HomeMy WebLinkAboutAgr 2001-12-31 (Anolik/Town)
. AP #~9-171-05 (portion)
Recording Requested, Return to:
TOWN OF TIBURON
1505 TIBURON BOULEVARD
TIBURON, CA 94920
ATTN: SCOTT ANDERSON
DOCUMENT TITLE
11111111111 IIII t 11111,' 11111111111 -
2002-0012874-
Recorded I REC FEE . ee
Official Records I
County Of I
Marln . I
JOAN C. THAYER I
Recorder I
I
I FS
82:33PfII 19-Feb-2002 I Page 1 of S
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AGREE:MENT REGARDING
BUNCHGRASS MITIGATION FEE
Recording requested by:
Scott Anderson, Planning Director
Town of Tiburon
1505 Tiburon Blvd
Tiburon, CA 94920
When recorded, mail to:
Scott Anderson, Planning Director
Town of Tiburon
1505 Tiburon Blvd
Tiburon, CA 94920
THIS AGREEMENT (hereinafter "Agreement") is made and entered into
, st
on this ~I day of December 2001 between Alexander and Binyamina Anolik
(referred to herein as "Owners"), the owners of real property located at 200/210
Gilmartin Drive, Tiburon, California (hereinafter, the "Property") and the Town of
Tiburon (hereinafter the "Town").
In consideration of the promises and agreements contained herein, and for
other good and valuable consideration, the receipt and sufficiency of which is
acknowledged, Owners and the Town agree as follows:
1. Payment by Owners of Bunchgrass Mitigation Fee - Owners agree
to pay from escrow upon the sale of the Property, a legal description of which is
attached hereto as Exhibit "A", $21,512.00 representing payment due for the
Bunchgrass Mitigation fee imposed as a condition precedent to approval of a lot-
line adjustment to the benefit of the Owners and approval of the final parcel map.
2. Waiver of Payment of Bunchgrass Mitigation Fee as Precondition to
Approval of Lot Line Adjustment and Recordation of Final Parcel Map - The
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LIEN FOR PAYMENT OF BUNCHGRASS MITIGATION FEE
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Town agrees to waIve pre-payment of the Bunchgrass Mitigation Fee in the
amount of $21,512.00 as a precondition to the approval of the Owners' desired lot-
line adjustment and recordation of the final parcel map.
3. Creation of Lien - In the event that the Owners fail to pay the
$21,512.00 on close of escrow, said amount shall become a lien against the
property described in Exhibit A, which is attached hereto and incorporated herein
by reference. This lien shall include the principal amount of $21,512.00 plus any
other sums expended by the Town to collect this debt including, without
limitation, attorneys fees and costs of suit.
4. Warranty of Signatory - The undersigned hereby represent and
covenant that he/she/they are authorized to execute this Agreement.
IN WITNESS WHEREOF, the undersigned have executed this Agreement on the
dates indicated below:
Dated: Decemb~, 2001
STATE OF CALIFORNIA )
)
COUNTY OF SAN FRANCISCO )
On December~, 2001, before me, the undersigned, a Notary Public in ~for
said State, personally appeared ALEXANDER ANOLIK, personally known to~(or
proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged that she executed the sam(;l, in his or her
authorized capacity. . L
Witness my hand and official seal. '" ~ ,/! J? _Ik-
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Notary Public
Dated: December ~, 2001
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lami Anolik
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STATE OF CALIFORNIA )
) SS.
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LIEN FOR PAYMENT OF BUNCHGRASS MITIGATION FEE
USSl COUNTY OF SAN FRANCISCO )
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On December ~, 2001, before me, the undersigned, a Notary Public in and for /
said Stathte, bPer~onafllY ~pyeared YP:-dMI AN) OLbIK'hPersonally knh own to"~(orbPr~vbedd to L.. ~ J
me on e aSlS 0 satlSlactory eVI ence to e t e person w ose name IS su scn e to V.
the within instrument and acknowledged that she executed the same, in her authorized
capacity. L
Witness my hand and official seal. 0 DfCI a ~ ~ t I
Notary Public
Dated: ~~ ~ ;~~:J.
ti~fM?Ji~
Town of Tiburon
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COUNTY OF SAN FRANCISCO )
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On....g~eeH'l8el _, :SSt before me, the undersigned, a Notary Public in and for
said State, personally appeared Harry s .Matthews, personally known to me (.@! ~16 v va b
mp on t1.18 ba~i~ gf ~ati~fa~t0ry e v iaene(,) to be the person whose name is subscribed to
the within instrument and acknowledged that he executed the same., in his authorized
capacity.
Witness my hand and official seal.
STATE OF CALIFORNIA
SS.
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APPROVED AS TO FORM
~~~~
ANN ANFORTH
TO "\!f\IATT~ q 1'.,1 EY
TC".! 'f", ." ..
.r@DIANECRANEIACOPI ~
- Comm. # 1286660
U) ~ -. NOT ARY PUBLIC-CALIFORNIA (/)
...... " . Marin County -
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LIEN FOR PAYMENT OF BUNCHGRASS MITIGATION FEE
EXHIBIT "A"
DESCRIPTION
All that certain real property located in the Town ofTiburon, County of Marin, State of
California described as follows:
A portion of the property described in the Deed of Trust from The Equinox Group Inc., a
California Corporation, to Alexander Anolik and Binyamina Anolik recorded February
19,1998 as D.N. 98-009884, said property also shown on that certain Record Map
entitled "Lands of Cahn" filed for record July 21, 1981 in Book 17 of Surveys at Page 32,
Marin County Records~
Beginning at the westerly comer of said property, and the comer common to Lots 10 and
11 as shown upon said map;
1. Thence North 410 16' 35" East (North 420 37' DO" East deed) 118.441 feet;
2. Thence South 470 32' 55" East 241.797 feet;
3. Thence South 410 16' 35" West (North 420 37' DO" East deed) 121.82 feet;
4. Thence North 46044' 55" West (45024' DO" West deed) 241.89 feet to the point of
beginning.
Containing an area of29,041 Square Feet / 0.667 Acres
Reserving therefrom a 10-root Drainage Easement the Centerline of which is described as
follows:
Beginning at a point distant North 46044' 55" West 152.882 feet and North 410 16' 35"
East 5 feet from the southerly comer of said property as shown upon said record Map;
1. Thence North 46045' 55" West 106.74 feet to the eastern boundary ofan existing 10
foot Storm Drain Easement described in the Grant Deed from Wilma R. Pinensky to
John Gariffo and Sandra Gariffo, et. Ai. Recorded February 15, 1990 as
D.N. 90-09752, Marin County Records.
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1111111111111111111111111111111111
2002-0012873
Recorded I REC FEE . 08
Official Records I
County Of I
MarIn I
JOAN C. THAYER I
Recorder I
I
I FS
02:33PM 19-Feb-2002 J Page 1 of 10
AP #39-171-05 (pORTION)
Recording Requested, Return to:
TOWN OF TffiURON
1505 TffiURONBOULEVARD
TffiURON, CA 94920
ATTN: SCOTT ANDERSON
)7:;--;3
DOCUMENT TITLE
GRANT OF OPEN SPACE EASEMENT
& RESOLUTION OF ACCEPTANCE A 1-rt-\C H t~l)
FILING REQUESTED BY:
Alexander Anolik, Esq.
2107 Van Ness Avenue, Suite 200
San Francisco, California 94109
AND WHEN FILED RETURN TO:
Alexander Anolik, Esq.
2107 Van Ness Avenue, Suite 200
San Francisco, California 94109
GRANT OF OPEN SPACE EASEMENT
This GRANT OF OPEN SPACE EASEMENT ("Easement") is made this~day of July, 2001, by Alexander
and Binyamina Anolik on behalf of the Anolik Family Partnership, a California Limited Partnership ("Grantor").
RECIT ALS
A. Grantor owns certain real property situated in the County of Marin, State of California, more particularly
described in attached Exhibit "A" ("Property").
See Attachment "A".
B. Grantor desires to grant to the Town of Tiburon ("Grantee"), an open space easement on, upon, over,
across and under that portion of the Property described in the attached Exhibit "B". Said Open Space
Easement is also shown on Exhibit "C" attached for graphical information purposes only.
C. The purpose of the Open Space Easement is to preserve the area in its natural, scenic and open space
condition- due to the presence of fragile serpentine and native bunchgrasses and for the preservation of the
open space character of the area.
NOW, THEREFORE, Grantor hereby grants to Grantee a permanent open space easement over all that property
described in attached Exhibits "B" and "C", subject to the following conditions and restrictions:
1. Use Restrictions. All use of the Open Space Easement shall be compatible with the preservation of the
Open Space Easement in its natural, scenic and open space condition. No use of the Open Space
Easement shall be made that would impair or interfere with the natural, scenic, open space and other
environmental values of the Open Space Easement.
No buildings, structures, or other improvements shall be constructed on, no natural resources shall be
extracted from, and no activities shall be conducted in, the Open Space Easement that would alter,
diminish, damage, or destroy any physical or scenic characteristic of the Open Space Easement. No
planting of trees or other vegetation is permitted. No cutting of vegetation is permitted without prior
approval of an encroachment permit by the Town of Tiburon, except the cutting back of grasses or other
vegetation as may be required by the Fire District. Said fire-preventive cutting shall not occur prior to
June 15 of any year, and shall be done in such manner that the root systems of the dormant grasses are
not damaged.
There shall be no dumping or accumulation of trash. green waste. garbage or other offensive material in
the Open Space Easement. The Open Space Easement area is not intended to be disturbed and will be
required to be enclosed with temporary protective fencing prior to any construction.
2. No Public Access. The granting of this Easement and its acceptance by Grantee does not authorize and is
not to be construed as authorizing members of the public to enter upon or to use the Open Space
Easement in any maImer whatsoever without the consent of the owners of the Property. This provision
shall not prevent Grantor, or his successors or assigns, at any time in the future, from dedicating or
granting public access over the Open Space Easement.
3. Access by Grantee. The Grantee, its successors or assigns, shall have the right, from time to time, during
business hours on business days and after giving reasonable prior written notice to the owners of the
Property, to enter the Open Space Easement and to inspect the Open Space Easement for the purpose of
determining compliance with the terms and conditions of this Grant of Easement.
4. Non-liabilitv. The Grantee, its successors or assigns, shall have no responsibility or liability of any kind
whatsoever in connection with the use or maintenance of the Open Space Easement or any part thereof.
All responsibility and liability for the Open Space shall remain with Grantor and its successors' in
interest. Except in the event of injury or death of any person utilizing the easement for which injury or
death liability is sought to be imposed on either party hereto, Grantor shall not be liable for the
consequences of acts or omissions which are directly attributable to Grantee or its officers. agents,
employees or contractors.
5. Enforceable Restrictions. This Easement and each and every term, condition and restriction is intended
for the benefit of the public and constitutes an enforceable restriction pursuant to the provisions of
Section 8 of Article XIII of the California Constitution. This Easement shall bind Grantor and his
successors or assigns and is intended to run with the land.
6. Unenforceable Restriction. If any provision of this Easement or the covenants and restrictions contained
herein shall be held to be unenforceable by a court of competent jurisdiction, this instrument shall be
construed as if such provision had not been included herein. If any provision hereof is ambiguous or shall
be subject to two or more interpretations, one or more of which would render such provision invalid or
inconsistent with the open space purposes of this Easement, then such provision shall be given the
interpretation that would render it valid and would be consistent with the open space purposes of this
easement .
7. Exhibits. This Easement includes the following Exhibits that are attached hereto ami incorporated herein
by reference:
Exhibit A:
Exhibit B:
Exhibit C:
Legal Description of the Property
Legal Description of the Easement
Diagram of the Easement
IN WITNESS WHEREOF, Grantor has executed this instrument the day and year first written above.
Grantor:
By:
Anolik Family Partnership, a California Limited Partnership
III
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STATE OF CALIFORNIA )
) SS.
)
COUNTY OF SAN FRANCISCO )
On July tr., 200 L before me, the undersigned. a Notary Public in and for said State,
personally appeared ALEXANDER ANOLIK, personally known to€!or proved to I11e on the
basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrun1ent and acknowledged that he executed the same, in his Dr her autho~ized capaci ty.
!e~ ~ir Y tl~kRcdkt /
. Notary Public L :A/.
Witness n1Y hand and official seal.
~~~
By: ~A- r-~
Binyamina Anoli
STATE OF CALIFORNIA )
)
)
COUNTY OF SAN FRANCISCO )
SS.
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1 LEONID NAKHODKIN
"-@'tOCommiSSion_1248786C
~ . ,& . Notary Public · California ~
::> San Francisco County !
J ~ ~ ~..~ ~ ~y _C~~~ :X~i~~:F:b.: ~ :O~\
On July a't.(, 2001, before i11e, the undersigned, a Notarv Public in and for said State,
personally appeared ALEXANDER ANOLIK, personally known .to ~ (or proved to me on the
basis of satisfactory evidence) to be the person whose nan1e is subscribed to the within
instrul11ent and acknowledged that he executed the same, in his authorized capacity.
Witness my hand and otfIcial seal. t Of2l2kfl il'~d~(PJ
Notary Public /./(/
Grantee:
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Harry S. Matthews, Mayor
Town of Tiburon
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Ann R. Danforth
Attorney for Town of Tiburon
G:\IOIlKl,IOI':l9\IOI83-VISTA GOLDEN GAT[ ESTATES\070jO! . opcn ~pal:C ca~CI1ICnl granl 'orlll.dol"
r@~ .~..." LEONID NAKHODKJN
en; ,.' CommisSionN1248786
~ ,. .. Netary Public · California
'.... San Francisco County
My Comm. Expir~s Feb. 1,2004
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ALL-PURPOSE ACKNOWLEDGEMENT
State of California
ptA ~/AJ
On .f:-e-lr;rrJ ~ f' J.~Z-eefore me,
personally appear~~r I H4 f. ~ Y
D
County of
gf personall y known to me
- OR -
l~._. DIANE CRANE IACOPI ~
- .. Comm. # 1286660
(J) ~ -. NOT ARY PUBlIC.CAlIFORNIA (J)
" " , Marin County -
1 My Comm. Expires Dec. 8, 2004 T
}ss
D14AI'E CM;fJE .rA(O~:C
~, A147iHEWS
SIG:-;ERcS,
proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signatures(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
OPTIONAL INFORMATION
The information below is not required by law. However. it could prevent fraudulent attachment of this acknowl-
edgement to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
D INDIVIDUAL
~ CORPORATE OFFICER
~4TitE~~
D PARTNER(S)
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITYcIES)
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APA 5/99
DESCRIPTION OF ATTACHED DOCUMENT
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TITLE OR TYPE OF DOCUMENT
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NUMBER OF PAGES I
DATE OF DOCUMENT
OTHER
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RIGHT THUMBPRINT
OF
SIGNER
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VALLEY-SIERRA. XCXJ-362-3369
EXHIBIT "A"
DESCRIPTION
All that certain real property located in the Town of Tiburon, County of Marin, State of
California described as follows:
Parcel One:
Lot 8 as shown upon that certain map entitled "Map of Smithridge Estates" filed for
record December 19,1963 in Volume 12 of Maps, at Page 49 Marin County Records.
Parcel Two:
Parcel "C" as shown upon that certain map entitled" Parcel Map Lands of Flanagan in
the City ofTiburon, Marin County California", filed for record September 18, 1972 in
Volume 7 of Parcel Maps at Page 78, Marin County Records.
Parcel Three:
A portion of the property described in the Deed of Trust from the Equinox Group Inc., a
California Corporation, to Alexander Anolik and Binyamina Anolik recorded February
19,1998 as D.N. 98-009884, said property also shown on that certain map entitled
"Lands of Cahn" filed for record July 21, 1981 in Book 17 of Surveys at Page 32, Marin
County Records;
Beginning at the westerly corner of said property, and the corner common to Lots 10 and
11 as shown on said map;
1. Thence North 410 16' 32" East (North 420 37' 00" East deed) 118.44 feet;
2. Thence South 470 32' 55" East 241.80 feet;
3. Thence South 410 16' 35" West (North 420 37' 00" East deed) 121.82 feet;
4. Thence North 46044' 55" West (North 45024' 00" West) 241.89 feet to the point of
beginning.
EXHIBIT "B"
OPEN SPACE AND CONSERVATION EASEMENT
All that certain real property located in the Town of Tiburon, County of Marin, State of
California described as follows:
A portion of the property described in the Deed of Trust from the Equinox Group Inc.., a
California Corporation, to Alexander Anolik and Binyamina Anolik Recorded February
19, 1998 as D.N. 98-009884, said property also shown on that certain map entitled
"Lands of Cahn" filed for record July 21, 1981 in Book 17 of Surveys at Page 32, Marin
County Records;
Beginning at a point on the Southwesterly boundary line, that bears
South 46044' 55" East 137.00 feet from the Southeast comer of Lot 10 as shown upon
that certain Map entitled "Map ofSmithridge Estates in the County ofMar~ Calif." filed
for record December 19, 1963 in Volume 12 of Maps, at Page 49, Marin County Records;
1. Thence leaving said Southwesterly boundary North 260 29' 27" East 125.16 feet;
2. Thence South 470 32' 55" East 136.797 feet;
3. Thence South 410 16' 35" West (North 420 37' 00" East deed) 121.82 feet;
4. Thence along said Southwesterly boundary line North 460 44' 55" West (North 450
24' 00" West) 104.89 feet to the point of beginning.
LANDS OF SWEET
D.N. 83-33682
LOT 29
LANDS OF ANOLIK
D.N. 98-09884
17 O.S. 32
LANDS OF NOWELL
D.N. 96-33041
27 0.5. 39
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EXHIBIT "e"
LANDS OF CHASE
LOT 28
11 R.M. 37
N
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~ LANDS OF MAHABIR
It) D.N. 94-31827
LOT 13
N41 1613511E
121.821
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OPEN SPACE
EASEMENT
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LANDS OF ERB
. D.N. B5-53992
LOT 12
POINT OF BEGINNING
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LANDS OF SMARTI
D.N. 90-11993
LOT 11
12 R.M. 49
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118.44f
LANDS OF BRONTE
D.N. 96-:-33475
LOT 10
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LOT 8
LANDS OF THE
ANOLIK FAMILY
P ARTNERSHlP
PARCEL .Ct.
D.N. 96-66824
7 P.M. 78
EXHIBIT
OPEN SPACE EASEMENT
llBURON MARIN COUNlY CAUF'CfiNJA
filCALE:1. - SOl
IRA. II'l': A.Q.
DAm S/'n/frt LAWRENCE P. DOYLE SHEET 1 CF 1
LAND SURVEYOR/CIVIL ENGINEER
P.o. BOX 1609 MILL VAllEY CA 94942 415-388-9585
IIIA_G NO.
7498-01
RESOLUTION NO. 06-2002
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING A PARCEL MAP FOR THE ADJUSTMENT OF
LOT LINES ON PARCELS OF LAND LOCATED
AT 280 ROUND HILL ROAD AND 210 GILMARTIN DRIVE AND ALSO
ACCEPTING A GRANT OF OPEN SPACE EASEMENT AND APPROVING AN
AGREEMENT REGARDING BUNCHGRASS MITIGATION FEES
(ANOLIK: PD#27) ASSESSOR PARCEL NUMBERS 39-203-01 & 39-171-05
RECITALS
A Parcel Map proposing the adjustment of lot lines on two parcels of land has been
submitted by the property owner, Anolik Family Partnership. The map adjusts the lot
boundaries but does not result in the creation of additional lots.
The submitted map has been examined by the Town Engineer and returned to the Town
Clerk as required in Section 14.36 of the Tiburon Subdivision Ordinance.
The Town Engineer and Planning Department Staff have determined that the map is in
substantial conformance with an approved Precise Development Plan (Resolution No.
3439) and an approved Tentative Map (Resolution No. 2001-04) adopted on September 6,
2000 and February 14,2001, respectively, and that all required conditions of approval
have been met.
A grant of open space easement (by separate instrument) has been offered to the Town in
conjunction with the parcel map.
An Agreement Regarding Bunchgrass Mitigation Fees (by separate instrument) has also
been submitted in conjunction with the parcel map.
APPROV AL
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does approve the map entitled "Lot Line Adjustment, Parcel Map, Lands of
Anolik and Lands of Anolik Family Partnership" (3 sheets), prepared by Lawrence P.
Doyle, dated 2/26/01, and does direct that said map be duly recorded with Marin County,
together with a Declaration of Restrictions and a Release of Easement prepared under
separate instrument.
Tiburon Town Council
Resolution Vo. 06-2()()2
2/6/2002
BE IT FURTHER RESOLVED that the Town Council of the Town ofTiburon
hereby accepts the Grant of Open Space Easement (to be recorded under separate
instrument) and approves the Agreement Regarding Bunchgrass Mitigation Fees (to be
recorded under separate instrument) and authorizes the Mayor to execute both documents.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon on February 6,2002, by the following vote:
AYES: COUNCILMEMBERS: Fredericks, Gram, Matthews, Thompson
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Slavitz
~ 71f~-s
HARRY &fA TTHEWS~ MAYOR
TOWN OF TIBURON
ATTEST:
H:wpdocsl Anolik parcel map2002.res.doc
Tiburon Town Council
Resolution No. 06-2002
2/6/2002
2