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HomeMy WebLinkAboutAgr 2000-08-21 (Chandler's Gate)`v RECORDED AT THE REQUEST OF: Tiburon Redevelopment Agency WHEN RECORDED RETURN TO: Planning Director Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 36 No fee for recording pursuant to Government Code Section 27383 APN NO. 58-151-35 DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS ESTABLISHING AGE, RESTRICTIONS FOR CHANDLERS GATE AT TIBURON INIIYINIIIBI~IIBIIY~IIIII 2000-0043977 Recorded I REC FEE 48.08 Official Records I County Of i Karin JIM C. THAYER I Recorder I 10:30M 28-Aug-2080 0 age 1 of 12 VI-1 2 2000 i1y "~nw LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 INDEX DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ESTABLISHING AGE RESTRICTIONS FOR CHANDLERS GATE AT TIBURON I INTENTION OF DECLARATION 1 1.1 FACTS 1 1.1.1 Property Owned by NWGHL 1 1.1.2 Purpose 1 1.2 APPLICABILITY OF RESTRICTIONS 1 II DEFINITIONS ....................................................1 2.1 AGE RESTRICTION DECLARATION 1 2.2 AGE RESTRICTED COMMUNITY 2 2.2.1 Senior 2 2.2.2 Cohabitant 2 2.2.3 Permitted Health Care Resident 2 2.2.4 Qualified Permanent Resident 2 2.3 ASSOCIATION 2 2.4 CHANDLERS GATE DECLARATION 2 2.5 DDA ......................................................2 2.6 NWGHL ...................................................3 2.7 LOT ......................................................3 2.8 OWNER ...................................................3 2.9 RESIDENCE ................................................3 2.10 SUBJECT PROPERTY 3 III SPECIAL RESTRICTIONS 3 3.1 BELOW MARKET RATE DISCLOSURE 3 3.2 CITY REQUIRED DEED AND CONTRACT LANGUAGE 3 3.2.1 Grant Deeds 3 3.2.2 Contracts 4 IV AGE RESTRICTED COMMUNITY 4 4.1 RESIDENCY REQUIREMENTS 4 4.1.1 Senior Residence Requirement 4 4.1.2 Qualified Permanent Residents May Reside With Senior 4 4.1.3 Temporary Residency 4 4.2 STATE AND FEDERAL LAW LIMITATIONS 5 4.3 ENFORCEABILITY OF AGE RESTRICTIONS 5 4.4 LIBERAL INTERPRETATION AND RULES 5 V MISCELLANEOUS PROVISIONS 5 5.1 AMENDMENTS 5 5.2 ENFORCEMENT 5 5.2.1 Remedies Cumulative 6 5.2.2 Nonwaiver 6 5.3 TERM OF DECLARATION 6 5.4 BINDING 6 -i- 08/11/00 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, X100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 5.5 SEVERABILITY OF PROVISIONS 6 5.6 GENDER, NUMBER AND CAPTIONS 6 5.7 MORTGAGE PROTECTION 6 5.8 EXHIBITS ..................................................6 5.9 SUCCESSOR STATUTES 6 -ii- 08/11/00 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, X100 WALNUT CREEK. CA 94596-5024 (925) 944-5000 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ESTABLISHING AGE RESTRICTIONS FOR CHANDLERS GATE AT TIBURON THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ESTABLISHING AGE RESTRICTIONS FOR CHANDLERS GATE AT TIBURON ("Age Restriction Declaration") is made by NED'S WAY GARDEN HOMES LLC, a California limited liability company, ("NWGHL") and the Tiburon Redevelopment Agency, a public body, corporate and politic ("Tiburon Redevelopment Agency"). ARTICLE I INTENTION OF DECLARATION 1.1 FACTS: This Age Restriction Declaration is made with reference to the following facts: 1.1.1 Property Owned by NWGHL: NWGHL is the owner of all the real property and Improvements thereon located in the Town of Tiburon, County of Marin, State of California, described in Exhibit "A" attached hereto and incorporated herein as though set forth in full ("Subject Property"). 1.1.2 Purpose: NWGHL has acquired the Subject Property from Tiburon Redevelopment Agency. The Disposition and Development Agreement whereby NWGHL has acquired the Subject Property provides that the Subject Property is to be subject to restrictions which establish an Age Restricted Community as set forth in this Age Restriction Declaration. 1.2 APPLICABILITY OF RESTRICTIONS: Pursuant to California Civil Code Sections 1457 et seq. NWGHL hereby declares that the Subject Property and all Improvements thereon are subject to the provisions of this Age Restriction Declaration. The Subject Property shall be held, conveyed, hypothecated, encumbered, leased, rented, used and occupied subject to the covenants, conditions and restrictions stated in this Age Restriction Declaration. All such covenants, conditions and restrictions are declared to be in furtherance of the plan for the subdivision, development and management of the Subject Property as a Common Interest Development. All of the limitations, easements, uses, obligations, covenants, conditions, and restrictions stated in this Age Restriction Declaration shall run with the Subject Property and shall inure to the benefit of and be binding on all Owners and all other parties having or acquiring any right, title or interest in any part of the Subject Property. ARTICLE II DEFINITIONS Unless otherwise defined or unless the context clearly requires a different meaning, the terms used in this Age Restriction Declaration, the Map and any grant deed to a Lot shall have the meanings specified in this Article. 2.1 AGE RESTRICTION DECLARATION: The term "Age Restriction Declaration" shall mean this Declaration of Covenants, Conditions and Restrictions Establishing Age Restrictions For Chandlers Gate at Tiburon and includes any subsequently recorded amendments. 08/11/00 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 2.2 AGE RESTRICTED COMMUNITY: The term "Age Restricted Community" shall mean a residential development as defined in Section 51.3(b)(3) of the California Civil Code. 2.2.1 Senior: The term "Senior" shall mean a person residing in a Residence who is sixty-two (62) years of age or older. 2.2.2 Cohabitant: The term "Cohabitant" shall mean a person who lives together with a Senior, as husband and wife. 2.2.3 Permitted Health Care Resident: The term "Permitted Health Care Resident" shall mean a person hired and compensated to provide live-in, long-term, or terminal health care to a Senior or Qualified Permanent Resident. 2.2.4 Oualified Permanent Resident: The term "Qualified Permanent Resident" shall mean a person residing in a Residence who meets either of the following requirements: (a) Surviving Spouse, etc.: The person meets both of the following requirements: (i) The person was residing in the Residence with a Senior prior to the death, hospitalization, or other prolonged absence of, or the dissolution of a marriage with, the Senior. (ii) The person is at least forty-five (45) years or ~ older and was the spouse or Cohabitant of the Senior or a person providing primary physical or economic support to the Senior. (b) Permanently Impaired, etc.: The person meets all of the following requirements: (i) The person is permanently physically or mentally impaired or terminally ill. (ii) The person is a dependent child of either a Senior or a person who satisfies the requirements of a Qualified Permanent Resident established by 2.2.4 (a), above. (iii) The person has not been determined by the Association Board of Directors to be a person who is or may be harmful to himself or herself or others. The Association Board of Directors may make such a determination at anytime and such determination shall be effective sixty (60) days after notice is served upon such person or such person's guardian or conservator, or, if sooner, upon issuance of a court order restraining such person from entry into the Subject Property. 2.3 ASSOCIATION: The term "Association" shall mean the homeowners association described in the Chandlers Gate Declaration and created for the purpose of managing the Subject Property. 2.4 CHANDLERS GATE DECLARATION : The term "Chandlers Gate Declaration" shall mean that Declaration of Covenants, Conditions and Restrictions to be recorded against the Subject Property to establish a common interest development in accordance with California Civil Code Section 1350 et seq. 2.5 DDA: between NWGHL No. 1998-0043525. The term "DDA" shall mean the Disposition and Development Agreement ("DDA") and the Tiburon Redevelopment Agency recorded June 23, 1998, as Instrument 2 08/ 11 /00 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 2.6 NWGHL: The term "NWGHL" shall mean NED'S WAY GARDEN HOMES LLC, a California limited liability company. The term "NWGHL" shall also mean any person or entity that is a "Declarant" under the terms of the Chandlers Gate Declaration. 2.7 LOT: The term "Lot" refers to a Separate Interest as defined in California Civil Code Section 1351(1) and shall mean each of the 25 Lots intended to be established by the subdivision of the Subject Property. Lot includes all Improvements situated thereon or therein. 2.8 OWNER: The term "Owner" shall mean the holder of-record fee title to a Lot, including NWGHL as to each Lot owned by NWGHL. If more than one person owns a single Lot, the term "Owner" shall mean all owners of that Lot. The term "Owner" shall also mean a contract purchaser (vendee) under an installment land contract but shall exclude the contract. vender and any person having an interest in a Lot merely as security for performance of an obligation. 2.9 RESIDENCE: The term "Residence" shall mean a dwelling situated on a Lot, including any garage also situated on a Lot. 2.10 SUBJECT PROPERTY: The term "Subject Property" shall mean the real property described in Exhbit "A" attached hereto. ARTICLE III SPECIAL RESTRICTIONS 3.1 BELOW MARKET RATE DISCLOSURE: The DDA provides that Lots 2, 3, 10 and 11 are to be conveyed subject to a Resale Restriction Agreement in the form attached thereto as Exhibit "B." The DDA provides that these Lots are to be offered for sale by NWGHL to Very Low Income Household as defined by the DDA and Section 8 of the United States Housing Act of 1937. Resale of these Lots is subject to the terms of the Resale Restriction Agreement for a term of fifty-five (55) years. The Resale Restriction Agreement provides that before an Owner may resell one of these Lots, the Housing Authority of the County of Marin has an Option to repurchase that Lot. The Resale Restriction Agreement also provides that the Housing Authority of the County c Marin may exercise die Option to repurchase upon other events, including Owner's default under its loan, certain refinancing transactions, bankruptcy, breach of the Resale Restriction Agreement and upon other events set forth in the Resale Restriction Agreement. The DDA also includes an alternative arrangement whereby the Tiburon Redevelopment Agency may purchase these Lots from NWGHL, or, if the Tiburon Redevelopment Agency does not purchase these Lots, they may, in certain circumstances, be conveyed by NWGHL to Low Income Households (rather than Very Low Income Households). All provisions of the DDA relating to the sale of these Lots are hereby incorporated into this Age Restriction Declaration as though set forth in full. Purchasers of these Lots should review the DDA and the Resale Restriction Agreement before they enter into an agreement to purchase one of these Lots. 3.2 CITY REQUIRED DEED AND CONTRACT LANGUAGE: 3.2.1 Grant Deeds: The City requires that all grant deeds to a Lot include the following language: "The grantee herein covenants by and for itself, its heirs, executors, administrators, and assigns, all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, 3 08/11/00 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD. X100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 ancestry or disability in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee or any person claiming under or through the grantee establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." 3.2.2 Contracts: The City requires that all contracts for the sale of a Lot include the following language: "There shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, ancestry or disability in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the transferee or any person claiming under or through the transferee, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land." ARTICLE IV AGE RESTRICTED COMMUNITY This Subject Property is senior citizen housing as authorized by Section 51.3 of the California Civil Code and shall be operated as "Housing For Older Persons" as defined in United States Fair Housing Act, 42 USC §3607(b)(2). 4.1 RESIDENCY REQUIREMENTS: No person may reside in the Subject Property, temporarily or permanently, except as expressly authorized by this Section 4.1. This residency requirement is not an ownership requirement. 4.1.1 Senior Residence Requirement: At least one (l) person residing in each Residence shall be a Senior. However, upon the death or dissolution of a marriage, or upon the hospitalization, or other prolonged absence of a Senior, any person who resided in a Residence with the Senior at the time of such event can continue to reside in that Residence so long as immediately after such event (a) such person is a Qualified Permanent Resident, and (b) at least eighty percent (80%) of the Residences in the Subject Property are occupied by at least one (1) person age fifty-five (55) or older. 4.1.2 Qualified Permanent Residents May Reside With Senior: Provided that at least one (1) person authorized by Section 4.1.1 resides in a Residence, the following persons may also reside in that Residence: (a) Qualified Permanent Residents, or (b) Permitted Health Care Assistants who are actually providing live-in, long-term, or terminal health care to a Senior residing in that Residence. 4.1.3 Temporary Residency: Guests are permitted to temporarily reside in a Residence provided that no guest may reside within the Subject Property for more than sixty (60) days in any calendar year. For purposes of the preceding sentence, and the first sentence of this Section 4. 1, a person shall be deemed to reside in a Residence on any day that the person remains overnight or sleeps at the Residence. 4 08/11/00 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, X100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 4.2 STATE AND FEDERAL LAW LIMITATIONS: Both State and Federal laws regulate age restricted communities. It is intended that the Subject Property will be operated to satisfy the age 62 or older limitations set forth in California Civil Code Section 51.3 and the age 55 or older limitations set forth in federal laws and regulations (42 USC §3607(b)(2) and 24 CFR Part 100). The federal laws and regulations require that (a) at least 80% of the Residences be occupied by at least one person 55 years of age or older (Qualified Permanent Residents who are under age 55 do not satisfy this requirement), (b) the Association publish and adhere to policies and procedures that demonstrate an intent to provide housing for persons 55 years of age or older, and (c) the Association develop procedures for routinely determining the occupancy of each Residence, including regular updates through surveys or other means at least once every two years. The Association shall take all steps necessary to ensure that the requirements summarized above and set forth in California Civil Code Section 51.3 and 42 United States Code §3607(b)(2) and the implementing regulations adopted by the United St-ates Department of Housing and Urban Development, 24 Code of Federal Regulations Part 100, are satisfied. 4.3 ENFORCEABILITY OF AGE RESTRICTIONS: NWGHL has endeavored to establish the Subject Property in compliance with the preceding requirements. The Association shall have the responsibility to maintain the Subject Property in compliance with these requirements. If the Subject Property ever fails to satisfy applicable state or federal requirements, it is possible that the residency requirements will not be enforceable. In addition, new laws may be enacted or judicial decisions published which will impede or prevent enforcement of the residency requirements. By acceptance of a deed to a Lot, each Owner acknowledges the possibility that the residency requirements set forth in Section 4.1 may not be enforceable, either currently, or in the future. 4.4 LIBERAL INTERPRETATION AND RULES: This Age Restriction Declaration shall at all times be liberally interpreted to satisfy the requirements imposed by applicable state and federal laws for the enforcement of the residency requirements imposed by Section 4.1. If any judicial decision or federal or state law or regulation is published or adopted after the date of recordation of this Age Restriction Declaration which impedes or prevents the enforcement of the residency requirements imposed by Section 4. 1, the Association Board of Directors shall take all actions necessary to continue enforcing the residency requirements imposed by Section 4.1 including, if necessary, the adoption of rules or an amendment to this Age Restriction Declaration which further clarifies, or, if necessary, amends the provisions of this Article IV. Notwithstanding any provisions in this Age Restriction Declaration to the contrary, upon the recordation in the Official Records of the Marin County Recorder of any rules or amendment to this Age Restriction Declaration adopted pursuant to the preceding sentence, such rules or amendment to this Age Restriction Declaration shall supersede this Age Restriction Declaration. ARTICLE V MISCELLANEOUS PROVISIONS 5.1 AMENDMENTS: Prior to the conveyance of the first Lot to an Owner other than NWGHL, this Age Restriction Declaration may be amended by NWGHL and the Tiburon Redevelopment Agency. NWGHL and Tiburon Redevelopment Agency shall make any amendments necessary to satisfy any deficiency issued by the California Department of Real Estate. After the conveyance of the first Lot, this Age Restriction Declaration may be amended in accordance with the same procedures established by Chandlers Gate Declaration for amendment of the Chandlers Gate Declaration. 5.2 ENFORCEMENT: NWGHL, the Tiburon Redevelopment Agency, the Association and any Owner shall have the power to enforce the provisions of this Age Restriction Declaration in any manner provided by law or in equity and in any manner provided in this Age Restriction Declaration or the 5 08/11/00 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 Chandlers Gate Declaration. The provisions of this Age Restriction Declaration are covenants running with the land and equitable servitudes, enforceable by any Owner or the Association against the Association or any other Owner or anyone who resides in the Subject Property. Upon recordation of the Chandlers Gate Declaration which shall incorporate this Age Restriction Declaration by reference, this Age Restriction Declaration shall constitute a part of the Chandlers Gate Declaration and shall be enforceable in accordance with the enforcement provisions of the Chandlers Gate Declaration and the provisions of California Civil Code Section 1354(a). Except as otherwise provided, NWGHL, the Association or any Owner(s) has the right to enforce, in any manner permitted by law or in equity, any and all of the provisions of the Subject Property Documents, including any decision made by the Association, upon the Owners, the Association or upon any property in the Subject Property. 5.2.1 Remedies Cumulative: Each remedy provided in this Age Restriction Declaration is cumulative and not exclusive. 5.2.2 Nonwaiver: The failure to enforce the provisions of any covenant, condition or restriction contained in this Age Restriction Declaration will not constitute a waiver of any right to enforce any such provisions or any other provisions of this Age Restriction Declaration. 5.3 TERM OF DECLARATION: This Age Restriction Declaration will continue for a term of fifty-five (55) years from its date of recordation. Thereafter, this Age Restriction Declaration shall continue until the termination of the Chandlers Gate Declaration. 5.4 BINDING: This Age Restriction Declaration is for the benefit of and binding upon all Owners, their respective heirs, legatees, devisees, executors, administrators, guardians, conservators, successors, purchasers, tenants, encumbrancers, donees, grantees, mortgagees, lienors and assigns. 5.5 SEVERABILITY OF PROVISIONS: The provisions hereof shall be deemed independent and severable, and the invalidity or unenforceability of any one provision will not affect the validity or enforceability of any other provision hereof. 5.6 GENDER. NUMBER AND CAPTIONS: As used herein, the singular includes the plural and masculine pronouns include feminine pronouns, where appropriate. The title and captions of each paragraph hereof are not a part thereof and shall not affect the con.struction or interpretation of any part hereof. 5.7 MORTGAGE PROTECTION: A breach of any of the conditions or the enforcement of any provisions contained in this Age Restriction Declaration shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value as to any, Lot in the Subject Property; but all of the covenants, conditions and restrictions contained in this Age Restriction Declaration shall be binding upon and effective against any Owner of a Lot if the Lot is acquired by foreclosure, trustee's sale or otherwise. 5.8 EXHIBITS: All exhibits attached to this Age Restriction Declaration are incorporated by this reference as though fully set forth herein. 5.9 SUCCESSOR STATUTES: Any reference in the Subject Property documents to a statute will be deemed a reference to any amended or successor statute. LITTLE & SAPUTO ATTORNEYS AT L.AW 1901 OLYMPIC BOULEVARD, X100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 6 08/11/00 IN WITN SS WHEREOF, the undersigned has executed this Age Restriction Declaration on the 3A day of C~ S^ , 2000. NWGHL: NED'S WAY GARDEN HOMES LLC, a California limited liability company Taylor Woodrow Homes, Inc., a California corporation its Managing Member By: L...] - Richard E. Pope, President Tiburon Redevelopment Agency: TIBURON REDEVELOPMENT AGENCY, a public body, corporate and politic By: Robert L. eiiaert, Executive Director STATE OF CALIFORNIA COUNTY OF I On ALLXUT O , before me, _ 1fL^ t,LY 4i~! SC -~G ~-+Ctr 1F . personally appeared 9,tC fr AR-D E-, {gyp PC , personally known to me ( ) to be the person($5 whose name) Clare-subscrl d to the within instrument an acknowledged to me that oft' er' executed same 1 1 h ntdTMauthorized capaclty(1es), and that by W signature(sj on the instrument, th personj4 or the entity upon behalf of which the person( acted, executed the instrument. TN in d d o e " a&r commission # 122331.2 Homy Pubec - Cdffarrft iiillu OLLY orange County yComm. Expires Jun 5, 2000 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 STATE OF CALIFORNIA r~ COUNTY OF AIelN On !40t f 23i "do , before me, _ , personally appeared 0 L X7A(727 , personally known to me to be the person(* whose name(*) is/an subscribed to the within instrument and acknowledged to me that he/skeMve, executed the same in his/k@ r authorized capacity(im), and that by his/kep4Wasi* signature(* on the instrument, the person(e) or the entity upon behalf of which the person(.O acted, executed the instrument. WITNES y h official seal. D. L. CRANE Comm. # 1119443 A NOTARY PUBLIC - CALIFORNIA UI Marin County My Comm. Expires Dec. 8, 2000 'i 08/11/00 _t IF n.LEGMLE NOTARY SEAL DECLARATION GOVERNMENT CODE 27361.7 I certify under penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of Notarylt n t-L A 2 L S o nl ~C H aG L E Commission Number: l o~? of ) 3 C(0- Date Commission Expires & - 5-' D 3 Place of Execution of this Declaration M A Z / 1\ Date 7 o9 0C) EXHIBIT ALL THAT CERTAIN real property situate in the City of Tiburon, County of Marin, State of California, described as follows: PARCEL ONE: Parcel A and Lots 1 through 25, inclusive, as shown upon that certain Map entitled "Map of Chandler's Gate at Tiburon, Being Parcel 1, 26 PM 43, Town of Tiburon, Marin County, California", filed for record August 24, 2000 in Book 2000 of Maps, at Page 138, Marin County Records. PARCEL TWO: A non-exclusive easement for access, utility, storm drainage and parking purposes over that certain area designated as "Easement H", as shown upon that certain Parcel Map entitled, "Parcel Map, Lands of the Town of Tiburon 3382 O.R. 497, Parcel Two 16 P.M. 37, Tiburon,. Marin County, California", filed for record December 11, 1997 in Book 26 of Parcel Maps, at Page 43, Marin County Records. PARCEL THREE: A non-exclusive easement for access, utility and storm drainage purposes over that certain area designated as "Easement I", as shown upon that certain Parcel Map entitled, "Parcel Map, Lands of the Town of Tiburon 3382 O.R. 497, Parcel Two 16 P.M. 37, Tiburon, Marin County, California", filed for record December 11, 1997 in Book 26 of Parcel Maps, at Page 43, Marin County Records.