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HomeMy WebLinkAboutTC Res 2000-02-02 (2) J. .~ RESOLUTION NO. 3397 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING A CONVEYANCE FROM THE HlLARITA-TIBURON ECUMENICAL ASSOCIATION OF A PORTION OF THAT PROPERTY COMMONLY KNOWN AS NED'S WAY (PORTION OF ASSESSOR PARCEL NO. 58-151-25) 1. Findings of Fact. A. Portions of the roadway commonly known as "Ned's Way" are frequently used by the general public as a means of access to property that was the site of the former Tiburon Town Hall and police station and to the new Town of Tiburon Police Station. B. The lowest approximately 75 linear feet of Ned's Way is currently a dedicated public street within the Town of Tiburon. The adjacent approximately 480 linear feet of Ned's Way (''Property'') is currently owned in fee by the Hilarita-Tiburon Ecumenical Association ("Grantor") but is likely to receive additional public use due to the anticipated construction of a senior housing project on the adjacent former Tiburon Town Hall property. The senior housing project developers have requested that to facilitate development of their project, the Town ofTiburon clarifY the status of the Property. Increased public use of the portion of Ned's Way above the Property is not foreseen at this time. C. As a condition of approval of the precise development plan for the senior housing project, the Town of Tiburon has required the installation by the developer of approximately 18-20 perpendicular public parking spaces on and adjacent to the Property. D. At the Town's request, the Grantor has offered to quitclaim the Property to the Town for public street purposes. The Property is more particularly described in Exhibit A to this resolution, which is attached hereto and incorporated herein by reference. The Property is further described in attached Exhibit B for illustration purposes only. E. The Property is presently owned and maintained by Grantor and is subject to an access easement held by the Town. F. Grantor has previously requested, and the Town previously agreed, to provide signage, striping, or other mutually acceptable methods to better indicate that private parkirig spaces on the property retained by Grantor are not to be used by unauthorized parties. ~ Tiburon Town Council Resolution No. 3397 2/2/2000 1 ~. . f"', G. Grantor has previously requested, and the Town has agreed, that in the event that the portions of Ned's Way retained by Grantor come to be used more widely by the public in the future, the Town would seriously consider assuming ownership and maintenance of those portions of Ned's Way directly affected by such increase in public use. H. Grantor has also requested that the Town ofTiburon indicate that it would favorably consider a potential future request by Grantor to allow construction of additional perpendicular parking spaces further up Ned's Way north of the Property. The Town of Tiburon does not at this time oppose the Grantor's potential future request to construl<1: additional parking spaces as described above and will give due consideration to any future request for such by Grantor. 2. Resolution. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town ofTiburon that the Town of Tiburon accepts the Property offered by Grantor as conveyed by the quitclaim deed attached hereto and incorporated herein. The quitclaim deed shall be executed by the Mayor and shall be recorded with the Office of the Marin County Recorder. ,.... PASSED AND ADOPTED at a regular meeting of the Town Council of the Town ofTiburon on February 2, 2000 by the following vote: AYES: cOUNcILMEMBERS: Bach, Gram, Hennessy, Matthews & Thompson NOES: cOUNcILMEMBERS: None ABSENT: cOUNcILMEMBERS: til,;\i!' N/7~e /C}:)~~~:",:""",,<.,::/:., V/.- /........ i;"i',." ..... - -.. '., . ',', .. ~- ~ \, :<.';' '.'~ -~.:_.... THOMAS-@!liM,'MAYOB./ .: TOWN Oi~l~tJ;RON' ~." /. ....:.,/.. ,,- :.,........ '::r~ ..,'- . ""/''''' I" ATTEST: ..,,' ,....., s://sanderson/Ned's Way Accept2.doc Tiburon Town Council Resolution No. 3397 2/2/2000 2 ~ If c>f~ :- . . 1111111111111111111111111111111111 Diane Crane Town Clerk of the Town ofTiburon 1505 Tiburon Boulevard Tiburon,CA 94920 2000-001.3918 Recorded I REC FEE Official Records I OONVERS .00 Count y Of I MOD FEE .00 MarIn I REC FEE . il0 JOAN C. THAYER 1 TRIAL C . il0 Recorder I I I . 12:56PM 17':'Mar-2000 I ~~ge 1 of 5 . Lv Urb ~tt.; l!e--;tuMJ -t a-rz;0 Recording Requested by: ""' APN# 58-151-25 (portion) QUITCLAIM DEED The Hilarita-Tiburon Ecumenical Association ("Grantor"), hereby quitclaims to the Town of Tiburon, a municipal corporation ("Grantee"), all its right, title and interest in ' that real property situated in the Town of Tiburon, Marin County, California, which is more particularly described in Exhibit A attached hereto and incorporated herein. The grantor intends hereby to convey to Grantee a fee interest in said property, which hy said conveyance shall become a public street. In the event that the Town abandons the public street on said property, the property shall revert to Grantor. - IN WITNESS WHEREOF, the Grantor has subscribed its name this ~ay of V/~,2000. Hilarita Tiburon Ecumenical Association ~~;r~t ~..a,~ DEED, NEDS WAY EASElviENT - 1 EXHIBIT A '"' "LEGAL DESCRIPTION" Being an extension of''Ned's Way", Town of Tiburon, Marin County, California, and described as follows: '" COMMENCING at a point on the Northeasterly line of Tiburon Boulevard at the Southeasterly comer of Parcel D as shown on the Map ofHilarita, Recorded in Book 16 of Maps at Page 1, Marin County Records; THENCE Northwesterly along said line ofTiburon Boulevard North 62054'00" West, 75.00 feet to the Southeasterly comer of Parcel A of said map; THENCE North 27006'00" East, 56.14 feet to a point of curve; THENCE through a tangent curve concave to Southeast having a radius of 435.00 feet through a central angle of 2"30'00" and an arc length of 18.98 feet; THENCE South 60"24'00" East, 23.00 feet to the TRUE POINT OF BEGINNING; THENCE through a curve concave to the Southeast, from a line to the radius point bearing South 60"24'00" East with a radius of 412.00 feet, through a central angle of27"30'00", an arc length ofl97.75 feet; THENCE North 57006'00" East, 101.50 feet; THENCE through a tangent curve concave to the Northwest, having a radius of 338.00 feet, through a central angle of39000'00", an arc length of 230.07 feet; THENCE South 71 054'00" East, 12.00 feet to an angle point; TIIENcE South 72034'32" East, 20.00 feet to a point of curve; THENCE through a curve concave to the Northwest, from a line to the radius point bearing North 72034'32" West with a radius of370.00 feet, through a central angle of39040'32", an arc length of256.21 feet; THENCE South 57006'00" West, 101.50 feet to a point of curvature; THENCE through a tangent curve concave to the Southeast having a radius of 380.00 feet, central angle of27"30'00", and arc length of 182.39 feet; THENCE North 60"24'00" West, 32.00 feet to the TRUE POINT OF BEGINNING. Prepared by: "..... .",,,,, LEGALDES 6940LEGDESC.DOC r.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-., State of Californi~/A /J tV' } 55. · County of /V{ 7r:;f-1"C./ , , On ~~Y'I/~ 1: --IS.()O before me, !J-. L, ~ 41/E i personally appe:ed ~ AIft.i.r. r itI1..i (NOfARY) ., SIGNBR(S) . - OR- D 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/she/they executed . the same in his/her/their authorized , capacity(ies), and that by his/herltheir ,. signature(s) on the instrument the person(s), or the entity upon behalf of which the , person(s) acted, executed the instrument. · i i i i i i i i i i i i . SIGNER IS REPRESENTING: ! 'NAME OF PERSON(S)OR ENrITY(IES) , tiff . It . . ~ r6JrtM- ZC1J""I1.//_~ OlliER . -L._._._._._.~~c.;:::!:!~._._. _._._._._._..-1 "" , i i i ~ i i i ALld'URPOSE ACKNOWLEDGMENT ~ personally known to me J_ D.C.C"," ~ - Comm.# 1119443l/l Ul NOTARY PUBLIC. CALIFORNIA _ Marln County ... 1~ ~. . ~TT ~. ~ ~y c~mm. Expires Dec. 8, 2000 l WITNESS my hand and official seal. !2fil e - , NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is not required by law. However, it conld prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) !:lY.DIVIDUAL ~CORPO~~ TITLE(S) DESCRIPTION OF ATfACHED DOCUMENT (i);1i-diU~ /)U~ TITLE OR TYPE OF DOCUMENT A f txM./.!, A't;~I'Cf:e 't" ~6../.u~ D PARTNER(S) D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: NUMBER OF PAGES S- r ~ r Lu....I- d- -:;-tJ 0 DATE OF DOCUMENT APA 1/94 VALLEY-SIERRA. 800.362-3369