HomeMy WebLinkAboutAgr 1994-03-28 (Anne Steiger).3^ZS- 49~
j RECORDING REQUESTED BY:
TOWN CLERK
TOWN OF TIBURON
WHEN RECORDED MAIL TO:
TOWN CLERK
TOWN OF TIBURON
1155 TIBURON BLVD.
TIBURON, CA 94920
94~03278631 Rec Fee
I Check
Recorded I
Official Records I
County of I
MARIN I
JAMES DAL BON I
Recorder I
8:01am 15-Apr-94 I
13. 00
13. 00
XX 3
AGREEMENT TO ALLOW FUTURE MAINTENANCE OF TREES
This agreement is made this oZ & +f, day of March, 1994, by and between the
Town of Tiburon (hereafter "Town") and Anne Steiger (hereafter "Steiger").
RECITALS
A. On August 12, 1993, the Town and Steiger filed with the Marin County Superior
Court a Stipulated Settlement Agreement as a means of settling lawsuits brought by
each party against one another (Marin Superior Court Case No. 151099).
B. As part of that Settlement Agreement, Steiger agreed to allow certain trees on her
property to be trimmed and/or topped to specified heights. The Settlement
Agreement also requires Steiger to allow certain designated property owners to have
these trees topped and trimmed every three years so as to maintain the views
restored by the work done. The Settlement Agreement provides that this future
maintenance agreement be recorded and shall be binding on Steiger and her heirs,
successors and assigns.
C. The parties now wish to comply with the above-referenced provisions of the
Settlement Agreement by executing this agreement.
D. While the Town and Steiger are signatories to this agreement, the parties recognize
that the property owners designated herein are express third party beneficiaries of
this agreement and as such shall be entitled to enforce the provisions of this
agreement.
1
Based on the above stated facts, the parties hereby agree as follows:
1. During the month of January 1997, and every third January thereafter, Steiger shall
allow a certified arborist selected by the current and future owners of the properties
designated below in Paragraph 2, to enter on her property at 10 St. Bernard Lane
(AP# 059-071-56 and 059-071-57) to have the trees designated in Paragraph 3
trimmed or topped to the view line in existence on the date of execution of this
agreement. This view line shall be determined from photographs and any other
documentary evidence of the current condition of the trees.
2. The current and future owners of the following properties are expressly made third
party beneficiaries of this agreement and they shall be entitled to enforce its
provisions:
-1830 Lagoon View Drive (AP#059-141-03)
-347 Ridge Road (AP#059-041-10)
-315 Ridge Road (AP#059-081-05)
-445 Ridge Road (AP#059-042-06)
-300 Ridge Road (AP#059-082-19)
-345 Ridge Road (AP#059-081-04)
-349 Ridge Road (AP#059-041-11)
-1828 Lagoon View Drive (AP#059-041-15)
-1965 Vistazo West (AP#059-041-17)
3. The trees subject to the future maintenance provisions of this agreement are Trees
#7-13, 17-18, 20, 23 and 33-37, as identified in the Stipulated Settlement Agreement
between the parties.
4. Steiger's obligations under this agreement shall terminate at such time as all of the
trees described in Paragraph 3 above have been removed for whatever cause.
5. The cost of the work necessary to comply with the terms of this agreement shall be
borne by the persons listed in Paragraph 2 above. Steiger shall have no responsibility
for any of these costs.
6. The persons listed in Paragraph 2 shall select the person(s) to perform the work and
the time when such work shall be completed, subject to the consent of Steiger, which
consent shall not be unreasonably withheld.
7. The terms of this agreement shall be binding upon Steiger's heirs, successors, and
assigns.
8. In the event of any lawsuit between the parties or the third party beneficiaries
regarding the interpretation or enforcement of this agreement, the prevailing party
in any such litigation shall be entitled to recover their costs, including reasonable
attorney fees.
2
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