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HomeMy WebLinkAboutAgr 2008-08-08 (McMullen) ,~ 'III III 1111 11111 ""111111111 11111 ! Recording Requested By: _I/~ Town of Tiburon, Marin County, CA 1. ~ k\ When recorded mail to: ~~own ofTiburon Diane Crane Iacopi, Town Clerk 1505 Tiburon Blvd Tiburon, CA 94920 2008-0044189 Recorded I REC FEE 0.00 Official Records I County of I Harm I JOAN C. THAYER I Assessor-Recorder i I I a ~:19PM 23-Sep-2008 I Page 1 of 13 h.r t>Q.~~~ 0\ ~b\j\.(cl\ (~~ SPACE ABOVE THIS LINE FOR RECORDER'S USE Document Title Memorandum of Encroachment for 2105 Mar East Street, Tiburon, CA 94920 THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ADDITIONAL RECORDING FEE APPLIES MEMORANDUM OF ENCROACHMENT PERMIT CONDITIONS THIS MEMORANDUM OF ENCROACHMENT PERMIT CONDITIONS, is made and executed at Tiburon, California, this '6 \- "'- day of AlAi 'j + , 20.!S-, by and between M ic..JrlAe\ (Vt <. VYtu. \\-i> ~ i~ 'k 0.... r e,^ lr11.L 1{ \-e '"'" ' ("Owners") RECITALS 1. Owners are the owners of that real property located at .:2 I oS- M..,. ~Q~+ , Tiburon, California. 2. On,;r- w~ .:LA , 200'i' , Owners filed with the TOWN OF TIBURON, a Municipal Corporati n ("Town"), an applIcation for encroachment permit for the constructIon of the improvements described in Exhibit A, which is attached hereto and incorporated herein by reference. 3. Owners proposed to construct said improvement on the public right-of-way or public land known as (APN, ADDRESS)oS-r""S*-of. a./OS MIII4 ~- ~+; ~J)rt)f cb4.""",,<.o . f 4. On ~I~ ..3D ,.,,,C)Q , 20_, Town granted a revocable encroachment permit (No. 0 8 - #if' ) ("Perinit") to Owners allowing the construction of said improvement subject to conditions of approval ("Permit Conditions"). The Permit Conditions include, among other things, the requirement to maintain the improvements to safe, clean, and serviceable level, and that Owners remove said improvement at Owners' expense in the event that that the Town requested such removal to accommodate future plans to improve said right-of-way or public land. NOW, THEREFORE, OWNERS ACKNOWLEDGE THE FOLLOWING: 1. Upon 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. 2. Upon the failure of owners to comply with any of the Permit Conditions, Town 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. The Permit Conditions are covenants and servitudes running with the land and shall be binding upon Owners, and their successors, assignees, executors, administrators and personal representati ves. 1/2 4. This Memorandum includes Exhibits A, which are attached hereto and incorporated herein by reference. ER(S): ' ~~ utiwv (To be recorded at the County of Marin) See attached &~n~O~O~ \l.q~ U (, Huu..rcw -r M,~a.... t1c.~,,~ 2/2 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of ~n who proved to me on the basis of satisfactory evidence to be the person~whose nameG)-is'/are subscribed to the within instrument and acknowledged to me that1lefsfte/they executed the same in hblil\.ll/their authorized capaci~ and that by ~/their signatur~ on the instrument the person(S)) or the entity upon behalf of which the perso~cted, 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. WI Signature of Notary Public DESCRIPTION OF THE ATIACHED DOCU1\ffiNT ~W 6-t~~~~ (Title or description of attached document continued) ~\" ) Number of Pages L Document DatlJ<<.,(J6~ (Additional information) CAPACITY CLAIMED BY THE SIGNER o Individual (s) o Corporate Officer (Title) o Partner(s) o Attorney-in-Fact o Trustee(s) o Other 2008 Version CAPA vl2,lO,07 800-873-9865 www.NotaryClasses.com I · . 1 ii.......:.,., F. CRUZ ? :;::" . ., COMM. # 1772042 ~ .::::.. Z ~. ". . NOTARY PUBLIC - CALIFORNIA s: I <. ...:... SAN FAANCISCO COUNTY ..... (N tary S . My Cc.Jf.n.m. Ex. pires Oct. 6 2011 J o ea... . _? _ ." .'>1INNJ .;'.. ' _ PTI NAL INFORMATION INSTRUCTIONS FOR COMPLETING TIllS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as. may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required · State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. · Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. · The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public), · Print the name(s) of document signer(s) who personally appear at the time of notarization. · Indicate the correct singular or plural forms by crossing off incorrect forms (i,e. helshe/they, is /aFe ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. · The notary seal impression must be clear and photographically reproducible, Impression must not cover text or lines, If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form, · Signature of the notary public must match the signature on file with the office of the county clerk. .:. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. .:. Indicate title or type of attached document, number of pages and date, .:. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i,e, CEO, CFO, Secretary). · Securely attach this document to the signed document ENCROACHMENT PERMIT APPLICATION Town ofTiburon · 1505 Tiburon Boulevard · Tiburon. CA 94920 . (415) 435-7354 . Payment Amt: ~ ~CheckNo: ~~ o Cash FOR OFFICE USE ONLY APP Encroachment Permit No: OS-- f:/{ Date Received: .., /.z. s /t!J8 , 'Yes 0 No o Notes: ~J ~pection Required. Contact Public Works at 435-7399 two days before starting work. o ~erfonnance Bond / Deposit required W'" Additional Conditions Apply - See Attached List. I CONDITIONS OF APPROVAL: S ~ ~"W &JL--- C" --<6 e 1'7Cwv'~ Plan Attached: ~ ~~ ~f/6~e APPI1 ed by Public Works Appr val Date -~ ~h~ penuit 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 Encroachment 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 has been reviewed and granted, the applicant will be notified to pick up a copy of the approved application which serves as the permit. When the project is completed, a final inspection will be perfonned. Ifrelated to a building project, occupancy pennit will be withheld until final Public Works approval. '2 \ () S- 'VV\ t-u- e ~-t- J S~ l!..I> ,h,. ~ Location of Work & Nearest Cross Street'n ,l \ ""'- lt~e ofPrqperty own..er . r~f'c..CA' ~ Ul' ' \- S" lltM.. Cl Description of Proposed Work - Attach any drawings, dOCWDents, schematics, and written description to illustrate your scope. For driveways, specify type of surfacing and size of culvert, if applicable. .- L~do~< ~~i \-\ ~ I ~(l~t '~~~~::-tb ~l ~ t'~ ~ , ~Q 0 (;" Ii -j - _: ~ k. ~__ ~:.--<U: __ _ @::l__1 _ _~Cl LU\ ""; . ~i L- ~ - . Estimated Completion Date: ~l':-f? Name of Contractor Licen~e No. - a. . 4 i 5:'- L S-2... (':, ~~ J (Area Code) Phone Number The undersigned hereby applies for permission to perform the above described work and/or otherwise encroach on Town of Tiburon right-of-way or property pursuant to any required building permits. Applicant agrees that all work shall be performed in accordance with the rules, regulations and standards of the Town ofTlburon, in addition to the General Provisions or Special Conditions as applicable. All work shall be subject to inspection and approval by the Public Works Department. Applicant agrees to indemnify, defend and hold the Town ofTiburon, and its employees, agents, and officials, honnless from any claims, losses or damages that may arise from Applicant's exercise of this encroachment penn it and any other pennit granted by ~~~;, ~Qest L. I',,,,,,~ Applicant's Signatu~~ Date: 4:~_l)~ (F.'I#I'a,t ~ It ~ 'e I: I ! I ~ -+ r j ~- j j ! I i I i I ~~ " N -M' , -- :, , 1~ ------------------------- --.----- ---~ r:) i \ 21 05 Mar East ,( II -'---'95-- --, II I I~ I II I I( o,s 1,- _ _ _ Mar East Existing stone wall J , , , , , , , , , , , , .. , .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. , .. .. , .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. , ", New Lanscaping ..... New stone curb~ ...... ...... .... DIWN.4.G EXITS AT STREET Mar East .... ...... ...... ...... ...... ........ ...... ........ ........ .... ... ....... -..--. '.~K ~ AO,;L iiiT. -"R.. ~I i I \~ c.r I -l ~ -. C -- -------M ~_Ir. ----------- : ----------~----~~~'~;L:~~~:~ I) ~ : ,. -. I.) PIPE 1_ I ! --. (E) <4!' PEIlF, PIFE r ! UNDERORAIN, V,l.f . 'E 21 05 Mar East II I( II ----'95--- r ( I I( I I( 1 I( o.s I... _ _ _ ~l do <(" ~ s cl r et...10 -: "-) s l-u, ..,~ ~ ~;.s~\~ woJk- ~ )~~ +" ~ C!...~ .. c9~ Mar East ~J-' 4/l$'t. 09- ~t9. (91$'~ 6>~ ~6> J '0' ~Q ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .. .. .. .. ~ .. .. .. .. .. .. .. .. .. ~ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ~ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..~ ~~ ~ ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ---.. ------. Mar East c:K. --A- ~~ 2105 Mar East Description of Proposed Work. Under this encroachment permit and related Memorandum of Encroachment, we will maintain landscaping and irrigation on Town of Tiburon right-of-way adjacent to our property and driveway (2105 Mar East) along north edge of Mar East. We will also build and maintain a stone curb along Mar East, adjacent to the east side of our driveway (the driveway and curb adjacent to the west side were built under encroachment permit 04-41). E:. -A. f>'..{- TOWN OF TIBURON PUBLIC WORKS ~PERMIT CONDITIONS - Permit No. t:Je.J:j1 Note: The following standard and cheqked (.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 Application, the following conditions and special conditions will supersede and prevail. 2. ACCEPTANCE OF THE PROVISIONS: It is understood and agreed by the Permittee that all c~nditions have been read, and understood. The Permittee agrees to comply with all conditions. 3. KEEP PERMIT ON WORK SITE: This permit, or a complete copy, shall be kept at the site 6fthe 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 permits required by other public or private agencies or individuals necessary in order to perform the intended work. It shall be the responsibility of . the Permittee to notify the utility and cable TV companies prior to starting any construction that may involve th~ir underground or overhead utilities. 5. INSPECTION NOTIFICATION: Apreconstruction meeting or discussion will occur. The Permittee shall . notlfythe Maintenance Division at (415) 435-7399 a minimum of two (2) working days prior to the performance of any work under this permit. Permi~ee will provide construction schedule, initially and . periodically, and contact information. Allwork must inspected prior, during, and after backfill, or re- excavation will be required at Permittee's expense. 6. ' CONSTRUCTION METHODS: Any work performed without inspection or contrary to discussions with the Town's inspector, the Marin County Public Works Uniform Construction Standards, (latest edition), Caltrans Standard Plans (latest edition) or. approved plaiJ.s shall be deemed non-complying and will not be accepted by the Town. Attention is called to the following special provisions: (a) ~ Underground line (e.g. conduits, ma~, service~) installation will be neat open cut. (b) ~ Cement slurry backfill for trenches. is required unless proper compaction can be demonstrated as per attached standards or greater. (c) / A minimum of six (6) inch saw-cut. and removal of pavement beyond trench edge lines .will be required. . (d) ~ If trench is within three (3) feet of edge of curb/gutter, saw-cut and removal will continue to the edge of gutter. ' (e) '" All PCC concrete replacement will be full panel, score line to score line, or as directed by the Inspector. (f) vi Plating of trenches will be allowed for up to five .(5) calendar days. Ramping of plates is required. (g) vi All cement slurry backfill and paving will be completed within ten (or 10 ) calendar days of excavation for each 100-foot section of pipe installation. (h) ,,-I Backfill, required compaction, final AC paving and/or PCC replacement will be conducted within ten (or to) calendar days of excavation. (i) Temporary repairs to existing grades, backfilling, and making the work site safe are required. Town of Tiburon - PW Pennit Conditions - Pennit No. 'tp 8'..."1 1 of4 (j) Others: 7. WORK HOURS: All work shall be restricted to 8:00 am (_) to 5:00 pm (_), Monday - Saturday (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 "Manual <;>f Traffic Controls for Construction and Maintenance Work Zones", as published by the State of Cali fomi a, 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 insurance 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 utilities. 11. _ GUARANTEE: For a period of one "(or ) year after acceptance by ~he 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 constru~tion materials and debris shall not be stockpil~d or stored on the Town right-of-way, except as approved by the Town. 13. PUBLIC CONVENIENCE: ~. (a) The Permittee shall conduct his operations as to offer the least possible obstruction and inconvenience to the public and abutting property owners, and he shall have ,under construction no greater amount of work than he can prosecute properly with que regard to the rights of the public. . (b) Spillage resulting from hauling operations along or across any publicly traveled 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 Permittee's expense. Action may include using 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 Permittee may USe water from a fIre hydrant for this purpose provided he first ob~ains 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 Permittee 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 provisions for ADA accessibility shall be required. Town of Tiburon - PW Permit Conditions - Permit No. ef-' I 20f4 14. EROSION AND SEDIMENT CONTROL MEASURES: The Permittee is obIlgated to insure compliance .with all appiicable'.stOl1Jlwater regulations at all times. The BMPs (Best Management Practices) ~ccording to the Marin Co~t.Y Stoimwat~r Protectio~ Program (MCSTPP) shall be ,implemented and,niaiiltained to effectively preve#t the potentially negative 'impacts on this project's construction activities ~Il sto!IDwa~er' quality., TIi~ maintenance. ofth.e BMPs is the,peImittee's responsibility, and failure to properly install or majntain the BMPs may result in enforcement action by the Town or others. Ifinstalled BMPs fail, they must be repaired or replaced with an acceptable alterna~e within 24 hours, ,or as soon as safe to do so. (a) Stockpi;}es of soil, materia~, and wastes shaU be propeTly contained to minimize sediment transport from the site to streets, drainage facilities or adjacent properties via I1J1l0ff; vehicle tracking, or wind:, . , (b j ,Attention is called to Sto1'1D:water Best ~anag~ment Practice Handbook Cons~ctipn BMP Fact Sheets: SWeepii1g and Vacuuming, Starin Drain Inlet Protectio/t Stockpile Management, Spill . Pr,evention a:uJ Control and Concre(e Waste Ma,nagement. ' 15. CLEAN UP: Upon ~omp]etion of d8iJ~ ~ork the Permittee shall clean tbe right-o~way of all rubbish, , coi1struc~ion debriS, trees, brush,. exc~ss' materials, tenip~raiy structlD"es and eqirlpm~t:, . , . , " . . 16. SAFETY:, . , (a)' The Pemiittee slu1ll be solely an4 ~ompletely responsible for the conditions of the joli ~iteJincluding safety,' and shall not be limited to normal workiDg hours. , Work 8l)d Safety pro~ionS .~ .QOnform .to ' all applicable Federal, State, and .1oc8J laws, or~ces, and'codes, and to the rules and regulatiolis' . establiShe~ by the ~oiDia Divisi~n of Industrial Safety applicable to the.work. . :"." (b), The s~ces of,ne . inspeCtor .~conducting constroction review oftbe' Pennittee'sperfo~ai1ce is not , intendeq. to incl11d~ review'offhe adeqUacy of :the Permittee's' work methoCb or safety Dieasur~s, in, .on, or.near the ConStruction ~ite,an~ shall 'not be' construed as supervision oftbe aCtUal construcii~n nor m'ake the Inspector or the ToWn responsible 'Qi' providing a safe place for the performilnce of work by the P~rmittee, or ~bcontractors; ~ f~r aCcess, visi~, uSe wo~ travel or opcUp~CY by any person. ", , . . . ". '. . . , (c) The Petnii~~ Shall ~fu]]y bistruct'all personn~l working in potentiBny hazardous work ~ .as to potenti8:l qangers and shall provide ~ch ne~essaiy safety equip~ent .~ inStruction as isneC?essary to prev~~ mj1iry'~ pers~nneland ~ag~ to property. . " " . ." " .,' . . (dJ shoring arid Trench Safety Pian, .. Attention is directed to Section 832 ,of the Civil C.ode of the State of California, Section 6705 of the State Labor Code, and the COD$Uction Safety orders 'of the, S~te of California Division of Industrial Suety. . ] 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 undergro~d 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 Pemuttee's expense. ' (b) The Pennittee shall protect against injury any pipes, conduits or other structures crossing any trenching or encountered in ,the work_ and shall be responsible for any injury done to such pipes or structures, qr ' damage to property resulting therefrom. He shall support or replace any sucb structures without delay. . . (c)' The Pem1ittee is cautio.ped .th~t be must replace all improvements in rights-of-way and within the ' public streets to a ~oi1dition equal to what existed prior to his enil.Y onto 'the job. 18. RESPONSmlLITY FOR REPAIR OF FACILITIES: All public orpiivate facilities, including but not .limited to structures, telephone cables, roadways, curbs, gutters, patking lots, private drives, and storm drains disturbed duting construction of the work shall be repaired andJorreplaced by the Pennittee to match facilities existing Town of Tiburon - PW Pemlit Conditions - PeI1l1it No. ~91 3,of4 prior to construction. In addition;"the Pennittee shall 'be responsible ror 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 refus~ or neglects to make good any loss or damage .fQT 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 Pennittee. 19. CONTRACTOR'S LICENSE NOTICE: Contractors are required by law to be licensed and regulated ~y the Contractor's State License Board. 20. INDEMNIT)': The Pemiittee specifically obligates himself and hereby agrees to protect, hold free 8:Dd harmless, defend and indemnify the Town, the ;Engineer and his cpnsultants, IJnd each of their officers, employees and agents, from any and all liabilitY, penalties, costS, losses, damages, eXpenses, causes of action, claims or judgments, including att~mey's fees, which arise out of or aTe in any ,way conn~cted with the Pei1nittee's, his Contractox:~s, or his subcontractors' or suppliers' performanC?e ofworlqmderthis Permit To the extent legally permissjble~ this indemnity and hold ~armless agreenlent by the Permittee shall apply to ~y acts or ()missi~ns, w~ether' active or passive, on the part of the permittee or his agents~ employees, representatives, or .S1Jhcontractor' S , ' ~gents, employees and r~PJ:Csentative$, resulting in liability irrespectjve of whetlim: or Botany a$ or omissions . of~e parties to be inde~ed hereunder may 81so .have been a contn"buting &etar to the liability. Urness . waived,' Permittee shall include the Town, the Engineer and his consultBnts; and each of their officers, employees and agents as additional insureds on ~eir policy and insurance documents sball besnbJDltted to the Town ~orto'wodc ccimmenCing., ,... . .. .. . ..'f . 21. OTHER: "- ,..'( . .