HomeMy WebLinkAboutTC Res 2013-07-17 (4)RESOLUTION NO. 30-2013
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON GRANTING AN EXCEPTION TO A TOWN CONSERVATION
EASEMENT ON RING MOUNTAIN PARCEL H (325 TAYLOR ROAD) TO
ALLOW THE INSTALLATION OF A WATER LINE TO SERVE
LOT 2 OF THE PARENTE VISTA SUBDIVISION
(ASSESSOR PARCEL NO. 038- 182 -41)
WHEREAS, on April 22, 1994 the Town of Tiburon entered into an agreement
for a conservation easement across the property located at 325 Taylor Road (Ring Mountain
Parcel H, Assessor Parcel No. 038 - 182 -41). This easement, recorded as Document No. 94-
041134, contains restrictions on the use of the property contained within the easement, but
provides that the "Town Council may authorize exceptions to these restrictions, "provided
such exceptions are consistent with the purposes of law and not incompatible with the
approved [Ring Mountain Parcel H] Precise Development Plan "; and
WHEREAS, the owners of adjacent property (Lot 2 of the Parente Vista
Subdivision), Lionel Achuck/Dragon 22 LLC, have requested permission to install a 2 inch
diameter water line within a proposed 10 foot wide water facilities easement within the
Town's conservation easement on Ring Mountain Parcel H in order to provide water service
to their property; and
WHEREAS, the proposed water line would involve minimal disruption to the
land within the conservation easement and would leave the property afterwards
indistinguishable from its present condition. This temporary disturbance would not be
incompatible with the intent of the conservation easement or the Ring Mountain Parcel H
Precise Development Plan to keep this portion of the site in a natural condition; and
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon hereby authorizes an exception to the restrictions contained within its conservation
easement on Ring Mountain Parcel H for the purposes of constructing a water line to serve
Lot 2 of the Parente Vista Subdivision, subject to the following conditions of approval:
The construction of the water line shall be completed to the satisfaction of
the Director of Community Development and the Public Works Director.
The area of construction shall be hydroseeded with native grasses after
construction. A separate encroachment permit for the work shall be
required from the Tiburon Public Works Department pursuant to Chapter
19 of the Tiburon Municipal Code.
2. The construction of the water line is contingent on the approval of the
water facilities easement from the owners of the property located at 325
Taylor Road (Ring Mountain Parcel H).
Town Council Resolution No. 30 -2013 07/17/2013 Page 1 of 2
3. This approval does not grant any additional development rights or
privileges and does not otherwise change the underlying intent and
purpose of the Town conservation easement as described in the
"Agreement for Conservation Easement" dated April 22, 1994.
4. This exception shall expire and become null and void on July 17, 2015 if
the water facilities easement is not secured and recorded by that date.
PASSED AND ADOPTED at a regular meeting of the Town Council on July 17,
2013, by the following vote:
AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks, Slavitz
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: O'Donnell
ALICE FREDERICKS, VICE MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Town Council Resolution No. 30 -2013 07/17/2013 Page 2 of 2