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Recording Requested By:
Town of Tiburon, Marin County, CA
201218-0044188
Off Recorded I REC FEE 0.00
,icial Records I
County of I
Marin I
JOAN C. THAYER I
Assessor-Recorder I
I
I a
02:19PM 23-Sep-200B I Page 1 of 10
When recorded mail to:
Town of Tiburon
Diane Crane Iacopi, Town Clerk
1505 Tiburon Blvd
Tiburon, CA 94920
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
Document Title
Encroachment Agreement for 4 Malvino Court, Tiburon, CA 94920
THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
ADDITIONAL RECORDING FEE APPLIES
ENCROACHMENT
AGREEMENT
THIS AGREEMENT. made and entered into at Tiburon. California.
this ~ day of ~~ ,201L, by and
between Me.t'.sse.. ~I b. x../#-If- IYt.J V .""0 ef-;; ~. t!ls.6f'f4f:u.
dl)f~ TO~ ,,# 'TT'k~
hereinafter referred to as "Owners", and TOWN OF TIBURON, a Municipal Corporation,
hereinafter referred to as "Town".
WIT N E SSE T H:
WHEREAS, on ...:r-~~ -<.~
,201:)8 owners file~ with TQwn an
application for encroachment permit for the construction of the improvement further described in
attached Exhibit "A"; and . ,
WHEREAS, said improvement was proposed to be constructed on the public right-of-way or
public land known as
4 Nf.J V ..." 0 (!IlH.u1r; TTb ~ I ct.,tf ...,..,.. '" ~o ; and
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WHEREAS, on "7' /r -I- '" g , Town granted a revocable encroachment pennit
(N o. '(1) - S 3 ) to owners allowing the construction of said improvement subject to, among other
things, owners' agreement to remove said improvement at owners' expense upon the eventuality of
Town's future plans to improve said right-of-way or public land; and
WHEREAS, owners have constructed said improvement pursuant to said encroachment
permit;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. That up~n receipt by owners of a certified copy of a resolution of the Town Council of the
Town of Tiburon evidencing the intention of Town to improve said right-of-way and requesting
owners to remove said improvement, owners will, exclusively at their own cost and expense, within
forty-five (45) days from receipt of said resolution, remove or cause to be removed said
improvement.
1
2. That upon the failure of owners to comply with any of the agreements contained herein,
T own may declare said improvement to be a public nuisance and may take such action as may be
authorized by law to abate said nuisance. The remedy of Town as contained in this paragraph shall
not be exclusive.
3. That the agreements contained herein are covenants and servitudes running with the land
and shall be binding upon owners, and their successors, assignees, executors, administrators and
personal representatives.
IN WITNESS WHEREOF, the parties hereto have signed and subscribed this Agreement in
the day and year first above written.
MeLllS.5A CL ':l;.
E"LL\ 0';- ~A:c..
TOWN OF TIBURON:
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APPROVED AS TO FORM:
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Ann Danforth, Town Attorney
Attachments: Exhibit A
2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~~~~~~~~
State of California
County of ,5:\.\"'\ FrO-f\C~ SC(~
On HCu.s+ idl :J.,'Y:fl before me,
Date
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E.~/'l' Ko-~, ~ e.., ~
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personally appeared
E l \ ~ o+r E \ 10 (\"1- c:A..r\d yY\~\: ~ ~ C\ lC \ b Q."L
Name(s) of Signer(s)
who 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 signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITN ESS my hand and official seal.
Place Notary Seal Above
Signature
E0L~
Sign e of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Ene (nC\..c/hvYlen--\--
Document Date: G~ 't d-OO ~
Signer(s) Other Than Named Above:
A c:)'Ve e(Y\en t.
Number of Pages: 1-
Capacity(ies) Claimed by Signer(s)
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
Top of thumb here
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
RIGHT THUMBPRINT
OF SIGNER
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
Signer Is Representing:
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~"g,
@2007 National Notary Association. 9350 De Soto Ave., P.O. Box 2402' Chatsworth, CA 91313-2402. www.NationaINotary,org Item #5907 Reorder: Call Toll-Free 1-800-876-6827
Payment Aint: 4J.Ll. -' \J.-~ ~)
EXw.BltIT .."",
ENCROACHMENT PERMIT APPLICATION ....
Town ofTiburon · 1505 Tiburon Boulevard · Tiburon. CA 94920 · (415) 435-73 4 AP VEe
A _ ,- - t, 1'-
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FOR OFFICE USE ONLY ,/, .0 01r-6>f ~
Encroachment Permit ~: O~ -~ 3
Date Received: ., k- 0 g
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Plan Attached: JS{ Yes 0 No
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o Check No:
o Cash
Notes:
=
rri'" Inspection Required. Contact Public Works at 435-7399 two days before starting work.
o ./Performance Bond / Deposit required
M Additional Conditions Apply - See Attached Lj~
K
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ApproZ"{:;:~
The permit is valid for 6 month from approval date, unless otherwise stated.
APPLICATION INFORMATION
Basic applications (e.g., driveway resurfacing or routine utility connections) are reviewed by the Public Works and usually
granted within 5 to 7 business days. The basic Encroaclunent Application fee is $85 with a $150 Inspection Fee (for I
inspection). Applications for more involved projects are reviewed by the Town Engineer and there may be an additional fee
charged. After the encroachment application bas been reviewed and granted, the applicant will be notified to pick up a copy
of the approved application which serves as the permit. Wlien the project is completed, a final inSpection will be perfonned.
[frelated to a building project, occupancy permit will be withheld IDltil final Public Works approval.
4- M iVi (D {f / (.][iOc-;;'T ~jfi{1SA CLbA-t-
Location of Work & Ne est Cross Street Name of Property Owner
Description of Proposed Work - Attach any drawings, documents, schematics, and written description to illustrate your
scope. For driveways, specifY type of surfacing and size of culvert, if applicable. ~ '11. U ~
Estimated Completion Date:
I ,IA1V) rlrrvj--
Name -df Contractor
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Estimated Start Date:
M LilA SS A- GU?1'r~
Name ~PPIiCant ~ _ .
. \ S "/l'/t1" <;/z,--{
(Area Code) Phone Number
License No. 41 ~ '1</ q t{;! g 2-
(Area Code) Phone Number
The IDldersigned hereby applies for permission to perfonn the above described work andlor otherwise encroach on Town of
Tiburon right-of-way or property pursuant to any required building pennits. Applicant agrees tbat aD work shall be
performed in acco,rdance with the rules, regulations and standards ofthe Town of Tibnron, In addition to the General
Provisions or Sp cial Conditions as applicable. AII work shall b bject to inspection and approval by the Public Works
Department. App 'cant agrees to' emnifY, d nd~, old Town\,fTiburon, and its employees, agents, and officials,
hannless from any c . s, Josses 0 damage that may' ise Applicant's exercise of this encroachment pennit and any
other pennit granted by t~., roofo insuranc~As re e ,/ :Jt. i I
("~ // ''----( ~ // H ) / (J
Applicant's Signature; . -- . / Date: 71 , _ U 1\
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TOWN OF TIBURON UG 1 52008 Ill)
PUBLIC WORKS PERMIT CONDITIONS - Permit No. ~- b
'- UI~t::CI',);'( ~<.r=,~<, ',\fORKS
TOWN Of TI8URON
Note: Thefollowing standard and checked ("J conditions apply to this permit.
1. APPENDING LIST OF CONDITIONS: In the event. that these following conditions conflict with the
conditional'notes and language found in the Permit AppIicatio~ the following conditions and special conditions
will supersede and prevail. '
2. ACCEPTANCE OF THE PROVISIONS: It is understood and agreed by the Pennittee that all conditions'have
been read, and ~derstood. The Permittee agrees to comply with al,l conditions. .
3~' KEEP PERMIT ON WORK SITE: This permit, or a 'complete copy, shall be kept at the site of the work and
,upon request must be shown to any representative of the Town or any law enforcement officer.
4. PERMItS FROM OTHER AGENCiES: Permittee must obtain all other pennits required by other public or
private agencies or individuals necessary in order to perform the intended work. It shall be the respo;nsi~ility of
. ,the Permittee to 'notify the utility and c~ble TV companies prior to starting any construction that may involve
. thvir underground' or overhead utilities. '
, ,
5. INSPECTION NOTIFICATION: A'preconstruction meeting or discussion will occur. The Permittee shall
. notify the Maintenance, Division at (415) 435-7399. & minimum Qf two (2) working days~frior to the
performance afany work under this permit.' Permittee~ll provide consvuction schedule, UiitiaUy'and.
. periocUcally, ,and contact inforinatio~. A-I1 work must inspected prior,. during, ~nd after backfm, or re-' :
excavation will be required at Permittee's ~~pens~. '
-.' .
.6. ' CONSTRUCTION METHqDS: Any workperformed without inspection or contrary to discussions with the
, ToWn's inspector, the Marin County Public Works U~orm ConStruction Standards, (latest edition), Caltrans
Standard Plans (latest edition) or' approved plan.8. shall be deemed non-complymg .andwill n~t be accepted by
, the Town. Attention is called to the follqwing special provisi~ns: ' ,
. (a) 2dergroUD,d, lin" e,' ,(e.g. CO~dU,IiS' m" ams,.' services) installation win be:eI!t open cut.
(b)' Cement slmry backfill for trenches is required unless proper compaction can be
demon.strated as per att8~hed standardS or 'greater. .
(c) ~ mlnimum of six (6) inch saw-cut and removal ofpavemimt beyond trench edge lines win
be required. . . . . " '.
(d) htrench is within thiee (3) feet of edge of curblgutter, saw-cut and remov8J will contin~ to
~eofgUtter. ... . .
(e) All PCC concrete replacement will be full p~e~ score line to score line, or as directed by the
Inspector. '
(f) ~Jating of trenches win be allowed for up to five(5) calendar days. Ramping of plates is
requir", ,
(g) L All cement slurry backfill and paving will be completed within ten (or 1(2) calendar days
of excav tion for each IOO-foot section of pipe installation.
(h) . Backfill, req,uired compaction, finaIAC paving and/or PCC replacement will be conducted
within ten (or ~ ) calendar days of excavation.
(i) Temporary repairs to existing grades, backfilling, and. making the work site safe are required.
Town of Tiburon - PW Permit Conditions - Permit No. ~
Iof4
G) Others:
7. WORK HOURS: All work shall be restricted to 8:00 am ( _ ) to 5:00 pm ( _ ), Monday - Saturda;
(excluding holidays) or as directed by the Engineer. Work at times other than. regular workdays requires
additional compensation for overtime inspection and written approval from the Town.
8. TRAFFIC CONTROL: Construction traffic. control shall conform to the current edition of the "Manl:lal of
Traffic Controls for Construction and Maintenance Work Zones", as published by the State of California.,
Department of Transportation. Provisions shall be made for lighted barricades, delineators, traffic control
personnel during construction and excavation.
9. PERMIT EXPIRATION: This pennit is valid for a period of six (6) months or until liability insmance expires,
whichever comes first. . ,
10. UNDERGROUND SERVICE ALERT: Permittee must notify Dig Alert network at least 48 hours 'in advance of
start of work for location of underground utilitle$.
11. _ GUARANTEE: For a period of one '(or ) year after acceptanceby~e Engineering
Division, the Permittee shall guarantee all work performed under this permit. Any failure caused by defective
materials or workmanship shall be promptly repaired or replaced at the Permittee's expense:
12., STORAGE OF MATERIAL: Excavated material, sand, gravel, or any construction materials and debris shall
not be stockpi1~dor stored on the Town right-of-way, except as approved by the Town.
13. PUBLIC CONVENIENCE:
(a) The Pennittee shall cond':lct his operations as to offer the least possible obstruction and inconvemence
to the public and abutting property oWners, and he shall have Under construction no greater amount of
work than he can prosecute properly with due regard to the rights t>fthe, public.
.(b) 'Spillage resulting from hauling operations along or across any publiCly 1ra.veled way shall be removed
immediately by the Permittee at his expense. As applicable, noxious fumes and smells shall be
mitigated to the satisfaction of the Town, at the P~e's expense. Action may include usmg
alternative material or relocation of material until installed.
(c) Convenient access to driveways, houses, and buildings along the work shall be maintained and
temporary approaches to crossings or intersecting'highways shall be provided and kept in good
condition.
(d) If ordered by the Inspector, water shall be supplied by the Permittee for the alleviation or prevention of
dust nuisance. The Pennittee may USe water from a fire hydrant for this purpose provided he first
obtains any. appropriate Fire Hydrant Permit.
(e) In order to expedite the passage of public traffic through or around the work and where ordered by the
Inspector, the.Permittee shall install signs, lights, flares, barricades, and other facilities for the sole
convenience, safety and direction of public traffic.
(f) Also, where directed by the Inspector, the Pennittee shall provide and, station, at Permittee's expense,
competent flag-persons whose sole duties shall consist of directing the movement of public traffic
through or around the work. Flag-persons and guards, while assigned to traffic control, shall perform
. their'duties and shall be provided with the necessary equipment.
(g) Pedestrian access shall be maintained and prolfisiOOs.for. ADA accessibility shall be required.
Town of Tiburon - PW Pennit Conditions - Permit No. ~
20f4
l4. EROSION AND SEDIMENT CONTROL MEASURES: The Permittee is obIi'gated to insure compliance
)\'ith all applicable'stonnwater regulations at all times. The BMPs (Best Management Practices) ~ccording
to the Marin CountY StoTmwat~r Protection Program (MCSTPP) shall be .implemented and maintained to
effectively preve~t the potentially negative 'impacts on this project's construction activities on stonnwa~et
quality.. The maintenance ofth.e BMPs is the permittee's responsibility, and failure to properly install or
maintain the BMPs may result in enforcement action by the Town or others. If installed BMPs fail, they
must be repaired or replaced with an acceptable alternate within 24 hours, or as soon as safe to do so.
(a) Stockpiles of-soil, material, and wastes shall be propedy contained to minimize sediment transport
from the site to streets, drainage facilities or adjacent properties via ~ort: vehicle tracking, or
wind~. . .
(b) Attention is called to Stormwater Best ~anag~ment Practice Handbook Cons~ctipn BMP Fact
Sheets: Sweepi-hg and Vacuuming, Starin Drain Inlet Protection~ Stockpile Management, Spill
P,:evention a!'f1 Control, and Concre!e Waste Ma.nagemcmt. .
15. CLEAN UP: Upon completion of daUy ~ork the Permittee shall clean the right-of':'way of all rubbish,
, construction debris, trees, brush,. excess' materials, temporaiy structures and equipme~t
16. SAFETY: .
. .
(a)' The Permittee sh~ll be solely an~ ~ompletely responsible 'for the 'conditions of the jOD ~ite,including
. safety, and shall not be limited to normal workirig hours. . Work. and Safety pro~ionS .shall.conformto
all applicable Federa~ State, and locaJ laws, ordinances, and'codes, and to the rules and regulations.
. establisbe~ by the Califorrna Divisi~n oflndustrial Safety applicable to the work. .
(b). The services of~e InspeCtor.~ conducting construction r.eview of the' Permittee's perfoI:JllaDce is not
intende4 to include review'ofth~ adeqUacy of the Permittee's' work methods or safety measur~s, in, on,
or near the cOns1rUc1:i~i1 ~ite, and shall'not be' construed as supervision of the actual cons1roctio:n nor
m'ake the Inspector or the Town responsible for providing a safe place for the perfornUmce of work by
the Permittee, or subcontractors; ~ f~r access, visi~, uSe wor~ travel or .opcUpa.t;lcy by any person. ,
(c) The Petniitte~ShaIl '~fully instruct all personnel working in 'potenti8ny hazardous work .easas to
potentia) ~gers and shall provide such ne~essaiy safety equip~ent aiid instruction as is ne~essary to
preve~t injUry t~ personnel and 4amag~ to property. '
(d) Shoring arid Trench Safety Plan - Attention is directed to Section 832.ofthe Civil C.ode of the State of
California, Section 6705 of the State Labor Code, and the Construction Safety Orders of the. S~te of
California Division of Industrial Safety.
] 7. PROTECTION OF PERSON AND PROPERTY:' .
(a) The Permittee shall take whatever precautions are necessary to prevent damage to all existing
improvements, including above ground and underground utilities, trees;. shrubbery that is not
specifically shown to be. removed within or adjacent to the work. If such improvements or property are
injured or .damaged by re~on of the Permittee's operations, they shall be replaced or restored, at the
Penmttee's expense. ' .
(b) The Permittee shall protect against injury any pipes, conduits or other structures cross~ any trenching
or encountered in .the work and shaIJ be responsible for any injury done to such pipes or structures, or
damage to property resulting therefrom. He shall support or replace any such structures without delay. '
(c) The Permittee is cautioned that he must replace all improvements in rights-of-way and within the
public streets to a condition equal to what existed prior to his entry onto 'the job.
. .
18. RESPONSIBILITY FOR REPAIR OF FACILITIES: All public or private facilities, including but not limited to
structures, telephone cables, roadways, curbs, gutters, parking lots, private drives, and stoim drains disturbed
during construction of the work shall be repaired and/or replaced by the Permittee to match facilities existing
Town of Tiburon - PW Permit Conditions - Permit No. e e~
3of4
, ,
prior to construction. In addition; the Pennittee shall "be responsible for any settlement damage.,to such facilities
or adjoining areas for. a period mentioned in Item 11- "Guarantee" after acceptance of such required facilities,
In the event the Pennittee refuses or neglects to make good any loss ordamage.fQr which he is respon~'ible
under this Pennit, the Town may itself, or by the employment of others, make good any such loss, or damagE.:
and all cost and eXpense of doing so shall be charged to the PeIll1ittee.
19. CONTRACTOR'S LICENSE NOTICE: Contractors are required by law to be licensed and regulated l?y the
Contractor's State License Board.
20. INDEMNITY:
The Pemiittee specifically obligates himself and hereby agrees to protect, hold free apd harmless, defend and
indemnify the Town, the Engineer and his cpnsultants, E}nd each of their officers, employees and agents, from
any and all liability, pena1ti~$, costS, losses, dam~es, eXpenses, causes of action, claims or judgments,
including att~mey's fees, which arise out of or are in any .way conn~cted with the Peimittee's, his ContractoT!S,
or his subcontractors' or suppliers' performance of work. under this Permit To the extent legally permissible,
this indemnity and hold ~armless agreement by the Pennittee shall apply to ~y acts oromissi~ns, whether
active or passive, on the part of .the Permittee or his agents~ employees, representatives, or S~bcontractor' s .
~ents, employees and re~sentatives, resulting in liability irrespective of whetlim: or Dot any a~ or omissions,
of~e parties to be inden1nmed hereunder may also ,have been a contributing factor to the liability. Uruess
waived, Permittee shall include the Town, the Engineer and his consultants; and each of their officers,
employees and agents as additional insmeds on their policy and insurance documents shall be subm.ltted to the
T~wn prior to 'work commenCing. " '. I ~ .
21. OTHER: