HomeMy WebLinkAboutTC Res 2011-12-07 (3)RESOLUTION NO. 59-2011
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AUTHORIZING THE RELEASE OF OPEN SPACE RESTRICTIONS FROM
PORTIONS OF PROPERTY LOCATED AT 5 AND 9 MAIN STREET
(ASSESSOR PARCEL NUMBERS 059-151-41 AND 059-151-40)
WHEREAS, in 1977 the Town of Tiburon required certain restrictive covenants
to be placed on properties at 5 and 9 Main Street in association with the planned
construction of a waterfront bridge and walkway ("Allan Thompson Bridge"). The
restrictions were intended to preserve for posterity as open, undeveloped and unimproved
space (i.e., water), the areas immediately bay-ward of the Allan Thompson Bridge upon
its construction; and
WHEREAS, shortly thereafter the Town constructed the Allan Thompson Bridge,
a pedestrian access way that utilized portions of the 1977 Easement to enhance public
access to the ferry terminal located on adjoining property at 5 Main Street; and
WHEREAS, in 2001, the Town constructed a new, relocated, and ADA-accessible
Allan Thompson walkway utilizing portions of the restricted open space areas, but
leaving all bay-ward portions of the remaining open space-restricted areas open for the
benefit of the public; and
WHEREAS, the full length of the Allan Thompson walkway remains subject to a
public access easement granted in 2001; and
WHEREAS, the Town and property owner of 5 and 9 Main Street now wish to
clarify the public record by releasing the open space restrictions from those portions of
the properties over which the new Allan Thompson walkway has been constructed; and
WHEREAS, an Agreement releasing said portions of property from the open
space restrictions has been executed by the property owner.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon Town of Tiburon hereby approves the Agreement authorizing the release of open
space restrictions, attached hereto as Exhibit 1, authorizes the Town Manager to execute
it, and directs the Town Clerk to ensure its timely recordation.
Tiburon Town Council Resolution No. 59-2011 1210712011
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon on December 7, 2011, by the following vote:
AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks, O'Donnell, Slavitz
NOES: COUNCILMEMBERS: None
.,AVITZ, OR
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ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
SAAdministration\Tovvn Counci]\Resolutions\5 and 9 Main release of restrictions reso.doc
Tiburon Town Council Resolution No. 59-2011 1210712011 2