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August 2018

1. Tiburon Open Space (TOS; originally the Last Chance Committee that led the 1990’s efforts to purchase and create Old St Hilary’s Open Space), is leading the efforts to save the 110 acre Martha property from development. TOS wants to increase the environmental protections on the property believing that the approved restrictions are insufficient for the impacts that development will have on biology, traffic and fire safety.

2. 1976. Marin County approves restrictions against ridge top development.  Martha sues the County.  A legal settlement ultimately allows 43 half acre lots, allowing some on ridge if no other options exist. It will be 20 years before the first development proposal is submitted. Of note, there are 26 landslides on the property, and both protected fauna and wildlife species.

3. After withdrawing the first two, the third development proposal is approved by the County October 3, 2017 with the same number of lots and ridge restrictions. The County’s approval comes with restrictions based upon its power to lessen environmental impacts: house height restrictions are imposed, and 3 lots are moved from the ridge to near Paradise Drive.

4. July 2018, Martha challenges the imposition of these restrictions, but a Federal Judge confirms them.

5. TRUST—Tiburon Belvedere Residents to Support the Trails—awaiting September 4, 2018 trial as it has sued Martha to protect community access to its trails, trails that have been open and used for decades.

6. July 2018, The Town of Tiburon joins TOS in its environmental impacts legal challenge.  Trial is set for January 30, 2019.  (See www.TiburonOpenSpace.org).

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Tiburon Open Space seeks to purchase the Martha property at full appraised value, with the goal of keeping Martha open space, for all, and forever.  Full appraised value includes the cost to mitigate impacts (e.g., two new large water tanks are required to provide domestic water as well as a fire flow for fires; protection of sensitive habitat on the property; and the repair of many of the landslides areas). These costs, and many others, are similar to the repair costs that a seller must bear when selling their home.