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HomeMy WebLinkAboutOrdinance 1870 (Mt. Tamalpais Cemetary)CLERK'S CERTIFICATE I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, and Ex -Officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1870 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AN AMENDMENT TO THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.01.020 OF THE MUNICIPAL CODE, SO AS TO: 1) PREZONE TO PLANNED DEVELOPMENT (PD) DISTRICT (AX07-001) THE MT. TAMALPAIS CEMETERY LOCATED ON A 56.8 - ACRE SITE AT 2500 FIFTH AVENUE; APN: 177-240-03; AND 2) PREZONE THREE CONTIGUOUS DEVELOPED PROPERTIES TO SINGLE-FAMILY RESIDENTIAL (R-5) DISTRICT LOCATED AT 2450, 2452 AND 2468 FIFTH AVENUE; APN: 010-351-07 (2450 FIFTH AVENUE); 010-351-17 (2452 FIFTH AVENUE); AND 010-351-18 (2468 FIFTH AVENUE) DISTRICT FOR ANNEXATION INTO THE CITY OF SAN RAFAEL is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 1 st day of December, 2008, a SUMMARY of Ordinance No. 1870 was published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City, held on the 15`h day of December, 2008, by the following vote, to wit: AYES COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 17`h day of December, 2008 ESTHER C. BEIRNE City Clerk SUMMARY OF ORDINANCE NO. 1870 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AN AMENDMENT TO THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.01.020 OF THE MUNICIPAL CODE, SO AS TO: 1) PREZONE TO PLANNED DEVELOPMENT (PD) DISTRICT (AX07-001) THE MT. TAMALPAIS CEMETERY LOCATED ON A 56.8 -ACRE SITE AT 2500 FIFTH AVENUE; APN: 177-240-03; AND 2) PREZONE THREE CONTIGUOUS DEVELOPED PROPERTIES TO SINGLE-FAMILY RESIDENTIAL (R-5) DISTRICT LOCATED AT 2450, 2452 AND 2468 FIFTH AVENUE; APN: 010-351-07 (2450 FIFTH AVENUE); 010-351-17 (2452 FIFTH AVENUE); AND 010- 351-18 (2468 FIFTH AVENUE)DISTRICT FOR ANNEXATION INTO THE CITY OF SAN RAFAEL The City of San Rafael Zoning Map, adopted by reference in section 14.01.020 of the San Rafael Municipal Code is being amended by the San Rafael City Council as detailed in the complete text and accompanying map of Ordinance No. 1870. For a copy of the complete text of the Ordinance amending the Municipal Code, please contact the City Clerk at (415) 485-3066 or the Planning Department at (415) 485-3085. Copies of the Ordinance containing this Municipal Code amendment are also available for public review as of Wednesday, December 10, 2008, at the San Rafael City Clerk's Office, 1400 Fifth Avenue, 2nd Floor, Room 209 during regular business hours, 8:30 a.m. to 5:00 p.m. SUMMARY OF AMENDMENT TO MUNICIPAL CODE The Ordinance amends the Zoning Map of the City of San Rafael to reclassify certain property, known as Mt. Tamalpais Cemetery, located at 2500 Fifth Avenue, San Rafael (APN. 177-240-03), as more particularly described in the Ordinance, from PF -RMP -0.1 (Marin County Zoning designation) to the Planned Development (PD) District. This amendment permits expansion of Cemetery facilities and related property improvements according to the approved 50 -Year Master Plan. In addition, the Ordinance amends the Zoning Map of the City of San Rafael to reclassify three contiguous properties located at 2450, 2452, and 2468 Fifth Avenue, San Rafael (APNs: 010-351-07; 010-351-17; 010-351-18) from A2-132 Limited Agriculture and RMP -0.5 Residential Multi -Family Planned (Marin County Zoning designations) to Single - Family Residential (R-5) District. PUBLICATION A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted. This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this Ordinance shall be published within fifteen (15) days after the adoption, together with the names of the Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this Ordinance along with the names of those Councilmembers voting for and against the Ordinance. A J LB RT J. j O, Mayor ATTEST: "t -5f% '- • eze—e ,e"t ESTHER C. BEIRNE, City Clerk The foregoing Ordinance No. 1870 was read and introduced at a regular meeting of the City Council of the City of San Rafael on Monday, December 1, 2008, and was ordered passed to print by the following vote, to wit: AYES: Councilmembers: Brockbank, Connolly, Heller, Miller and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None and will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of the Council to be held on Monday, December 15, 2008. ESTHER C. BEIRNE, City Clerk SUMMARY OF ORDINANCE NO. 1870 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AN AMENDMENT TO THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.01.020 OF THE MUNICIPAL CODE, SO AS TO: 1) PREZONE TO PLANNED DEVELOPMENT (PD) DISTRICT (AX07-001) THE MT. TAMALPAIS CEMETERY LOCATED ON A 56.8 -ACRE SITE AT 2500 FIFTH AVENUE; APN: 177-240-03; AND 2) PREZONE THREE CONTIGUOUS DEVELOPED PROPERTIES TO SINGLE-FAMILY RESIDENTIAL (R-5) DISTRICT LOCATED AT 2450, 2452 AND 2468 FIFTH AVENUE; APN: 010-351-07 (2450 FIFTH AVENUE); 010-351-17 (2452 FIFTH AVENUE); AND 010- 351-18 (2468 FIFTH AVENUE)DISTRICT FOR ANNEXATION INTO THE CITY OF SAN RAFAEL The City of San Rafael Zoning Map, adopted by reference in section 14.01.020 of the San Rafael Municipal Code is being amended by the San Rafael City Council as detailed in the complete text and accompanying map of Ordinance No. 1870. For a copy of the complete text of the Ordinance amending the Municipal Code, please contact the City Clerk at (415) 485-3066 or the Planning Department at (415) 485-3085. Copies of the Ordinance containing this Municipal Code amendment are also available for public review as of Wednesday, December 10, 2008, at the San Rafael City Clerk's Office, 1400 Fifth Avenue, 2nd Floor, Room 209 during regular business hours, 8:30 a.m. to 5:00 p.m. SUMMARY OF AMENDMENT TO MUNICIPAL CODE The Ordinance amends the Zoning Map of the City of San Rafael to reclassify certain property, known as Mt. Tamalpais Cemetery, located at 2500 Fifth Avenue, San Rafael (APN. 177-240-03), as more particularly described in the Ordinance, from PF -RMP -0.1 (Marin County Zoning designation) to the Planned Development (PD) District. This amendment permits expansion of Cemetery facilities and related property improvements according to the approved 50 -Year Master Plan. In addition, the Ordinance amends the Zoning Map of the City of San Rafael to reclassify three contiguous properties located at 2450, 2452, and 2468 Fifth Avenue, San Rafael (APNs: 010-351-07; 010-351-17; 010-351-18) from A2-132 Limited Agriculture and RMP -0.5 Residential Multi -Family Planned (Marin County Zoning designations) to Single - Family Residential (R-5) District. PUBLICATION A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted. This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this Ordinance shall be published within fifteen (15) days after the adoption, together with the names of the Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this Ordinance along with the names of those Councilmembers voting for and against the Ordinance. ATTEST: ESTHER C. BEIRNE, City Clerk Aj J"� A BEI�T J. ✓ 6, Mayor The foregoing Ordinance No. 1870 was read and introduced at a regular meeting of the City Council of the City of San Rafael on Monday, December 1, 2008, and was ordered passed to print by the following vote, to wit: AYES: Councilmembers: Brockbank, Connolly, Heller, Miller and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None and will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of the Council to be held on Monday, December 15, 2008. ESTHER C. BEIRNE, City Clerk ORDINANCE NO. 1870 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AN AMENDMENT TO THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.01.020 OF THE MUNICIPAL CODE, SO AS TO: 1) PREZONE TO PLANNED DEVELOPMENT (PD) DISTRICT (AX07-001) THE MT. TAMALPAIS CEMETERY LOCATED ON A 56.8 -ACRE SITE AT 2500 FIFTH AVENUE; APN: 177-240-03; AND 2) PREZONE THREE CONTIGUOUS DEVELOPED PROPERTIES TO SINGLE-FAMILY RESIDENTIAL (R-5) DISTRICT LOCATED AT 2450, 2452 AND 2468 FIFTH AVENUE; APN: 010-351-07 (2450 FIFTH AVENUE); 010-351-17 (2452 FIFTH AVENUE); AND 010- 351-18 (2468 FIFTH AVENUE) DISTRICT FOR ANNEXATION INTO THE CITY OF SAN RAFAEL WHEREAS, on February 6, 2007, applications for an Annexation/Prezoning and an Environmental and Design Review Permit were received by the Community Development Department requesting approval to approve a 50 -year Master Plan for Mt. Tamalpais Cemetery located at 2500 Fifth Avenue, and WHEREAS, on September 20, 2007, the Annexation/Prezoning and Environmental and Design Review Permit applications were deemed complete for processing ; and WHEREAS, consistent with the San Rafael Municipal Code provisions for establishing a PD District, in August 2008, a Master Use Permit Application was filed to accompany the other planning applications; and WHEREAS, consistent with State law requirements, Marin LAFCO policy and San Rafael General Plan 2020 Policy LU -6 (Annexation), the City of San Rafael initiated Annexation/Prezoning applications for three contiguous developed properties at 2450, 2452 and 2468 Fifth Avenue, and provided written notification to the property owners of the annexation/prezoning process in a letter dated June 16, 2008; and WHEREAS, consistent with the requirements of the California Environmental Quality Act (CEQA), an Initial Study was prepared to analyze the potential environmental impacts of the Cemetery project and the three, contiguous developed parcels. The Initial Study determined that the project would result in potentially significant impacts associated with Cultural Resources and Geology. The project impacts would be mitigated to less -than -significant levels through implementation of recommended mitigation measures or through compliance with recommended conditions of project approval; and WHEREAS, consistent with the provisions of CEQA, a Mitigation Monitoring and Reporting Program (MMRP) has been prepared to implement the project mitigation measures provided in the Mitigated Negative Declaration; and WHEREAS, the subject site was posted with a public notice regarding the proposed Annexation and Prezoning, and the notice was mailed to surrounding property owners and 1 occupants within 500 feet, pertinent agencies, organizations and special interest groups pursuant to CEQA Guidelines Section 15072; and WHEREAS, on July 29, 2008, the Planning Commission held a duly noticed public hearing on the proposed project, accepting all oral and written public testimony and the written report of the Department of Community Development and the Planning Commission continued the hearing to a date uncertain to allow legal notice to be provided for a Master Use Permit application; and WHEREAS, on August 26, 2008, the San Rafael Planning Commission held a duly - noticed public hearing on the proposed Annexation/Prezoning for the Cemetery property and the three, contiguous developed parcels, and considered all oral and written public testimony and the written report of the Community Development Department staff; and WHEREAS, the Planning Commission recommended to the City Council adoption of the Mitigated Negative Declaration by adopting Resolution No. 08-21, and recommended to the City Council approval of the Master Use Permit and Environmental and Design Review Permit by adopting Resolution No. 08-23, and also recommended City Council approval of the proposed Prezoning by adopting Resolution No. 08-22; and WHEREAS, on December 1, 2008 the City Council adopted the Mitigated Negative Declaration and approved the Master Use Permit and Environmental and Design Review Permit by adoption of separate resolutions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1. The City Council of the City of San Rafael hereby makes the following findings, as required under San Rafael Zoning Ordinance Section 14.27.060 in approving the Prezoning to PD District for the Mt. Tamalpais Cemetery property at 2500 Fifth Avenue: 1. The proposed Development Plan for the Cemetery property would be consistent with the General Plan 2020 in that: The Prezoning to PD District would be compatible with the Public/Quasi-Public land use designation in the General Plan and consistent with General Plan Policies regarding non- residential building intensity and building height, annexation of already developed areas such as the Mt. Tamalpais Cemetery and that Planned Development zoning shall apply to properties over 5 acres in area (LU -5, LU -6a, LU9, LU -10, Lu -12, LU -14, LU -23, NH - 154): a. The increased trips for future build -out of the Cemetery Master Plan would not cause a Level of Service (LOS) impact and would not have a negative impact on air quality (LU -2, C-5,7, AW -1). b. The Cemetery Master Plan project including conditions of approval and mitigation measures would be consistent with General Plan policies regarding access to open space and provision of access for emergency services (NH -70, C-9, 23, OS -4). c. The annexation of the Cemetery would be consistent with General Plan 2020 policies regarding adequacy of infrastructure as all urban services are in place and no new facilities are required (I-2, 4, 10). d. The Cemetery Master Plan project including conditions of approval and mitigation measures would be consistent with General Plan policies regarding safety hazards due to the nature of the existing Cemetery use which is not proposed to change, through implementation of the geotechnical report recommendations, and location of existing and proposed facilities which are not subject to flooding and fire and police services are available to serve the sites (S-1,3,4,5, 6,7,8,14,17,18,22,25,26,31,32). e. The Cemetery Master Plan project including conditions of approval and mitigations would be consistent with General Plan policies regarding conservation of environmental resources because no development is proposed on ridgelines, the site does not contain sensitive species and the proposed development would not affect wildlife corridors (C-1, 9, 10, 11, 12, 13, 14). f. The project would not generate noise impacts upon neighboring properties (N-3, 5). g. The project with mitigation measures and conditions of approval would meet local, State and Federal standards for air and water quality (AW -1, 2, 7, 8). 2. The Mt. Tamalpais Cemetery 50 -year Master Plan project is a non-residential public/quasi-public use that would be in harmony with the character of the surrounding neighborhood where it has existed for over 120 years because new proposed facilities would be set back from the main entrance, well designed and screened with existing and proposed landscaping to minimize offsite views. 3. The Cemetery Development plan proposes non-residential uses that are consistent with the historic Cemetery operation and are appropriate for the purpose intended, including an expanded Chapel/Office building and 22 new mausoleum structures as well as site improvements that will enhance the desirability of the site such as new landscaping and upgraded roads and parking lots, and will provide through negotiations with the Marin County Opens Space District, dedicated easements for public trail access through portions of the Cemetery. 4. The Development Plan demonstrates that public facilities are provided to serve the project in that existing services are adequate to serve the existing and proposed Cemetery facilities. 5. The Development Plan is improved by deviations from typical Zoning Ordinance property development and parking standards in that this is an historic Cemetery that 3 was developed before modern zoning codes were created, however newly proposed development will meet current zoning code requirements. 6. The auto, bicycle and pedestrian traffic system is adequately designed for circulation needs and public safety in that roadway improvements are identified in the Development Plan, the Plan has been reviewed by the Fire Department, Police Department and City Traffic Engineer and found to be satisfactory in terms of circulation, parking and public safety and the requirement to provide dedication of an emergency access easement and future roadway improvements to Tamalpais Avenue will enhance emergency vehicle access through the site. Pedestrian and bicycle access are limited to proposed open space trail easements through portions of the site to be dedicated to the Marin County Open Space District. The City Council of the City of San Rafael hereby makes the following findings required under San Rafael "Zoning Ordinance Section 14.27.060 in recommending to the City Council the adoption of the Prezoning to R-5 District for the three contiguous properties at 2450, 2452, 2468 Fifth Avenue: 1. The proposed Prezoning of the thee contiguous properties would be consistent with the General Plan 2020 Residential — Low Density land use designation adopted for these properties, in that the single-family residential uses for the properties at 2450 and 2452 Fifth Avenue would be consistent with the Residential — Low Density General Plan land use category; and the commercial use (Marin Monument Company) of the property at 2468 Fifth Avenue would not be consistent with the Residential — Low density General Plan land use but would continue to operate as a legal, non -conforming use; and the Prezoning of these properties would also be consistent with General Plan policies regarding residential and non-residential density and intensity, and annexation of unincorporated islands within the City's urban Service Area (LU -5, LU -6, LU -8, LU -9, LU -12, LU23); 2. The public health, safety and general welfare are served by the adoption of the proposed amendment because it implements the General Plan and the Prezoning conforms to City standards as discussed in Finding 1. Furthermore, an Initial Study/Mitigated Negative Declaration has been prepared and adopted that evaluated potential environmental impacts of the project and determined that impacts would be less -than -significant based on incorporation of mitigation measures. DIVISION 2. The City Council of the City of San Rafael hereby approves the proposed Prezoning to Planned Development (PD) District for the 2500 Fifth Avenue site as shown in: a) attached Exhibit "A," which consists of a Zoning Map and the Development Standards specified for the site; b) the site Development Plan dated March 24, 2003 and updated November 14, 2008, as shown in attached Exhibit "B;" and c) the legal description of the Cemetery property as shown in attached Exhibit «C„ DIVISION 3. 4 The City Council of the City of San Rafael hereby approves the proposed Prezoning to R-5 District for the three, contiguous developed parcels located at 2450, 2452 and 2468 Fifth Avenue, presented in the Marin County Assessor's Parcel Map and currently described as APNs 010-251-07, 010-351-17 and 010-351-18. DIVISION 4. If any section, subsection, sentence clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted the Ordinance and each section, subsection, clause or phrase thereof, irrespective of the fact that one or more sections, subsections, clauses or phrases may be declared invalid. DIVISION 5. A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted. This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this Ordinance shall be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this Ordinance along with the names of those Councilmembers voting for or against the Ordinance. 5 i ALB TV.ORO, Mayor ATTEST: ESTHER C. BEIRNE, City Clerk The foregoing Ordinance was read and introduced at a regular meeting of the City Council of the City of San Rafael on Monday, the 1st day of December, 2008, and was ordered passed to print by the following vote, to wit: AYES: Councilmembers: Brockbank, Connolly, Heller, Miller and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None And will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 15`x' day of December, 2008. ESTHER C. BEIRNE, City Clerk Attachments: EXHIBITS A, B AND C EXHIBIT A: DEVELOPMENT STANDARDS (PD) AND ZONING RECLASSIFICATION MAP FOR MT. TAMALPAIS CEMETERY 2500 FIFTH AVENUE (AX07-001) Section 1: Requirements 1. The PD District approval requires concurrent adoption of a Master Use Permit that includes a Phasing plan for implementation of the 50 -Year Master Plan. 2. The PD Development Plan consists of the plans prepared by A. J. Moore Associates, Sheets A.0 -A27 and L -1-L-8, dated March 24, 2003 and updated November 14, 2008. Section 2: Development Standards 1. Maximum floor area ratio: Per Development Plan approved under Master Use Permit (UP08-031) and Environmental and Design Review Permit (ED07-010) 2. Building Height: 28' for Chapel/Office expansion; Maximum 36' except as approved by Use Permit (UP08-031) and Environmental and Design Review Permit (ED07-010) 3. Setbacks: Per Development Plan approved under Master Use Permit (UP08-031) and Environmental and Design Review Permit (ED07-010) 4. Building Coverage: Per Development Plan approved under Master Use Permit (UP08-031) and Environmental and Design Review Permit (ED07-010) 5. Landscaping: Landscaping shall be consistent with the Development Plan approved under the Environmental and Design Review Permit (ED07-010) 6. On-site Parking: Per Development Plan approved under Master Use Permit (UP08-031) and Environmental and Design Review Permit (ED07-010) 7. Phasing: Multi -Phase project for which phasing is specified in the Master Use Permit (UP08-031) Section 3: PD District Amendments and Modifications The Development Plan for this PD District shall remain valid and in effect so long as the Master use Permit remains in effect and the first phase of development as specified in UP08-031 is developed within the prescribed time frame (two years). In the event a building permit for the first phase is not issued within the specified time and the Master Use Permit becomes null and void, the Development Plan shall also expire. Any modifications to the Development Plan, additions to structures or improvements within this PD District shall be reviewed to determine if such addition/ improvement is major or minor. If such modifications, additions or improvements are determined to be minor by the Community Development Director, they can be authorized or approved without a modification or amendment to this PD District. Any modifications to Development Plan or regulations set forth in this ordinance that are determined to be major by the Community Development Director shall require an amendment to this PD District. EXHIBIT B: DEVELOPMENT PLAN FOR MT. TAMALPAIS CEMETERY 2500 FIFTH AVENUE (AX07-001) EXHIBIT C: LEGAL DESCRIPTION FOR MT. TAMALPAIS CEMETERY 2500 FIFTH AVENUE (AX07-001) OLD REPUBLIC TITLE COMPANY ORDER NO. 801202 -JE The land referred to in this Report is situated in the County of Marin , in the unincorporated area, State of California, and is described as follows: PARCEL ONE: BEGINNING at the Northwesterly corner of that certain tract of land which was conveyed by E. Blois DuBois to Frank A. Lowe, et ux,_by_ Deed recorded April 23, 1945 in Book 482 of Official Records at Page 439, Marin County Records, running thence along the Northerly boundary line of said parcel conveyed to Lowe North 76° 51' East 197.9 feet; thence North 640 33' East 387.1 feet, thence North 800 56' East 69.1 feet; thence South 560 East 332.9 feet to the Easterly boundary line of that certain tract of land which was conveyed by Henry A. DuBois, Jr., to the Mount Tamalpais Cemetery by a Deed dated July 6, 1880 and recorded in the Office of the Recorder of Marin -County, California, in Book U of Deeds at Page 554; thence along said Easterly line North 340 West to the Southeasterly corner of that certain parcel of land conveyed by E. Blois DuBois to James E. Gilchrist, et ux, by Deed recorded June 16, 1945 in Book 489 of Official Records at Page 124; running thence along the Southerly boundary line of said parcel conveyed to Gilchrist North 560 West 799.1 feet and South 760 44, West 970 feet to the Southwesterly corner of said parcel conveyed to Gilchrist and running thence South 110 15' West 1933.6 feet, more or less, to the point of beginning. EXCEPTING THEREFROM all conveyances made by Henry A. DuBois, Jr., and the Mount Tamalpais Cemetary, a corporation, to diverse persons for the purposes of burial. PARCEL TWO: TOGETHER WITH the water run-off and surface drainage from the watershed as reserved in the Deed from the Mount Tamalpais Cemetery, a corporation, to Henry A. DuBois, recorded December 1, 1913 in Book 156 of Deeds at Page 435, and in the Deed from the Mount Tamalpais Cemetery, a corporation, to E. Blois DuBois, recorded December 4, 1931 in Book 156 of Deeds at Page 471, Marin County Records. NOTE: Parcel Two herein described is only being included so as to avoid the Company being the cause of excluding it from deeds or encumbrances, but NO INSURANCE is to be provided as to said parcel. Anything to the contrary in the policy or endorsements thereto notwithstanding, said parcel is NOT INSURED even though it may be included as part of the description of the land described or referred to in the policy. A.P. No. 177-240-03 Page 3 of 8 Pages C) PT 41 r,v. r :. . _... .. ...