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HomeMy WebLinkAboutAgr 1998-08-07 (Logan Family Trust)TOWN OF TIBURON ' . 1505 TIBURON BOULEVARD TIBURON CALIFORNIA 94920 _ (415) 435-7373 FAX (415) 435-2438 November 4, 1998 John P. Halfpenny, Esq. Steefel, Levitt & Weiss One Embarcadero Center, 30th Floor San Francisco, CA 94111-2019 Re: 10 Via Paraiso East, Tiburon, CA Settlement of Logan Claim dated February 11, 1998 Dear John: Enclosed please find an executed copy of the Settlement Agreement for the above claim and the Town's check for $5000, payable to the Logan Family Trust. We will send you a conformed copy of the grant deed after we receive it from the County Recorder's Office. If you have any questions, please call me at (415) 435-7370. Very truly yours, Ann R. Danforth Town Attorney Enclosures cc: Harry S. Matthews, Mayor (with enclosure) Tom Gram, Councilmember (with enclosure) Robert L. Kleinert, Town Manager 0810711yyti 10: 15 4154Jb24db 1 UWN Ur i bUKUN r-HQr- uID SETTLEMENT AGREEMENT AND SAL GENERAL RELEASE This Settlement Agreement and Mutual General Release ("Agreement") is entered into as of K 1998 between the Town of Tiburon (``Town"), a municipal corporation, and Kent A. Logan and Victoria Logan ("Logans"), as individuals and as co-trustees for the Logan Family Trust C7.ogan Trust"). 1. The Logan Trust is the owner of property located at 10 Via Paraiso Bast in the Town of Tiburon ("Logan Property"), more particularly described in Exhibit A. The Logan Property is located immediately adjacent to and downhill from Town-owned property that is more particularly depicted in Exhibit B ('"Open Space Property"). 2. The Town acquired the Open Space Property in 1973 for open space purposes, to be preserved in its natural, undeveloped state. On October 3, 1972, the voters of the Town approved the use of general obligation bonds to finance the purchase of the Open Space Property and other ridgeland properties for pneservstion. 3. On or about February 3, 1998, during a period of unusually heavy gains, a landslide occurred that was located partly on the Logan Property and partly on the Open Space Property. This landslide deposited mud and other debris in the public and private portions of via Paraiso. 4. On February 11, 1998, the Logans, through their attorney, filed a claim against the Town pursuant to California Government Code 900 et seq ("Claim"). In the Claim, the Logans demanded $50,000 in compensation for the costs of cleaning up the mud and other debris from the landslide and further demanded that the Town, take afrnnative action to stabilize the hillside. 5. In negotiating a settlement of the Claim, the parties have agreed that certain stabiliastion improvements should be performed on the hillside where the slide occurred, which improvements are descriibed in plans on file with the Town and approved by the Town Engineer ("Improvements"). The Town Engineer has determined that it portion of the Open Space Property should be so stabilized ("Improvable Open Space"). The Improvable Open Space is more particularly described in Exhibit C. 6. The Open Space Property, including the Improvable Open Space, is presently in an unimproved state. Accordingly, the Town contends that by state law, the Town is immune from any liability for damages resulting from the movement of earth on the Open Space Property. The Town might lose this immunity if the Improvements are performed on the Open Space Property. 08107/1998 10:25 4154352438 TOWN OF TIBURON PAGE 04 7. The Improvable Open Space is located near a ridgeland and is visually prominent. It is located on a very steep hillside and is not valuable for public recreation. Accordingly, its primary value as open space is for its scenic quality and as natural habitat. 8. In light of the desirability ofthe Improvements and the potential liability that the Town might incur if the Improvable Open Space is improved, the parties have agreed that the Improvable Open Space should be transferred to the Logans subject to deed restrictions that allow the Improvements, but preclude any other modification or development of the transferred property. By this transfer, the parties intend that the Logans shall assume all responsibility for maintaining the Improvable Open Space, and all potential liability for such maintenance, whale preserving the property for the purposes for which the Town acquired it. 1. The, Town shall, within 30 days of the date of this Agreement, execute a quitclaim deed, conveying all of its rigs title and interest in the Improvable Open Space to the Logans as set forth in this Agreement. 2, The deed shall contain the following provisions: A. The Improvable Open Space will remain in its natural state in perpetuity, except for those improvements necessary to stabilize the soil_ Except for the Improvements authorized by this Agreement, no structures or improvements of any kind will be permitted on the Improvable Open Space, including, without limitation, fences. No landscaping will be permitted, nor any other alteration ofthe natural vegetation except ea may be authorized by the Town for health and safety purposes. B. In any future development of the Logan Property, the Improvable Open Space will not be considered or used in any calculation of the maximum floor area ratio allowed on the Logan Property or in any other method that the Town may in the future adopt for determining the maximum amount of development allowed on the Logan Property. C. Thew restrictions will run with the land and be binding on the Logana' successors in interest is the property. 3. 17te parties agree that the Improvements should be performed as soon as possible. Accordingly, the Town shall issue all necessary permits for the work as soon as practicable. The Town hereby waives all fees normally imposed by the Town for such permits. 4. The Town will pay 55000 (five thousand dollars) to the Logans to contribute to the cost of the Improvements. The Logans have stated that they wish to donate these monies to the Belvedere-TiburonLibrary Agency. Accordingly, at the Logans' direction, the Town will pay 2 08/07/1998 10:25 4154352438 TOWN OF TIBURON PAGE 05 the S5000 directly to the Belvedere-Tiburon Library Agency within 30 days of the execution of this Agreement. 5. The parties agree that, as restricted by this Agreement, the Improvable Open Space is of negftt'ble economic value to the Logans. The Town will take such action as the Logans may reasonably request to assist the Logans to establish to the Marin County tax assessor and collector that the Logans should not incur additional property tax liability as a result of this Agreetn=. 6. Except for claims arising from breach of this Agreement, the Logans hereby waive and release the Town from all claims arising from or related to unstable soils on the Open Space Property, includ;new ~ without limitation, the Claim dated February 11, 1998. The Logans accept the undectaldngs set forth in this Agreement in full settlement and compromise of their claims against the Town. The Logans further agree that this Agreement shall fully and forever discharge and release any and all claims and causes of action whether now known or now unknown, which the Logans have against the Town arising out of the events or incidents refuted to in the Claim, including any claims for attorneys' fees and costs. 7. This Agreement includes an express waiver of Civil Code section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." V Lows (Hit.) 'T'own (init.) 8. The Logans shall indemnify, and hold the Town harmless from and against any and all monetary damages (exclusive of attorneys fees) resulting from any proceedings, claims or other challenges asserted by any person against the Town to set aside or void this Agreement. In the event that such proceedings, claims or other challenges result in a reconveyance of the unprovable Open Space to the Logans after the Improvements have commenced, Paragraphs 6 and 7 of this Agreement shall continue in full force and effect. 9. The Logans Grill indemnify, defend and hold the Town harmless from any losses, claims, damages or proeeedisi, including attorneys fees and costs of expert testimony, arising from allegedly unstable soils on the Improvable Open Space. 10. It is understood and agreed that this is a compromise settlement agreement of disputed claims, and that the execution of this Agreement shall not constitute or be deemed or construed as an admission of liability on the part of any of the parties. 3 to U/ to( I I DDO 107. L0 41~4J JL4JC1 1 UWIN Ur 1 lUU1-\U1`1 the S5000 directly to the Belvedere-Tiburon Library Agency within 30 days of the execution of this Agreemient. 5. The parties agree that, as restricted by this Agreement, the Improvable Open Space is of negligible economic value to the Logans. The Town will take such action as the Logans may reasonably request to assist the Logans to establish to the Marin County tax assessor and collector that the Logans should not incur additional property tax liability as a result of this Agreement. 6. Except for claims arising from breach of this Agreement, the Logans hereby waive and release the Town from all claims arising from or related to unstable soils on the Open Space Property, including, without limitation, the Claim dated February 11, 1998- The Logans accept the undertakings sot forth in this Agreement in full settlement and compromise of their claims against the Town. The Logans further agree that this Agreement shall fully and forever discharge and release any and all claims and causes of action, whether now known or now unknown, which the Logans have against the Town arising out of the events or incidents referred to in the Claim, including any claims for attorneys' fees and costs. 7. This Agreement includes an express waiver of Civil Code section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Lows ('init.) Town (init.) 8. The Logans shall indemnify, and hold the Town harmless from and against any and all monetary damages (exclusive of attorneys fees). resulting from any proceedings, claims or other challenges asserted by any person against the Town to set aside or void this Agreement. In the event that such proceedings, claims or other challenges result in a reconveyance of the Improvable Open Space to the Logans after the Improvements have commenced, Paragraphs 6 and 7 of this Agreement shall continue in full force and effect. 9. The Logans will indemnify, defend and hold the 'town harmless from any losses, claims, damages or including attorneys fees and costs of expert testimony, arising from allegedly unstable soils on the Improvable Open Space. 10. It is understood and agreed that this is a compromise settlement agreement of disputed claims, and that the execution of this Agreement shall not constitute or be deemed or construed as an admission of liability on the part of any of the parties. 3 11 The pasties acknowledge that they have been represented in the preparation of this Agreement have read this by the below-listed counsel. The patties further acknowledge that they and a have not Agreement and that they are fully aware of its intent and its legal effect they been influenced to any extent whatever by any representations made to them by each other. The p"es further represent that they participated in the negotiation of this Agreement and that it will not be interpreted against any of them as the draftsperson in the event of a dispute about this anent. 12, This Agreement represents the sole and entire agreement between the parties hereto and e supersedes all prior agreernentsy negotiations and discussions among them with respect to the subject matter covered hereby. Any amendment to this Agreement must be to writing signed by the authorized representatives of the parties hereto. 13. This Agreement may be executed in counterparts, each of which when so executed shall be deemed an origirad, and this Agreement -and all signed counterparts shall constitute one and the same ' . 14. This Agreement is deemed executed on the date first written above. 15. Any provisions of Evidence Code section 1152.5 notwithstanding, this Agreement may be enforced by any party hereto by a motion under Code of Civil Procedure section 664.6 or by any other procedure permitted by law in the Superior Court of Marin County. 16. This Agreement. consisting of pages, skull be construed and enforced in accordance with law of the State of California. 17. This Agreement includes the following Exhibits, which are attached hereto and incorporated herein by rcfarcrice: Exhibit A The Logan Property Exhibit B The Open Space Property Exhibit C The Improvable Open Space IN WITNESS WHEREOF, the parties have executed this Agreement on the date listed above. vicroRrn io arr O~ THE TOWN T By: Ro L. Kleinert Town Manager, Town of Tiburon LOGARS$r 4 08/07/1998 10:25 4154352438 TOWN OF TIBURON SIGNATURES CONTMED FROM PRIOR PACE 7 A. LOGAN APPROVED AS TO FORM: APPROVED AS TO FORM: Ann R. Danforth, Esq_ Town Attorney, Town of Tiburon Esq- w for Kant aW Vicki Logan PAGE 07 LOGARM 5 r` / I ` T r OLD ~LLr JBLIC TITLE COMPANY ORDER NO. 477886 The land referred to in this Report is situated in the County of Marin, City of Tiburon State of California, and is described as follows: PARCEL ONE: PARCEL A. as shown upon that certain Parcel Map entitled, "Parcel Map of Lots 18, 19, 20, 21 and 22, and a portion of Via Paraiso East, (vacated), Map of Del Madera Subdivision Lands of the Tiburon Peaks Partnership, Town of Tiburon, Volume 19 of Maps, at Page 23, Marin County Records", filed for record February 23, 1989 in Book 24 of Parcel Maps, at Page 52, and as amended August 3, 1989 in Book 24 of Parcel Maps, at Page 70, Marin County Records. PARCEL TWO: AN EASEMENT for ingress, egress, public and private utility purposes as shown and designated upon the filed map referred to above herein as '30' ingress, egress, public and private utility easement." EXCEPTING THEREFROM that portion of said easement lying within the boundaries of Parcel A, as referred to above herein. "r• 's- 23r45ey 16 13a it c NSI.4o• E m O 5 .-0 i O 148 70 Q ,`b $ ZSa ~Z ! ~b 4 In . 'til. 04D 9 ~ i f ` J o r 6 9 11.7 o a 06 X05 ry~~oh U ,►o a 7 o N'Zeo 3 o t-i n oa z ^ ~ 8 a a 4d 1.25 A c `53.2z cn a _-4 1 137. 83 N 26 a IL7 7 - - - 6 ~ s 440 SI'W 9 09 4 04.9 ASSESSOR'S RN C;oUNT`~ u. M q r` 0fl'~ I07.v Sag h s~ ~o~ sD.19 ,A GADASTAAL MAP c l t 4 / 4 1.1.3 12 REF;.REC F p, S t= MA -0 THIS F• T c;;F4F0zES E N O R - b` ►1 ►5p ; ~ ob 4 s 13 O~ 114 F N ASSESS ,-S-LINiED F ~'P Ao~ M Np LIABILITY IS - c -iWN. CCURACY OF THE DP,-'^ = " 0 ART f~ M f~ ls8 5 ~ GL 7 14 3 A " THE A ASSESSOR'S PARCELS MAY T-St--1T AS AL LO Y V417H L ES 1 ° o 17 G ~ZS I l 8 i . COMPL A BUILDING SIT E ORDINANC ^ O C3 I 92 ° p 5 4 a_ ►9-23 -p V -C L V 1 ' h1 5 34 vJ )304• v3 4 Js~ t s2.5 \ P. C r S43°1V'VV Z_ F r oM~u Ut _~ri_ i io r r I MT I IMF nr ur i nnu_ EXHIBiTNO PARK 8.72 Ac. P A 1 01,10, EXHIBIT "C" DESCRIPTION LOT LINE ADJUSTMENT The land herein referred to is situated in the County of Marin, State of California, and is described as follows: A portion of the lands of the TOWN OF TIBURON as described by deed recorded in Book 2729 of Official Records, page 543, Marin County Records, more particularly described as follows: Commencing at the southeasterly corner of the lands of Logan as described by deed under Document No. 95-031800, Marin County records; Thence North 0° 05' West 30.00 feet, along the easterly line of said lands of Logan, to the Point Of Beginning; Thence South 79° 00' East 140.00 feet; Thence N 11° 00' East 75.00 feet; Thence North 79° 00' West 166.61 feet to the easterly line of said lands of Logan, being a point on a curve with a radius of 145.00 feet from which the radius bears South 66° 44' 40" West; Thence southerly along said line and curve through a central angle of 23° 10' 20" for an arc distance of 58.64 feet; Thence continuing South 00° 05' East 21.66 feet along said line to the point of beginning. Containing 0.26 acres more or less. The purpose of this deed is to combine a portion of the lands of the TOWN OF TIBURON as said lands are described by deed recorded in Book 2729 of Official Records, page 543, Marin County Records (A.P. No. 039-290-043), with the lands of Logan as said lands are described by deed recorded under Document No. 95-031800, Marin County Records (A.P. No. 039-290-045). LAND Se~ L Fs- J MIK BUT 'A MIKE BUTI NO. 5092 LAND SURVEYOR ~`T SONOMA, CALIF. OF CA NORTH SCA" flaw 4`7 tP ~l &W AlhgdOSd Jew MJWN - --"Jo► ~a 4 V ~ 4 oo~z fail R ~~0 • ~CA T V a~ U 44T 6b.1 Recording Requested by: W kLyl VALA, ve tw-1 tv Diane Crane Town Clerk of the Town of Tiburon 1155 Tiburon Boulevard Tiburon, CA 94920 APN# 039-290-043 (portion) 998-GD GD g57S6 Recorded I REC FEE 16.00 Official Records I County Of I Marro JOAN C. THAYER Recorder I Ig 01:MM 19-Nov-1998 I Page 1 of 4 /13-©/ .2-1 0 4--ro y QUITCLAIM DEED The Town of Tiburon, a municipal corporation, ("Grantor"), hereby quitclaims to the Kent A. Logan and Victoria Logan, as trustees of the Logan Family Trust, all right, title and interest which it may have in and to the real property situated in the Town of Tiburon, Marin County, California, which is more particularly described in Exhibit A attached hereto and incorporated herein. This conveyance is subject to the following conditions, covenants and restrictions, which will run with the land and be binding on all successors in interest to the subject real property: A. The Improvable Open Space will remain in its natural state in perpetuity, except for those improvements necessary to stabilize the soil. Except for the Improvements authorized by this Agreement, no structures or improvements of any kind will be permitted on the Improvable Open Space, including, without limitation, fences. No landscaping will be permitted, nor any other alteration of the natural vegetation except as may be authorized by the Town for health and safety purposes. B. In any future development of the Logan Property, the Improvable Open Space will not be considered or used in any calculation of the maximum floor area ratio allowed on the Logan Property or in any other method that the Town may in the future adopt for determining the maximum amount of development allowed on the Logan Property. IN WITNESS WHEREOF, the Grantor has subscribed its name this day of MoV4* Ze-r 91998. s Town of Tiburon QUrrcr.AMogans.sec.wpd V. Dt3C'UMEYiARY TRANSFER TAX Computed on full value of property conveyed OR Computed on fuU value less liens and encumbrances remaining at time of sale. Signatura of Declarant or Agent determining tax Firm Name EXHIBIT "A" DESCRIPTION LOT LINE ADJUSTMENT The land herein referred to is situated in the County of Marin, State of California, and is described as follows: A portion of the lands of the TOWN OF TIBURON as described by deed recorded in Book 2729 of Official Records, page 543, Marin County Records, more particularly described as follows: Commencing at the southeasterly corner of the lands of Logan as described by deed under Document No. 95-031800, Marin County records; Thence North 0° 05' West 30.00 feet, along the easterly line of said lands of Logan, to the Point Of Beginning; Thence South 79° 00' East 140.00 feet; Thence N 11° 00' East 75.00 feet; Thence North 79° 00' West 166.61 feet to the easterly line of said lands of Logan, being a point on a curve with a radius of 145.00 feet from which the radius bears South 66° 44' 40" West; Thence southerly along said line and curve through a central angle of 23° 10' 20" for an arc distance of 58.64 feet; Thence continuing South 00° 05' East 21.66 feet along said line to the point of beginning. Containing 0.26 acres more or less. The purpose of this deed is to combine a portion of the lands of the TOWN OF TIBURON as said lands are described by deed recorded in Book 2729 of Official Records, page 543, Marin County Records (A.P. No. 039-290-043), with the lands of Logan as said lands are described by deed recorded under Document No. 95-031800, Marin County Records (A.P. No. 039-290-045). LAND G MIK BUT MIKE BUTT NO. 5092 LAND SURVEYOR SONOMA, CALIF. TF ~ OF CA b; a NORTH SCALE 1 *0 3r Ste i i al "-;a Mw4m a ) a ~ Rz 0. ~U W 2 0 m~ 1 11 1 a x!Ila 1 2_ A 6 01P, i ALL-PURPOSE ACKNOWL. JGMENT F 0 .011100. *41dow 0 .41mow 0.0amwe • State of California • ' County of IN SS. ' . C°~4 NE ' On m-~ %2, Py before me, L.._ ' • (DATE) (N TAR ) • personally appeared A:O 6 64 w4re7 ' SIGNER(S) ' personally known to me - OR- ❑ proved to me on the basis of satisfactory ' • evidence to be the person(s) whose name(s) • ' is/are subscribed to the within instrument and ' • acknowledged to me that he/she/they executed • ' the same in his/her/their authorized ' • capacity(ies), and that by his/her/their • ' signature(s) on the instrument the person(s), ' • D. L. CRANE or the entity upon behalf of which the • Comm. # 1119443 rrnn person(s) acted, executed the instrument. ' UI • • N NOTARY PUBLIC -CALIFORNIA ' } . Marin County My Comm. Ex irae Dec. 8, 2000 • WITNESS my hand and official seal. • • NOTARY'S SIGNATURE • OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ INDIVIDUAL ❑ CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT ale" f''K 4-ear.."6 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) 3 r7' W04 NUM ER OF PAGES • ❑ GUARDIAN/CONSERVATOR • ' L OTHER: r- A I A[ A4 AN A4159 ' DATE OF DOCUMENT I SIGNER IS REPRESENTING: ' ' NAME OF PERSON(S) OR ENTTTY(IES) • OTHER • Le .4110ow 0.0600- 0 _4NE10- APA 1/94 VALLEY-SIERRA, 800-362-3369