ " ~;V,1f7 . .... .~~,~' . "I · ,. · · .. · · \) , "it C · l \~ ' , , . . ., t\ \ , .. .... , Drafted 8/6/91 THIS IS A TRUE AND CERTIFIED COPY. ~ '71 ~~"-td 4j- TOWN CLERK 2 j .~, '\ ' .">1