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Home My WebLink About2013-06-27 (Trestle Glen Circle Subdivision)1}� RECORDING REQUESTED BY: Town of Tiburon AND WHEN RECORDED MAIL TO: Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Attention: Director of Community Development AP # 039 - 061 -91 This document is for the benefit of the Town of Tiburon. u mimiommmmiuuiumuuii THIS SPACE FOR RECORDERS USE ONLY GRANT OF OPEN SPACE EASEMENT (WITH RESOLUTION OF ACCEPTANCE ATTACHED) TRESTLE GLEN CIRCLE SUBDIVISION TRESTLE GLEN CIRCLE @ TRESTLE GLEN BOULEVARD TIBURON, MARIN COUNTY, CALIFORNIA 1 OF 4 THIS SPACE FOR RECORDERS USE ONLY GRANT OF OPEN SPACE EASEMENT (WITH RESOLUTION OF ACCEPTANCE ATTACHED) TRESTLE GLEN CIRCLE SUBDIVISION TRESTLE GLEN CIRCLE @ TRESTLE GLEN BOULEVARD TIBURON, MARIN COUNTY, CALIFORNIA 1 OF 4 GRANT OF OPEN SPACE EASEMENT This GRANT OF OPEN SPACE EASEMENT ( "Open Space Easement ") is made this 4 4 day of - CL,, P— 20139 by Trestle Glen Terrace, LLC, a California limited liability company ( "Grantor "). RECITALS A. Grantor is the owner of certain real property ( "Property ") situated in the County of Marin, State of California, more particularly described as follows: All that real property shown on the "Parcel Map, Trestle Glen Circle Subdivision ", recorded in Book 20 13 of Maps at Page ; y , Marin County Records, on J L4 L/ I 1 , 2013, and recorded as Instrument Number 2013- o B. Grantor desires to grant to the Town of Tiburon ( "Grantee "), an open space easement on, upon, over, across and under that portion of the Property described as follows: All those portions of Lots 1, 2, and 3 shown as "Open Space" on the above - referenced Parcel Map. C. The purpose of the Open Space Easement is to preserve the area in its natural, scenic and open space condition for the preservation of the open space character of the area. NOW, THEREFORE, Grantor hereby grants to Grantee a permanent Open Space Easement over all that property described in paragraph `B" above, subject to the following conditions and restrictions: 1. Use Restrictions. All use of the Open Space Easement shall be compatible with the preservation of the Open Space Easement in its natural, scenic and open space condition. No use of the Open Space Easement shall be made that would impair or interfere with the natural, scenic, open space and other environmental values of the Open Space Easement. No buildings, structures, or other improvements shall be constructed on, no natural resources shall be extracted from, and no activities shall be conducted in, the Open Space Easement that would diminish, damage, or destroy any physical or scenic characteristic of the Open Space Easement. No planting of trees or other vegetation is permitted without express written permission of the Town of Tiburon. No cutting of vegetation is permitted without prior approval of an encroachment permit by the Town of Tiburon, except the cutting back of weeds, grasses or other vegetation for fire- prevention purposes. There shall be no dumping or accumulation of trash, green waste, garbage or other offensive material in the Open Space Easement. Grantor and Grantee acknowledge the existence of various other easements on the Property, including but not limited sewer and storm drain easements, all as shown on the above - referenced Parcel Map, and also acknowledge the existence of an Tree Installation and Maintenance Agreement, required by the Town of Tiburon, for oak tree replacement 2OF4 planting, some of which may be planted within the lower reaches of the Open Space Easement. 2. No Public Access Excepting_ Within Public Access Easements. The granting of this Open Space Easement and its acceptance by Grantee does not authorize and is not to be construed as authorizing members of the public to enter upon or to use the Open Space Easement in any manner whatsoever without the consent of the owner of the Property. This provision shall not prevent Grantor, or his successors or assigns, at any time in the future, from dedicating or granting public access over all or portions of the Open Space Easement. 3. Access by Grantee. The Grantee, its successors or assigns, shall have the right, from time to time, during business hours on business days and after giving reasonable prior notice to the owner of the Property, to enter the Open Space Easement and to inspect the Open Space Easement for the purpose of determining compliance with the terms and conditions of this Grant of Easement. 4. Non - liability. The Grantee, its successors or assigns, shall have no responsibility or liability of any kind whatsoever in connection with the use or maintenance of the Open Space Easement area or any part thereof. All responsibility and liability for the Open Space Easement area shall remain with Grantor and its successors' in interest. Except in the event of injury or death of any person utilizing the Open Space Easement for which injury or death liability is sought to be imposed on either party hereto, Grantor shall not be liable for the consequences of acts or omissions that are directly attributable to Grantee or its officers, agents, employees or contractors. 5. Enforceable Restrictions. This Open Space Easement and each and every term, condition and restriction is intended for the benefit of the public and constitutes an enforceable restriction pursuant to the provisions of Section 8 of Article XIII of the California Constitution. This Open Space Easement shall bind Grantor and his successors or assigns and shall run with the land. 6. Unenforceable Restriction. If any provision of this Open Space Easement or the covenants and restrictions contained herein shall be held to be unenforceable by a court of competent jurisdiction, this instrument shall be construed as if such provision had not been included herein. If any provision hereof is ambiguous or shall be subject to two or more interpretations, one or more of which would render such provision invalid or inconsistent with the open space purposes of this Open Space Easement, then such provision shall be given the interpretation that would render it valid and would be consistent with the open space purposes of this Open Space Easement. 3 OF 4 IN WITNESS WHEREOF, Grantor has executed this instrument the day and year first written above. TRESTLE GLEN TERRACE, LLC A California Limited Liability Company By: '� �"e7� Arthur Giov Its: Managing Member 4OF4 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California CIVIL CODE § 1189 County of tA- , On �� -; /3 before me, /7 gip' t C. l ;s C G i f 61 611c- Date Here Insert Name and Title of the Officer personally appeared Name(s) of Signer(s) ---------- DIANE CRANE IACOPI Commhwdw 2026620 fvw a I fit" C�Nanlit Coll Ceolla. sf 7 who 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 /sbeftey executed the same in his/heeir authorized capacity(ies), and that by his /her "r signature(&) on the instrument the person(e), or the entity upon behalf of which the person {s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand a i tl seal. Signature: g ,�. Place Notary Seal Above Signature of NottDtXublic 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. Z,-1- Description of Attached Document ,Q T Grt i Iv ^ , C L_ � ,iA rm,f. T ►"�' `��`' CV Title or Type of Document: 7�c�J,f ' ,: �?i r Ivirr; Z ire, 46- 1_/ 9 icl� �,� �t�C r icfA 6 t ✓,{' w^ r rc n � •rt Document Date: (' ` �. i ' Number of Pages: Signer(s) Other Than Named Above: ey, - Capacity(ies) Claimed by Signer s) Signer's Name:��r J �� Corporate Officer — Title(s): Vii( ?-vt a Ct rti ❑ Individual's ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: S ?ner Is Representing: LL C Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2012 National Notary Association - Nationa/Notary. org - 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 Amy RESOLUTION N0.28 -2013 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING A PARCEL MAP FOR THE CREATION OF THREE LOTS ON 14.46 ACRES OF LAND ALONG TRESTLE GLEN BOULEVARD; ACCEPTING A GRANT OF OPEN SPACE EASEMENT OVER PORTIONS OF SAID 14.46 ACRES; APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT FOR SAID PROJECT; APPROVING AN AGREEMENT REGARDING INSTALLATION AND MAINTENANCE OF OAK TREE REPLACEMENT LANDSCAPING, AND TAKING OTHER RELATED ACTIONS WITH RESPECT TO THE TRESTLE GLEN CIRCLE SUBDIVISION ASSESSOR PARCEL NUMBER 39- 061 -91 RF.C:TTAT..q 1. A parcel map proposing the subdivision of a 14.46 -acre parcel along Trestle Glen Boulevard into three (3) lots has been submitted by the property owner, Trestle Glen Terrace LLC. 2. The submitted map has been examined by the Town Engineer and returned to the Town Clerk as required in Section 14.36 of the Tiburon Subdivision Ordinance. 3. The Town Engineer and Planning Department Staff have determined that the map is in substantial conformance with an approved Precise Development Plan (Resolution No. 06 -2012) and an approved Tentative Map (Planning Commission Resolution No. 2012 -16), and that all required conditions of approval for the parcel map recordation, including bonding of improvements, have been met. 4. A Grant of Open Space Easement (under separate instrument) has been offered to the Town in conjunction with the parcel map. An Agreement for Tree Installation and Maintenance (under separate instrument), and a Subdivision Improvement Agreement (under separate instrument) have also been submitted in conjunction with the parcel map. A Declaration of Restrictions (CC &R's) and a Declaration for Shared Roadway and Related Improvements for the project have been reviewed and found acceptable by the Town Attorney and Director of Community Development. APPROVAL OF MAP AND ACCEPTANCE OF OFFERS OF DEDICATION NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby approve the map entitled "Parcel Map, Trestle Glen Circle" (5 sheets), prepared by Adobe Associates, Inc., dated July, 2013; accepts the offer of dedication of the 10 foot wide right -of -way strip along Trestle Glen Boulevard, accepts the offer of release of abutter's rights along Trestle Glen Boulevard; accepts the grants (by separate instrument) of open space easements, rejects all other offers of dedication offered on said map; and does direct that said map be duly recorded with Marin County Recorder, together with the Declaration of Restrictions and the Declaration of Shared Roadway and Related Improvements. Tiburon Town Council Resolution No. 28 -2013 0711712013 ACCEPTANCE OF GRANTS OF OPEN SPACE EASEMENT BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon hereby accepts the Grant of Open Space Easement (under separate instrument) over portions of Lots 1, 2 and 3 and authorizes the Town Manager to ensure its recordation along with a certified copy of this Resolution. APPROVAL OF AGREEMENTS BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon hereby approves the Subdivision Improvement Agreement for the Trestle Glen Circle Subdivision and the Tree Installation and Maintenance Agreement for the Trestle Glen Circle Subdivision and authorizes the Town Manager to negotiate any final minor revisions, execute and record said Agreements. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on July 17, 2013 by the following vote: AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks, Slavitz NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: O'Donnell ATTEST: DIANE CRANE IACOPI, TOWN CLERK ALICE FREDERICKS, VICE -MAYOR TOWN OF TIBURON t. Tiburon Town Council Resolution No. 28 -2013 0711712013 2