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HomeMy WebLinkAboutAgr 2000-07-13 (Chandler's Gate)61 APN NO. 58-151-27 (portion) Recording Requested By: TOWN OF TIBURON Return to: Planning Director Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 This document is for the benefit of the Town of Tiburon. DOCUMENT TITLE ~ca go go i ca e+z+ 1 83 Recorded 1 REC FEE .00` Official Records I. County Of I ` M Marin JOAN C. THAYER I Recorder I 09:00AM 29-Aug-2000 CS Page 1 of 14 I SET 2 2 2000 AGREEMENT REGARDING REVOCABLE ENCROACHMENT PERMIT FOR A LANDSCAPED BUFFER AREA AT THE CHANDLERS GATE PROJECT RECORDING REQUESTED, RETURN TO: TOWN OF TIBUORN PLANNING DIRECTOR 1505 TIBURON BOULEVARD TIBURON, CA 94920 AGREEMENT THIS AGREEMENT, is made and entered into at Tiburon, California, this 13 day of ,aal-k , 20001 by and between Ned's Way Garden Homes, LLC, a limited liability Corporation of the State of California ("Owner"), and the TOWN OF TIBURON, a Municipal Corporation ("Town"). L Recitals of Fact. A. Owner is the developer of the project commonly known as the Ned's Way Senior Housing Project ("Project"), which is the subject of a disposition and development agreement with the Town dated June 17, 1998 ("DDA"). The Project Site is more particularly described in Exhibit A. B. The Project Site is located on land formerly occupied by the Town Hall and Town of Tiburon Police Station and is adjacent to the southern boundary of two (2) acres of undeveloped property owned and maintained by the Town ("Town Property"). Pursuant to the DDA, Owner expects to purchase the Project Site from the Town in the near future. The Town will retain the Town Property. C. As a portion of the Project, Owner desires to install a 30-foot wide landscaped buffer running the length of the property line between the Project Site and the Open Space Property, which buffer would be located on the Town Property ("Buffer Area"). The Buffer Area is more particularly described in Exhibit B-. D. Owner has applied for and received an encroachment permit for the installation of the buffer (Encroachment Permit No. Q 0oo 0+ ' a copy of which is attached as Exhibit C. This permit allows the installation of said landscaped buffer subject to, among other things, Owner's agreement to remove said improvement at Owner's expense upon the eventuality of Town's future plans to utilize the Buffer Area for some other purpose. E. Owner intends to record a declaration of covenants, conditions and restrictions ("CC&Rs") binding on all subsequent owners of the Project Site. Owner also intends to create a homeowners association ("HON") to own and maintain the common areas of the Project. Owner wishes to assign its rights and obligations under this Agreement to the HOA. OTSERVIadanforthTlanningl4greementsWed's Way Encroach. Agr..doc 1 NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Upon receipt by Owner of a certified copy of a resolution of the Town Council of the Town of Tiburon evidencing the intention of Town to utilize the Buffer Area for some other purpose and requesting Owner to remove said improvement, Owner will, exclusively at its own cost and expense, within one hundred and eighty (180) days from receipt of said resolution, remove or cause to be removed said improvement. 2. Owner shall comply with all terms and conditions imposed upon the Encroachment Permit. 3. Upon the failure of Owner to comply with any of the agreements contained herein, 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. 4. Owner shall cause this Agreement to be recorded against the Project Site in the Office of Official Records of Marin County and shall provide Town a copy of the recorded agreement within ten days of the date hereof. 5. The agreements contained herein are covenants and servitudes running with the land and shall be binding upon Owner and its successors, assignees, executors, administrators and personal representatives as provided herein. The CC&Rs shall provide for the HOA to be responsible for full compliance with this Agreement. After the Project is complete pursuant to the DDA, Owner shall assign its rights under this Agreement to the HOA and the HOA will assume Owner's duties under this Agreement. 6. This permit shall be governed by the laws of the State of California. 7. This Agreement includes the following Exhibits, which are attached hereto and incorporated herein by reference: Exhibit A The Project Site Exhibit B The Buffer Area Exhibit C The Encroachment Permit MTSERVIadanforthTlanninglAgreementsWed's Way Encroach. Agr..doc 2 IN WITNESS WHEREOF, the parties hereto have signed and subscribed this Agreement in the day and year first above written. OWNER: NED' S WAY GARDEN HOMES, LLC. B • Its:' TOWN: TOWN OF TIBURON, a Municipal Corpo,pation: - V Town Manager A7040~44' Town of Tiburon APPROVED AS TO FORM: town Attorney, Town of Tib By: '4;r'06'0- Attorneys for Owner IIXTSERVIadanforthTlanninglAgreementsWed's Way Encroach. Agr..doc 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California BARBARA G. MOITE Commission # 1207204 i Notary Public - Cotifornild Morin County 11 My Comm. Jan 8.2000 Iss. County of 442&L7 IU,1(4!! j:~? J~ , before me, , 0 Date Name and ft7SOfficer (e.g., "Jane Doe, Notary Public") personally appeared • Name(s) of Signer(s) eersonally known to me proved to me on the basis of satisfactory evidence Place Notary Seal Above 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. WITNESS y hand and official seal. AOL 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Number of Pages: © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 ALL-PURPOSE ACKNOWLEDGMENT F• • State of California , J County of /U 4 /a IN SS. I On avzq a/,, v7lm Z) before me, L - Cie ALIW_ 1 • (DATE) ~ 0/ V E R / 4. (NOT RY) I ' Y ~~T • I personally appeared I SIGNER(S) 1 personally known to me - OR- ❑ proved to me on the basis of satisfactory 1 • evidence to be the person(s) whose name(s) • 1 is/are subscribed to the within instrument and • acknowledged to me that he/she/they executed • the same in his/her/their authorized 1 • capacity(ies), and that by his/her/their • 1 oar D. L. CRANE signature(s) on the instrument the person(s), 1 Comm, # 1119443 N or the N A entity upon behalf of which the NOTARY PUBLIC -CALIFORNIA Merin County .A person(s) acted, executed the instrument. 1 • My Comm- WITNESS Expires Dec. 8, 2000 I I • WITNESS my hand and official seal. • I I I 1 • NOTARY'S SIGNATURE • • OPTIONAL INFORMATION • 1 The information below is not required by law. However, it could prevent fraudulent attachment of this aclrnowl- 1 • edgment to an unauthorized document. • 1 CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTA IIED DOCUMENT • e 14 W4 y 64t 044K M)41 F-1 INIVIDUAL d J 1 5J'CORPORATE OFFICER (av- 77WIll ~4N46 1 TITLE(S) TITLE OR TYPE OF DOCUMENT 1 • ~ fi ~~.~I j~(/~/y~Jl~ • ❑ PARTNER(S) - • ❑ ATTORNEY-IN-FACT • ❑ TRUSTEE(S) f 1 NUMBER OF PAG • ❑ GUARDIAN/CONSERVATOR • 1 ❑ OTHER: 1 DATE OF DOCUMENT 1 I • SIGNER IS REPRESENTING: • NAME OF PERSON(S) OR ENTITY(IES) 1 • OTHER • APA 1/94 VALLEY-SIERRA, 800-362-3369 EXHIBIT "A" SITE LEGAL DESCRIPTION Parcel I of "Parcel Map Lands of the Town of Tiburon" filed in Book 26 of Parcel Maps at Page 43, Marin County Records. Prepared by: I.L. Schwartz Associates, Inc. F ESQ Schwa z, C.E. ' two. 18221 VIL 68761g1.doc 06/29/00 EXHIBIT "B" BUFFER STRIP LEGAL DESCRIPTION A strip of land 30.00 feet in width, parallel to and northerly of the following described line: BEGINNING on the northerly line of Parcel 1 of "Parcel Map,Lands of the Town of Tiburon" filed in Book 26 of Parcel Maps at Page 43, Marin County Records at the westerly terminus of the line designated North 82°48'00" West, 180.00 feet; Thence South 82°48' 00" East, 180.00 feet; Thence North 76°29' 08" East, 42.18 feet; Thence North 47°54'00" East, 140.48 feet to the END OF THIS DESCRIPTION. The westerly terminus of the sideline of said 30.00 foot strip shall terminate in the easterly line of Ned's Way as shown on said Parcel Map and the easterly terminus of the side line of said 30.00 foot strip shall terminate in a line projected northerly with a bearing of North 9° 15'3 0" East from the easterly terminus of the line descibed as North 47°54'00" East, 140.48 feet. Prepared by: I.L. Schwartz Associates, Inc. rha L. C.E. C• 04 1 No. 1 z-1 I:A 68761gl.doc 06/29/00 TOWN OF TIBURON FOLE C@PU, 1505 TIBURON BOULEVARD - TIBURON - CALIFORNIA 94920 - (415) 435-7373 FAX (415) 435-2438 E. P. No.: 2000-04 ENCROACHMENT PERMIT Date: 6/28/2000 TO: Ned's Way Garden Homes LLC C/o Taylor-Woodrow Attn: Mark Chamberlain 160 Mitchell Boulevard San Rafael, CA 94903 Pursuant to your encroachment permit application filed February 1, 2000, APPROVAL IS HEREBY GRANTED FOR: 1. Use of a 30-foot strip of Town-owned land, generally described as the southerly most 30 feet of APN 58-151-27, for irrigated landscape buffer purposes in association with the construction on adjacent property of the Chandler's Gate residential project. Reference is made to Sheet L4.2, dated 5/8/2000, of the Chandler's Gate Building Permit Drawings for particulars. At: The southernmost 30-foot portion of the 2.0 acre Town of Tiburon-owned property on Ned's Way located north (uphill) from 2-98 Ned's Way. APN: 58-151-27 All work shall be done in accordance with the attached general provisions, Special Conditions, with the additional condition that in conjunction with recordation of the final subdivision map for Chandler's Gate, an agreement shall also be recorded regarding the revocable nature of this permit and the landscaping, irrigation, and other improvements that may be associated with it. Refer to attached form of agreement for particulars. This permit is to be strictly construed and no work other than that specifically stated above is authorized herein. Scott Anderson, Planning Director & Town Engineer Designee /neds/buffer eneroachment.doc EXHIfIlT "C" TOWN OF TIBURON 1505 TIBURON BOULEVARD TIBURON CALIFORNIA 94920 • (415) 883-9200 FAX (415) 883-2763 OFFICE OF THE TOWN ENGINEER Irving L. Schwartz X00!/_ E.P. No. ~ APPLICATION FOR ENCROACHMENT PERMIT s-t Application Date: r'e~6 1 The undersigned hereby applies for permission to perform the following described work and/or otherwise encroach on Town right-of-way or property: Grade and landscape 30' buffer-strip northerly of Ned's Way Garden Description of Proposed Work - Attach Plan homes site, t o TATnc7- (Former Town Hall site Address or Location of Work r rb~ ~ OI(~ O 1 Tiburon BoL 1 eva rzl_ Nearest Cross Street Assessor's Parcel Number March, 2000 Estimated Commencement Date Town of Tiburon October, 2001. Estimated Completion Date Owner's Name and Address if Different Than Applicant Below N/A For Driveways: Specify Type of Surfacing and Size of Culvert (if Applicable) Applicant agrees that all work will be performed in accordance with the rules, regulations and standards of the Town of Tiburon. All work shall be subject to inspection and approval by the Public Works Department and./or Town Engineer. Not yet selected Contractor Address City, State, Zip License No. Phone ~Z3 o Date Received Soo' Fee Ned's Way Garden Homes, LLC App ' t (Prin e) Applicant' ignature 160 Mi ell Boulevard Mailing Address San Rafael, CA 94903 City, State, Zip 015) 492-5506 Phone TOWN OF TIBURON 1505 TIBURON BOULEVARD • TIBURON • CALIFORNIA 94920 • (415) 883-9200 FAX (415) 883-2763 OFFICE OF THE TOWN ENGINEER Irving L. Schwartz ENCROACHMENT PERMIT SPECIAL CONDITIONS Work in Town Streets 1. Traffic Control: On all Town Streets, one lane of Traffic in each direction shall be maintained at all times, unless otherwise approved by the Town Engineer. All traffic control shall be in accordance with Cal Trans standards. 2. Work Hours: Hours of work are limited to 8:00 a.m. to 5:00 p.m. Work will not be permitted on weekends or legal holidays unless approved by the Town Manager. 3. Trench restoration shall be Type "B" in the unpaved shoulder area and Type "D" or match existing, whichever is greater, in the paved road section per Uniform Construction Standard (U.C.S.) Dwg. No. 991. 4. Whenever the existing pavement between the edge of pavement and the trench is less than 4 feet wide, that section of the pavement shall be rer: owed and replaced as part of the trench restoration. 5. Permanent trench paving shall be completed no later than five working days after backfilling unless extensions are granted in conformance with a "pavement restoration schedule" approved by the Town Engineer. 6. Certified compaction test (at maximum 100 ft. spacing) results shall be submitted to the Town Engineer prior to final paving. 7. The pavement. along the entire project length shall be cleaned of all mud, dirt, gravel and debris at the end of each working day. 8. No trenches shall be left open overnight unless they are completely covered by traffic rated steel plates. 9. Curb, gutter and sidewalk restoration shall be in accordance with the U.C.S. Dwg. No. 101. 10. Safety equipment, as provided by the contractor, shall include barricades with flashers, cones, delineators, flagmen and warning signs. Type and placement of all safety equipment shall conform to Cal Trans standards and shall be subject to review and approval by the Town Engineer. 11. Access shall be provided at all times to properties within or near the construction area. 12. Traffic striping and/or pavement legends damaged during construction shall be temporarily replaced at the end of each working day and permanently replaced upon completion of paving. 13. Failure to comply with the conditions of this permit or to maintain traffic control in a safe manner shall be cause for the immediate shutdown of work. 14. The Contractor and/or Permittee will be responsible for the work authorized by the encroachment permit for one year. TIB CONTRACTS CUSTOM Encroachment Permit SP doc 02101/00 _ i 1505 TIBURON BOULEVARD • TIBURON • CALIFORNIA 94920 • (415) 883-9200 TOWN OF TIBURON FAX (415) 883-2763 • OFFICE OF THE TOWN ENGINEER Irving L. Schwartz ENCROACHMENT PERMIT GENERAL PROVISIONS 1. Definition: The term Encroachment is used in this permit as defined in Section 19.1 of the Tiburon Municipal Code as "work" within, upon or beneath Town streets, street right-of-ways or Town-owned land. This permit does not authorize, and it shall not be construed as authorizing any infringement upon or as affecting property rights of others to the Town streets, street right-of-ways or Town-owned land referred to herein. 2. Acceptance of Provisions: It is understood and agreed by the Permittee that the doing of any work under this permit shall constitute' an acceptance of the provisions. 3. No Precedent Established: This permit is granted with the understanding that this action is not to be considered as establishing any precedent on the question of the expediency of permitting any certain kind of encroachment. 4. Notice Prior to Starting: Before starting work on which Town inspection is required or whenever stated on the face of this permit, the Permittee shall notify the Tiburon Department of Public Works. Such notice shall be given at least 24 hours in advance of the date work is to begin. 5. Keep Permit on the Work Site: This permit shall be* kept at the site of the work and must be shown to any representative of the Town of Tiburon or any law enforcement officer on demand. 6. Permits from other Agencies: The party or parties to whom this permit is issued shall, whenever the same is required by law, secure the written order of consent to any work thereunder from the State of California Public Utilities Commission, or any other public board having jurisdiction, and this permit shall be suspended in operation unless and until such order or consent is obtained. 7. Protection of Traffic: Adequate provision shall be made for the protection of the traveling public. Barricades shall be placed with lights at night, also flagmen employed, all as may be required by the particular work in progress. TIBURON CUSTOM Encraochment. Permit. Gen. doc February 1. 2000 8. Minimum Interference with Traffic: All work shall be planned and carried out so that there will be the least possible inconvenience to the traveling public except for the specific work permitted. 9. Storage of Material: No material shall be stored within four (4) feet from the edge of traveled way. 10. Clean Up: Upon completion of the work, all brush, timber scraps and material shall be entirely removed and the Town streets, street right-of-ways and Town- owned land left in a presentable condition as before work started. 11. Damage to Right-of-Way Improvements: Any damage done to existing facilities, roadway or structures due to construction operations under this permit shall be restored to original condition by the Permittee. Shoulder areas shall be redressed, drainage ditches shall be restored to original grades and all dirt and debris resulting from Permittee's construction operations shall be removed at Permittee's expense as directed by the Town Engineer. 12. Standards of Construction: All work shall conform to the recognized standards of construction. 13. Supervision of Grantor: All work shall be done subject to the supervision of and to the satisfaction of the Town of Tiburon. 14. Future Moving of Installation: It is understood by the Permittee that whenever construction, reconstruction or maintenance work on the street, right-of-ways or Town-owned land may require, the installation provided for herein shall, upon request of the Town Engineer, be moved within a reasonable period of time as approved by the Town Engineer, and at the sole expense of the Permittee. 15. Liability for Damages: The Permittee is responsible for all liability imposed by law for personal injury or property damage which may arise out of work herein permitted, or which may arise out of failure on the Permittee's part to perform his obligations under this permit in respect to maintenance. In the event any claim of such liability is made against the Town of Tiburon, or any department officer, or employee thereof, Permittee shall defend, indemnify and hold them and each of them harmless from such claim. Nothing herein is intended to impose on Permittee any different or higher standard of care that is required by law. This permit shall not be effective for any purpose unless and until the above named Permittee files with the Town Engineer a Surety Bond in the form and amount required by the Town Engineer if stated on the face hereof. The requirement that a bond be filed does not apply in the event the Permittee is a governmental board which derives it revenue by taxation, or any public TIBURON CUSTOM Encraochment. Permit. Gen. doc February I, 2000 i agency or public utility having lawful authority to occupy the street and right- of-way. 16. Underground Utilities: In cases involving excavation, grading or trenching, the Permittee shall be held responsible for locating any underground utilities. 17. Care of Drainage: If the work herein contemplated shall interfere with the established drainage, ample provision shall be made by the Permittee to provide for it as may be directed by the Town Engineer. 18. Submit Location Plan: Upon completion of underground or surface work of consequence, the Permittee shall furnish a plan to the Town Engineer showing location and details upon request of the Town Engineer. 19. Maintenance: The Permittee or his Assignee of Interest agrees by the acceptance of this permit to exercise reasonable care to maintain properly any encroachment placed by it and to exercise reasonable care in inspecting for and immediately repairing and making good any injury to any portion of the street, right-of-way or Town-owned lands or as a result of the work done under this permit, including any and all injury to the Town streets, street right-of-ways or Town-owned land which would not have occurred had such work not been done or such encroachment not placed therein. 20. The Permittee shall indemnify, defend and hold harmless, the Town and its employees, agents, officials and contractors for any claims, liabilities or losses arising from the work performed pursuant to this permit. 21. The Town Engineer shall have the authority to impose additional conditions or provisions on this permit, which may include, without limitation, minimum insurance requirements, a requirement that the Town be added as additional .insured to required insurance policies and performance and payment bonds for the work authorized by this permit. TIBURON CUSTOM 3 Encraochment Permit Gen.doc February I, 2000