Loading...
HomeMy WebLinkAboutAgr 2008-07-19 (Taylor) ~ ~ Recording Requested By: .~~ Town of Tiburon, Marin County, CA ~ When recorded mail to: 1111 III 111111111111111' 11111111111 Town of Tiburon Diane Crane Iacopi, Town Clerk 1505 Tiburon Blvd Tiburon, CA 94920 2008-0044190 Recorded I REC FEE 0.00 Official Records I County of I Marin I JOAN C. THAYER I Assessor-Recorder I I i a ~2:21PM 23-Sep-2008 I Page 1 of 11 n( btl\L-\~\ C~ 1'Tbv.rc~ C; SPACE ABOVE THIS LINE FOR RECORDER'S USE Document Title Memorandum of Encroachment for 1860 Centro West Street, Tiburon, CA 94920 THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ADDITIONAL RECORDING FEE APPLIES JUL-l~-c~~~ FRI 10:20AM ID: 07/18/2008 09:34 4154357395 TIBURON BUILDING D1V PA~tflG~i/ 05 MEMORANDUM OF ENCROACHMENT PERMIT CONDITIONS ONDITIONS, ih~~ and executed at L , 20 by and betweel1 ("Owners") RECITALS 1. Owners are the owners of that real property located at ... "D ~ (j)e~, Tiburon, CA and more fully described in Exhibit A, whi.ch is attached hereto and incorporated herein by reference. 2. On ~~ .3 , 20oS', Owners filed with the TOWN OF TIBURON, a Muni.cipal Corpora lon ("Town"), an apphcation for encroachm,ent permlt for the constntCtion of1he improvements described in Exhibit B, which is at1ached hereto and incorporated herein. by reference. 3. O~ers yroposed, to constnlct said improvement on the public right-of~way or (Juhlic land known lIS ~11c. ~!(.:V..J? ~ :.., +",....,0- '* I g..o C'e~ ~. (~ 0 -0"-$. 4. On Tcc..ly '''-" ~D &:' , Town granted a revocable encroachment permit (No. o 'Ii ...'8 ,., ) rtpermit") to OWl1,ers allowing the constTu.ction. of said improvement subj ect to subject to conditions of approval ("Permit Conditions'). The Permit Conditions include~ among other things, the r.equire1nent that Owners rem,ove said improvement at Owners' expense in the event tha.t that the Town. requested such removal to accommodate future plans to improve said right~of~way or publi eland. NOW, THEREFORE, OWNERS ACKNOWLEDGE THE FOLLOWING: 1. Upon recei.pt 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 ovvners to remove said improvement, owners will, exclusively at their own, cost and expense, within torty-five (45) days from receipt of said resolution, remove or cause to be removed said improvement. 2. Upon the failure of owners to co.mply with any of the Permit COllditions, Town may declare said improvement to be a public nuisance a:nd 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 exc1usive- 3. The Permit Conditions are covenants and servitudes ronning with the land and shall be binding upon Ownel's, and their su.ccessors, assignees, executors~ adm.inistrators and personal 1 JUL-18-2008 FR1 10:20AM 10: PAGE: 2 07/18/2008 09:34 4154357395 TIBURON BUILDING DIV PAGE 03/05 representatives. 4. This Memorandum includes Exhibi.ts A and B~ which are attached hereto and incorporated herein by reference. OWNER(S): :J~N TAYLcL 2 JUL-18-2008 FRI 10:20AM 10: PAGE: 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~y On 74A before me, D te } HOWARD SALKIN, NOTARY PUBLIC Here Insert Name and Title of the Officer personally appeared L~/./A/" gc##,e?~ ~y~/~ ,. Name(s) of Signer(s) HOWARD SALKIN @ Commission # 1756434 - :~, .:. Notary Public - California ~ i 1 '." ,1.0 Marin County ~ ),. ~"~"." _ _ ~:c:"~.:x~r:S:U.l~ 2~1.1 _ t who proved to me on the basis of satisfactory evidence to be the person~ whose name~re subscribed to the within instrument and acknowl~ed to me that ~e/they executed the ~e in<fiisM'er/their ~u!9orized capacity~ and that b~er/their signatur~ on the instrument the person~ or the entity upon behalf of which the person48(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. Place Notary Seal Above WITNESS ~ o~~12~ Signature ~b' /~ Signature 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: ~.I#~d$ Document Date: Number of Pages: Signer(s) Other Than Named Above: ~ Capacity(ies) Claimed by Signer(s) Signer's Name: ~ 4~ ~ Klndividual 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: ~'V'~~~~. @2007 National Notary Association' 9350 De Soto Ave., PO. Box 2402 . Chatsworth, CA 91313-2402. www.NationaINotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 Payment Amt: ENCROACHMENT PERMIT APPLICATION a Town ofTiburon · 1505 Tiburon Boulevard · Tiburon.~ ~4~20 . (415) 435-735~PP~ED FOR OFFICE USE ONLY Encroachment Permit No: ~1s" 8.../- Date Received: {/ !1# 8 Plan Attached: 1 Yes 0 No :J..?; s- - 238't.? Jd' Check No: o Cash Notes: ~T -If /~LJ~5 """ ~ Inspection Required. Contact Public Works at 435-7399 two days before starting work. o Aerfonnance Bond / Deposit required U" Additional Conditions Apply - See Attached List. , \ .. CONDITIONS OF APPROVAL: ~~ ~___ APP~~~ APprovM~0~ -- The permit is valid for 6 month from approval date, unless otherwise stated. ' ~ 117T~~ APPLICATION INFORMATION Basic applications (e.g., driveway resurfilcing 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 cbarged. After the encroachment applioation has been reviewed and granted, the applicant will be notified to pick up a copy of the approved application which serves as the pennit. When the project is completed, a finM inspection will be perfonned. Ifrelated to a building project, occupancy pennit will be withheld until final Public Works approvM. P60 ~~F.J J7/2D WF":f)/- Location of Work & Nearest Cross Street ,To H /..-'. 7 ~ ":i /...iJ C", Name of Property Own r Description of Proposed Work - Attach any drawings, documents, schematics, and written description to illustrate your scope. For driveways, specifY type of surfilcing and size of culvert, if applicable. , 'U I-L. . "", ", H olD' . AJ.J05?"o'L n p>= (. \TR r ./-r .A?L~ /v:'AJ L--::T" f!?e,c ET" Cfi ~\5Cf::'.() h (?..u J0.?'T. N me of Contractor '-- ~9 6" ,,,,-? A c) License No. ~/:~ ~6/-/2 xC} (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 aD work shaD be performed in accordance with the rules, regulations and standards of the Town of Tiburon, 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, hannless from any claims, losses or damages that may arise from Applicant's exercise of this encroachment pennit and any other permit granted by the Town. Proof of insurance is required upon request. Applicant's Signat~ Estimated Start Date: S- 0 ITDHtV TJ\J Yi-b ~)*/?;rjr.:v Name of Applicant ~'- '-/").- ~~- ./,~ - ~"-,, -- ..- hO ( ea Code) Phone Number Estimated Completion Date: Date: ';) U L 7 3 C'l cf .J Ex'ff , iIl -r-f\ TOWN OF TIBURON . PUBLIC WORKS :.PERMIT .CONDITIONS - Pe~mit No. tSI-8c( Note: Thefollowing standard and checked (..J) conditions apply to this permit. 1. APPENDING LIST OF CONDITIONS: In the even(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 conditions'have been read, and ~derstood. The Permittee agrees to comply with a~ 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 mdividuaIs necessary in order to perform the intended work. It shall be the respo;nsibility of . .the Permittee to 'notify the utility and c;;tble TV companies prior to starting any construction that may iDvolve . th~ir underground or oyer head utilities.. . 5. INSPECTION NOTIFICATION: Apreconstruction meeting or discussion will ~ccur. The Pennittee shall , notify the M~tenance.Division a~ (415) ~35-739~, ~ ~um ~ftwO (2) w~rking days~f~O~!O the performance of ~y work under this penwt. . Penmttee Will prOVIde cons1;ruction ~cheduIe, lDltially and . , periodically, ,and contact inf6rinatio~. ~I.work must iDspected prior,. during, ~nd after backfIll, or re-o excavation will be .required at Per.nittee's e~pens~. ' , . . u. . CONSTRUCTION METHqns: Any work performed without inspection or contrary to discussions with the . ToWn's inspector, the Marin County Public Worb UD:iform ConStruction Standards, Qatest edition), Caltrans StandaTd Plans (latest edition) or' approved plans shall be deemed non-complyiDg .andwill n~t be accepted by . the Town. Attention is called to the following special provjsions: . . (a) --'-underground /fue (e.g. conduits, mains. 8llrVi~) ~ation will be neat open cut. . (b) ~m~nt slurry b.aclmll fo; trenches' is ;equired unless prope~ compaction can be demonstrated as per attached standards' or greater. . . (c) ;: minimum of six (6) inch saw-cut and removal of pavement beyond trench edge lines..will be required ' . (d) 1. If trench is within ~ee (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 pane~ score line to score line, or as directed by the Inspector. . . (f) --.6lating of trenches will be allowed for up to five(5) calendar days. Ramping of plates is . required. . . (g) ~I cement slurry backfill and paving will be completed within ten (or 10 ) cal~ndar days . of exrtion for each IOO-foot section of pipe installation. (b) ~ Backfill, req!!"ired compaction, finalAC 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. 68-89 10f4 (j) 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 require~ additional compensation for overtime inspection and written approval from the Town. 8. . TRAFFIC CONTROL: Construction traffic.control shall coniorm to the current edition of the "Man':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 baincades, delineators, traffic control personnel during construction and excavation. 9. PERMIT EXPIRA nON: This permit 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 ~ for location of underground utilitie~. . 11. ~UARANtEE: For a period of one ( or ~-()"'L) year after acceptance by the Engii1eering Division, the Permittee shall guarantee all work ormed 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 stockpil~dor stored on the Town right-of-way, except as approved by the Town. 13. PUBLIC CONVENIENCE: (a) The Permittee shall cond~cthis 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 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 P~e's expense. Action may include using alteniative 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 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 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 provisiOOs.~r ADA accessibility shall be required. Town of Tiburon - PW Pennit Conditions - Permit No. t;;l-ect 20f4 ] 4. EROSION AND SEDIMENT CONTROL MEASURES: The Permittee is obligated to insure compliance with all applicable storm water regulations at all times. The BMPs (Best Management Practices) according to the Marin CountY StoTmwater Protection Program (MCSTPP) shall be implemented and maintained to effectively prevent the potentially negative 'impacts on this project's construction activities on storm water quality.. The maintenance of the 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 B:MPs 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 properly contained to minimize sediment transport from the site to streets, drainage facilities or adjacent properties via ruport: vehicle tracking, or wind.. (b) Attention is called to Stormwater Best ~anagement Practice Handbook Constructipn BMP Fact Sheets: Sweeping and Vacuuming, Starin Drain Inlet Protection, Stockpile Management, Spill Prevention and Control, and Concre~e Waste Management. . 15. CLEAN UP: Upon completion of didly ~ork the Permittee shall clean the right-of':'way of all rubbish, . construction debris, trees, brush, excess' materials, temporary structures and equipment. 16. SAFETY: (a)' The Permittee shall be solely and completely responsible for the conditions of the job site, including safety, and shall not be limited to normal working hours. . Work and Safety provl~ionS shall conform to all applicable Federal, State, and local laws, ordinances, and' codes, and to the rules and regulations established by the Califoinia Division of Industrial Sa~ety applicable to the work. . (b) The services of~e Inspector in conducting construction review of the Permittee's performance is not intende4 to include review'ofthe adequacy of the Permittee's work methodS or safety measures, in, on, or near the construction site, and shall not be construed as supervision of the actual construction nor make the Inspector or the Town responsible for providing a safe place for the performance of work by the Permittee, or subcontractors; o~ for access, visits, use work, travel or o~cUp~cy by any person. (c) The Pemrittee shallc8:fefully instruct all personnel working in potentiaIly hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instruction as is necessary to prevent 'injUry t~ personnel and 4amage to property. . (d) Shoring arid Trench Safety Plan - Attention is directed to Section 832.ofthe Civil Code of the State of California, Section 6705 of the State Labor Code, and the Construction Safety Orders of the State of California Division of Industrial Safety. 17. PROTECTION OF PERSON AND PROPERTY: . (a) The Pennittee 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 reason of the Permittee's operations, they shall be replaced or restored, at the Permittee'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, 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. ] 8. 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 stonn 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 - Pennit No. oU'I 30f4 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 J 1 - "Guarantee" after acceptance of such required facilities. In the event the Permittee refuses or neglects to make good any loss or damage.fQr which he is responsible under this Permit, 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 Permittee. 19. CONTRACTOR'S LICENSE NOTICE: Contractors are required by law to be licensed and regulated py the Contractor's State License Board., 20. INDEMNITY: The Pemiittee specifically obligates himself and hereby agrees to protect, hold free and harmless, defend and indemnify the Town, the pngineer and his cc:msultants, EJnd each of their officers, employees and agents, from any and all liability, penalties, costS, losses, dam.~es, expenses, causes of action, claims or judgments, including attorney's fees, which arise out of or are in any way connected with the Peimittee's, his Contractor~s, or his subcontractors' or suppliers' performance of work. under this Permit. To the extent legally permissible, this indemnity and hold harmless agreement by the Pennittee shall apply to any acts or omissj~ns, whether active or passive, on the part of the Pennittee or his agents, employees, representatives, or Subcontractor's ~gents, employees and rep~sentatives, resulting in liability irrespective of whether or not any acts or omissions. of the parties to be indeD1I1i.fled hereunder may also .have been a contributing factor to the liability. Unless waived, Permittee shall include the Town, the Engineer and his consultants; and each of their officers, employees and agents as additional insureds on their policy and insurance documents shall be submitted to the Town priorto.work commenCing. . f( . 21. OTHER: J' ~\ ~ \ \ \ 0 .>- .~ \ ~~ \ ::: \ l' '-' _1 0" C. C'l t-- ~ \ r- \ z i- In -.:J a ( \ - /u L (\ L0 \ r 1 \ 3 I I II \ I , . I t \ I CJ " J-~ - -' L.J In I' I 20 z ....'1 U :.ii.o ,r J ' ...:> ~ :;,~ I 2~ -...... ~ is - ..L ~ ::> n I aJ ll) , --- .J () 3: Ira. (..' cr .n t:' I l "It'" C ~ ~-) tt~ ~ "- f Q~ r,) ....- ...,r: ~ <( (jc ~ ; ::! z c I I ~- .-- ~~~ ! - a)o~ ~ ILl Z QtI -Q ~ :) ~ G: I 4- f ~I l!.. ~i: I 0 ~ -. I " Ct: <4! r "It ! ~ -- ---. If \ I ~ j Z ld I 'W lS8 ec~8 I I , I U .~l " w~C,,)...J 0 U Zu.. <- I a ~ 0;"" ~ I. N . 0""'00 t I o-u , ,ld --ltJ i ~1.L.Ci' I I 4.l4. , I I 31 50' I I I / ~"I 1 s=& ' .... .l&J --- colt=: \ CO I . I ~rN ; ~ I 119~ I --- , ~ I 1 I I / ~)<:+H81 T ~> ,I L I I r / J '-' " I a::: .::;) .