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HomeMy WebLinkAboutTC Res 2002-03-20 r' RESOLUTION NO. 15-2002 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AN AGREEMENT AND ACCEPTING AN EASEMENT FOR THE PURPOSE OF CONSTRUCTING THE FERRY AREA ACCESS AND SAFETY IMPROVEMENT PROJECT WHEREAS, the Town of Tiburon has obtained funding from the State of California to construct the Ferry Area Access And Safety Improvement Project ("Project"); and WHEREAS, the Town wishes to construct a portion of the Project on property owned by Edward G, Zelinsky, Laleh Zelinsky and Barbara Z, Abrams ("Grantors"); and WHEREAS, the Grantors are willing to grant an easement to the Town for purposes of constructing the Project, subject to the terms and condition of the Grant of Easement and Agreement attached hereto, which is incorporated herein by reference; and WHEREAS, the Town is willing to accept the easement and the terms and conditions of the Grant of Easement and Agreement. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town ofTiburon that r" the Town of Tiburon approves the Grant of Easement and Agreement and accepts the easement offered by the Grantors, The Easement Agreement shall be executed by the Mayor and shall be recorded with the Office of the Marin County Recorder, The Town Attorney is authorized to execute any other documents that may be necessary or appropriate to complete this transaction, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town ofTiburon on March 20, 2002 by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBE Fredericks, Gram, Slavitz & Thompson None atthews TOM GRAM, CE MAYOR Town of Tiburon A~/Zdp4 DIANE CRANE IACOPI, TOWN CLERK r TIBURON TOWN COUNCIL RESOLUTION NO. 15-2002 3/20/2002 _. Recording Requested by: Diane Crane Iacopi Town Clerk of the Town ofTiburon 1505 Tiburon Boulevard Tiburon, CA 94920 GRANTOFEASE~ffiNTANDAGREEMffiNT This Agreement is dated June 13, 2001, and is by and between Edward G. Zelinsky, Laleh Zelinsky and Barbara Z. Abrams, hereinafter referred to as "Grantors," and the Town of Tiburon, hereinafter referred to as "Grantee." Recitals 1. Grantors are the owners of certain real property (a portion of which is underwater) commonly known as 5 Main Street, Tiburon, Marin County, State of California (APN # 059-151-41) ("Easement Site"). _ 2. Grantee is the owner of certain real property immediately adjoining Grantors' property, commonly known as 'Shoreline Park" or 1920 Paradise Boulevard, Tiburon, Marin County, State of California (APN # 059-163-01) (" Shoreline Park"). Shoreline Park is more particularly described in Exhibit A. 3. A public ferry service is operated on a dock located adjacent to the Easement Site and the Shoreline Park. Grantee has received funding to construct the "Ferry Area Access & Safety Improvement Project" ("Project"). The purpose of the Project is to improve assess to the ferry terminal, particularly for persons with mobility problems; and 4. The Grantee currently holds an easement over an area adjacent to the Easement Site by virtue of a Grant Deed from the Fred and Juanita Zelinsky Trust dated April 20, 1977 and recorded in the Official Records of Marin County as document No. 21815 in Book 3195, page 172, on May 2, 1977 (" 1977 Easement"). Exhibit D contains a copy of the 1977 Easement. The 1977 Easement is the site of the Allan Thompson Bridge, which provides access to the ferry dock. To improve the accessibility of the ferry dock to persons with impaired mobility, Grantee wishes to create a public Walkway over the Easement Site, which will replace and extend the existing Allan Thompson Bridge Grantee therefore desires to acquire an easement over the Easement Site for the purpose of constructing and maintaining said Walkway as a part of the Project. NOW, THEREFORE, the parties agree as follows: 1 ~. 1. Grant: For valuable consideration, Grantors hereby grant to Grantee an easement as hereinafter-described ("Easement"). 2. Description and Use of Easement: The Easement is for the purpose of (a) allowing Grantee to construct, and maintain the Project; and (b) providing public access to the Project improvements and the ferry. 3. Location: The location of the Easement shall be as described on Exhibit B and shown on Exhibit C. 4. Exclusiveness of Easement: The Easement granted herein is exclusively for the purposes set forth in Section 3 of this Agreement and to provide public access to the dock. 5. Character of Easement: The Easement shall be appurtenant to Shoreline Park. 6. Reconvevance of 1977 Easement: A portion of the 1977 Easement, consisting of some or all of that segment of the 1977 Easement located on property commonly known as 9 Main Slreet in Tiburon will no longer be used for public access after the Town has completed the Project ("Obsolete Portion"). After the Project is complete, the Town will determine the exact configuration of the Obsolete Portion and re-convey it to Grantors. _. 7. Secondary Easements: The Easement includes incidental rights of maintenance, repair, and replacement, described as follows: the right to go upon Grantors' property with necessary equipment for the maintenance or repair of the Project once constructed. 8. Hold Harmless and Insurance: Grantee shall hold harmless, indemnifY and defend Grantors from any claim, lawsuit or liability involving the construction of the Walkway or its subsequent use by the public. 9. Ownershio of Improvements: Grantee shall retain ownership of any improvements placed in the easement. Grantors shall have the right to review and approve the proposed improvements, which approval shall not be unreasonably withheld. By execution of this instrument, Grantors indicate their approval ofthe Project. 10. Commencement of Use: If Grantee does not complete construction of the Project within two (2) years of the date of this easement, this Agreement shall automatically become null and void, unless extended by written agreement of the parties. The two-year time period shall be tolled during the pendency of any litigation challenging construction of the Project. 11. Other Responsibilities of Grantee: Grantee shall begin maintaining the Allan Thompson Bridge and the site of the Easement upon execution of this Agreement. The 1977 Easement is hereby amended such that Grantee and its lessees shall be solely responsible for maintaining the 2 I ,-... Walkway in a clean and safe manner. Grantee shall be responsible for any transfer taxes or other costs associated with the grant and recordation of this easement. 12. Arbitration: The parties agree that any dispute between the parties regarding the terms or application of this agreement shall be submitted to binding arbitration. 13. Entire Alrreement: This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. 14. Binding: Effect: This instrument shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Grantor and Grantee. 15. Exhibits: This Agreement includes the following Exhibits, which are attached hereto and incorporated herein by reference: Exhibit A: Exhibit B: Exhibit C: Exhibit D Shoreline Park (Dominant Estate) Easement (Legal Description) Easement (Diagram) 1977 Easement -- Executed on -:2-( ).., &' ( O;;i... , at Tiburon, Marin County, California GRA S Edward G. Zelins J1)"? v GRANTEE ;----. 3 .. ,--. ".-... ".-... . BY: Harry S. Matthews ~S:71(~~ Mayor, To ofTiburon APPROVED AS TO FORM: ~~ 4 ,-. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~..c<'..e<'.c<'.c<'..c<'.c<-..c<'.c<'.c<.'.c<"..c<'..c<'.cc.c<'.c<'..c<'.c<.'...e<'e<'.c<'..ec.c<'.c<'.c<'..c<'..c<'.c<'..c<'..c<'.c<'..c<'.c<'.c<'.c<'..c<'.c<'.c<".c<-..c<',C<'..c<',.C(',.C<'.c<'..o..'Y. ~. State of California } ~ ~ County of Marin ss. g ~ ~ On 3/5/02 , before me, Gail A. Stine Name and Title of Officer (e.g. "Jane Doe. Notary Public") Date personally appeared Edward G. Zelinsky Name(s) of Signer{s) i; personally known to me U 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/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ,. l it GAIL A, STINE ~ - Comm. # 1233399 Ul iii NOTARY PUBLIC. CALIfORNIA (J) , Marin County - My Comm. Expires Aug. 29, 2003 .... Place Notary Sea! Above WI~:QndQoffi~ Signature of Notary Public ,-. 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. Description of Attached Document Title or Type of Document: ~r~nr. of F..:::i~pmpnt- ;:Inn Agrppmpnr. Document Date: .Tllnp 1, . ~OOl Number of Pages: 1 'i , , Signer(s) Other Than Named Above: , , , ,. Capacity(ies) Claimed by Signer Signer's Name: o Individual o Corporate Officer - Title(s): IX Partner -IX Limited 0 General o Attorney in Fact o Trustee o Guardian or ConselVator o Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here /'*"' I. Signer Is Representing: , , ~;(.::: . "1999 National NotarvAssoeiaIiDn' 9350 De SotoAw., P.O. Box 2402' ChaISwOl'lh. CA91313-2402-_.nalionalnotary.org Prod. No. 5907 , "'" AeonMr:CaIIToll.FrHl-800-876-6ll27 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~ ~..c<'A5<'..e<"~..e<'...c<'.c<'"..c<'..c<'.c<:'..F.<"..e<'.e<'..c<'.c<'..c<'..(':(.'..ec~.e<"~..(!X',C('.cc..ec.c<'.cc..c<',.e('..e<'..e<'..e<".c<'.c<'..e<'.c<'.c<'.c<'..e<'..G<'.c<'.('X'..c<'..c<',o..~ I State of California } . 55. I I County of M~Y'; n I , '""' r- On 1/5/02 Date , before me, ~;d 1 :no ~+-i,.,p. Name and nUe of Officer (e.g., "Jane Doe, Nolary Public") I ., I .1 " I ., '1 .1 1 I ,I 1 .1 '1 I 1 1 ., .1 .1 personally appeared T.aleh 7.p-l in~kff? Name{s) of Signer(s I 1 1M personally known to me o 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/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I. J~ GAIL A. STINE . ( - Comm. , 1233399{J) III .. NOTARY PUBLIC. CALIfORNIA ) \.~~ Marin County - ~~~COIl'~'!l. Exp~r: AlIg.29,2003 T ,. ,. I I ~s ~y hand and official seal. c<.L-Q Q '5t..:.~ Signattlfe of Notary Public Place Notary Seal Above ,. 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. Description of Attached Document Title or Type of Document: Grant of Easement ,mn IIqrppmpnr Document Date: June 13. 2001 1 ~ Number of Pages: I' I' Signer(s) Other Than Named Above: ,. I' , , ,. I , Capacity(ies) Claimed by Signer Signer's Name: o Individual o Corporate Officer - Title(s): 181 Partner -181 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: , , .1 .1 .1 '" Reordllr. Call ToI-F... 1-8Q0.876-6827 RIGHT THUMBPRINT OF SIGNER TOp of thumb here Signer Is Representing: I 1 ...":.:- c 1999 National NOlary Aur:Oation. 9350 0. SOlo A~.. P.O. 80JC 2402' ChaIsworth. CA 91313-2402. _.naIiDnlIlno&.ry.DIg PrDd. Na. 5907 '"' ~ CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT :<:-= - - - - - I' , '. g ~ , State of California } ss. -:Y.' ~ I I I I I " I , , ., J J .J I J " ., .1 I J .J I , I J I .1 . ~~ Marin County of On 2/25/02 Dale , before me, Gail A. Stine Name and nUe of OffICer (e.g_ "Jane Doe, Notary Public") personally appeared Barbara Z. Abrams Name(s)of Signer(s) ~ personally known to me o proved to me on the basis of satisfactory evidence I' ,. ,. I. ~ e GAIL'. STINE l: - Comm. , 1233399 l/l Ul NOTARY PUBlIC'CAL,IF,ORNIA _ ~ ....rin Counw ... 1. .. ~y. ~~.m. bpiru ~~ 29, 2003 J 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/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seat Above WITNESS my hand and official seal. ~~( Q S~ Signatura of Notary Public 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. ,. , Description of Attached Document Title or Type of Document: r::r:;u'lt: gf li::iliWmant: 3.nd 1\<j'roomont Number of Pages: 15 RIGHT THUMBPRINT OF SIGNER Top of thumb here C 1999 NllionaI NOlllryAsIociMion0 9350 De SoloAve" P.O. Box2-4Q2. Clwbworth. CA91313-2402 ._.nltionlllnolllry.org Prod. No. S907 Reorder.CallTolI-F~t-800-876-6821 ALL-PURPOSE ACKNOWLEDGEMENT State of California ./ } 55. County of 111/ AfU !L On ~ ~{,,/.Q(/J. beforerne, 1;)/~)JE ~ttAJE IA-(~/I , personally appeared HA R..tf.y f. M 4- ![If:C WS /'"' ~sonally known to me - OR- .1"DIANE CRANE IACOPI ~ - Comm.' 1286660 lJl Ul NOTARY PUBlIC.CAlIFORNIA Marin County : ~' MyComm.Elpires Dec. 8. 2004 T --- o proved to me on the basis of satisfaclory 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 tn his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on Ihe instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. W'TNESS~7~, :\OT-WY.S Slv...,\n:RE OPTIONAL INFORMATION The information below is not required by law. However. it could prevent fraudulent attachment of this acknowl. edgement to an unauthorized document CAPACITY CLAIMED BY SIGNER (PRINCIPAL) o jPIDIVIDUAL l1r CORPORATE OFFICER /11A"l::q 1 o PARTNERtS) o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: SIGNER IS REPRESDITING: NAME OF PERSO;..J(S) OR E~TITY(lESI --- I J TlJtJt\I ()f- / (hiJUAI APA 5199 DESCRIPTION OF ATTACHED DOCUMENT GMtVIIZ4PIW.Wf'-+ /1". ~'- ~'- TITLE' OR TYPE OF DOCUMENT 'f r~!:dOF~[d(~A~tJ Cl.AJJ 13 :J ~ I ~ iA;E- ~ Doc6MENT OTHER RIGHT THUMBPRINT OF SIGNER . . ~ i5. D E o ;; " ~ '" VALLEY-SIERRA. HOO-J62-J369 --. ~ r- , Exhibit A Shoreline Park Lot 1 as shown on document 84-8031, Page 4 of Volume 19 of Maps, recorded on February 16, 1984, in the Official Records of Marin County. 5 ,. -", r-'., ;,..,.. EXHIBIT B EASEMENT LEGAL DESCRIPTIONS All that certain real property situate in the Town of Tiburon, County of Marin, State of California, being a portion of the lands of Zelinsky Et.A!. as set out in the Deed recorded under Document No. 1997-0003365, Marin County Records, described as follows: PARCEL ONE: All that portion of Easement "E" as described in the Deed from the Frederick and Juanita Zelinsky Trust to the City of Tiburon recorded in Book 3195 of Official Records at Page 172, Marin County Records described as follows: COMMENCING at the Northeasterly corner of Parcel Two, as described in the Grant Deed from Varney to Zelinsky, recorded August 3, 1961 in Book1485, at Page 470, Marin County Records, said corner being on the southerly right of way line of Main Street; Thence, leaving said corner and said right of way line, along the easterly property line of said Parcel Two, South 21016'58" East (South 19049'30" East per deed), 183.40' feet to the TRUE POINT OF BEGINNING; Thence, continuing along said easterly property line also being the easterly line of said Parcel "E", South 21016'58" East, 2.10 feet; Thence, leaving said easterly property line and said easement line, South 68043'02" West, 80.00 feet to the westerly property line of said Parcel Two also being the westerly line of said Parcel "E"; Thence along the westerly property line of said Parcel Two and said Parcel "E", North 21016'58" West (North 19049'30" West per deed) 2.10 feet; Thence, leaving said westerly property line, along the common line between Parcels "E" and Parcel "B" as described in the Deed from the Frederick and Juanita Zelinsky Trust to the City of Tiburon recorded in Book 3195 of Official Records at Page 172, Marin County Records, North 68043 '02" East (North 70010'30" East per deed) 80.00 feet to the POINT OF BEGINNING. PARCEL TWO: All that portion of Easement "D" as described in the Deed from the Frederick and Juanita Zelinsky Trust to the City of Tiburon recorded in Book 3195 of Official Records at Page 172, Marin County Records described as follows: COMMENCING at the Northeasterly corner of Parcel One, as described in the Grant Deed from Varney to Zelinsky, recorded August 3, 1961 in Book1485, at Page 470, Marin County Records, said corner being on the southerly right of way line of Main Street; "'"" I Thence along the northerly property line of said parcel and said southerly right of way line, South 68043'02" West (South 70010'30" West per deed) 43.19 feet to the northwesterly corner of said parcel; Thence, leaving northerly property line and said right of way line, along the westerly property line of said Parcel One, South 18039'28" East (South 17012' East per deed) 12.82 feet; Thence South 21016'58" East (South 19049'30" East per deed) 162.1 feet to the TRUE POINT OF BEGINNING also being the northwesterly corner of Parcel "D as described in the Deed from the Frederick and Juanita Zelinsky Trust to the City of Tiburon recorded in Book 3195 of Official Records at Page 172, Marin County Records; Thence along the northerly line of said Parcel "D", North 68043'02" East (North 70010'30" East per deed) 43.75 feet to the easterly property line of said Parcel One also being the northeasterly corner of said Parcel "D"; Thence along the easterly line of said Parcel One and said Parcel "D", South 21016'58" East (South 19049.30" East per deed) 10.58 feet; Thence, leaving said easterly property line and said easterly easement line, South 68043'02" West, 43.75 feet to the westerly property line of said Parcel One also being the westerly line of said Parcel "D"; Thence along said westerly property line and said westerly easement line, North 21016'58" West (North 19049'30" West per deed) 10.58 feet to the POINT OF BEGINNING. --- PARCEL THREE: BEGINNING at the intersection of the northerly and westerly lines of Parcel "B" as described in the Deed from the Frederick and Juanita Zelinsky Trust to the City of Tiburon recorded in Book 3195 of Official Records at Page 172, Marin County Records, said lines being labeled per said deed "North 70010'30" East, 64 feet" and "North 19049'30" West, 173.4 feet"; Thence, from said point of intersection and along said westerly line, North 21016'58" West, 3.50 feet; Thence, leaving said westerly line, South 23043'02" West, 4.95 feet to a point on the northerly line of said Parcel "B"; Thence along said northerly line, North 68043'02" East, 3.50 feet to the POINT OF BEGINNING. Prepared by: LL.Schwartz Associates, Inc. r' REv-EAS-LGL.DOC 09/1010 I , .-.. :..;.-;..; '~'ii ,: @ LL SCHWARTZ ~1l!S, ~ Civil Engineering & Land Surveytng 79 Galli Drive NOVATO, CA 94949 (415) 883-9200 FAX 883-2763 JOB TlBURON FERRY PLAZA - NEW EASEMENTS JOB NO. 6940 - E9904 SHEET , DESIGN BY JRH CHECKED BY ILS SCAlE ,"= 20' EXHIBIT C I I I I I (' lJ.J I , I <tI ~ l!'\ I . '() ;:;; .- I .., ('ij mIlE POINT OF <: \l) BEfINNING PARCEL 17f0 PA/(CEL -'!'f0 _ _ _ ~_ EXlSnN6 EASEn!NT ~. N 68'43'02' E 3.75' 2 '3.75 I I I I I I ~ I ~ I ~ I ~ I \l) 1m PARCEL THREE I BEG, 'ING \ I PARe. TllBEE i ~I 4 L_______________ m~l!~! ~'B./ / PARCEL ONE N 68'43'02" E "'80,00' @' 5 68"43'02' H 80.00' \ EXlS7TN6 EA5EfENT F' ~ l'l) ~ I ~ <'\j ~ ZELIN5: ET AL 1997 0003365 ~ , ~ / ---------- --------------PARCELONE r-- LINE TABLE, (j) N 2/'/6'58" H 2/0' o N 2/'/6'58" H /0.58' @N23'43'02" H 4.Q5' o N 2/"/6'58" H 3.50' @N 68'43'02" E 3.50' NOTE, EX/STING EASEHENT PARCELS ':9: "C: ''D" I "E" PER 3/Q5 OR /72 "'r. .-..... I . .::----',1 .' 21815 REI. . r' Recording Requested by: .. 1,' CITY 02 TIBURON ! 21815 ROBERT I.. CON(-i I Es(i.~ Tib=on City Attorney. 1534 Fifth Avenue! ,'" San P~fael, CA 94901 aCQ,\ 3195 AT T MAya 1971. OffIGial RellOnls of Marin County, Call!. n~~~ FEE $ '!!' Ii RECOROt:' PAGE172 . c: 6' Va.,-, ~men Recorded, ~~il to: GR-~~~T DEED FOR PEDESTRL~ PASSAGE EASE4ENT ~lD RESTRICTIVE COVENANT FRED~ICK ~~D JUANITA ZELINSKY TRUST (hereinafter collectively referred to as "Grantor"), hereby grants to the CITY OF TIBURON, a municipal corporation (hereinafter rererred to as "Grantee"), a..T1 easement for pedestrian passage over a ~ pedestrian promenade and walkway for pUbli~'use, over and across ~~e real property situated in the City or Tiburon, County of Marin, State of California, described in E~~ibits -A", "Bn, and "e" attached hereto. .' Grantor represents to Grantee D~at it has constructed the pedestrian promenade and walkway over said real property in a good and workmanlike-manner and covenant and warrants that it will maintain it in safe condition at all t;mes and will, at all times, maintain public liability insurance in amounts de~~ed satisfactory to the Tiburon City Manager, naming Grantee as an additional insured and providing for prior Notice to Gra-'1:tee of any,. canc~Hla tion of the policy. /'"' EXH\BlT D .B2[.3195 p~GE172 -1- . ~ ~ -.. Gra~tor hereby covenants with Grantee that the progerty , I described in Exhib:i.ts "D" and "En, attached hereto, shall be restricted to nonexclusive public rights of access and to re~ain forever in ,the natural state as open, undeveloped, .. , { " unfilled, and unimproved space. DATED: ~ &> , 1977. ~REDERICK lU~~ JUANITA ZELI~SKY TRUST By: 4~q-~ T ustee ~ STATE OF CALIFO&~IA } } -COm.TY OF H.;RI~ ) -' ss. On this day of ~~~~-T51.ff! and o ~, a Notary Public ana sworn, personally appeared kno~>nto me to be th erson hose n~~e-1S subscribed to.the within instrument and acknowledged to me that he ~xecuted the same. My co~~ission expires affixed IN ~'lITNESS WHEREOF I my official seal in L~e the day and year this certific ;1.. J...~ ~ Boo:\3195 PACE113 -2- EXHIBIT "A" '"' Commencing at a point in the Northerly line of Tideland Lot 15 1/2 which bears South 640 33' 30" west, l34.BO feet from Tideland Station 469, said point being the most Southerly corner of the parcel of land conveyed to the Northwestern Pacific Railroad Company by M. J. Gillogly and Zoe H. Gillogly, his wife, by that certain indenture dated January 12, 1927, recorded June 9, 1927, in Volume 119 of Official Records, page 301, Marin County Records; thence North 220 06' West, 26.40 feet to the Southerly line of Main Street; thence along said Southerly line, North 700 10' 30" East, 56.28 feet to the true Point of Beginning, said point being the Northeast corner of a parcel of land now or formerly owned by Fred Zelinsky and known as "The Dock." Thence leaving said Point of Beginning and said right of way line, along the Easterly property line of said parcel, South 190 49' 30" East, 224 feet, more or less, to the Southerly limit of an existing deck; thence along said Southerly limit of the existing deck, South 700 10' 30" West, 55.23 feet to a point on the Westerly property line of said parcel; thence leaving said Southerly limit of said deck, along said Westerly property line, North 190 49' 30" West, 5 feet, more or less, to the outside face of the existing building; thence leaving said Westerly line, along the outside face of the existing building, North 700 10' 30" East, 47.23 feet, more or less, to the Southeasterly corner of the existing building; thence along the Easterly outside face of said building, 8 feet, more or less, distant from the above mentioned Easterly property line, North 190 49' 30" West, 103.5 feet; South 700 10' 30" West, 2 feet; thence along the Easterly outside face of said existing building, now being 10 feet, more or less, distant from said Easterly property line, North 190 49' 30" West, 115.5 feet, more or less, to the Northerly property line of said parcel and the Southerly right of way line of Main Street; thence along said Northerly property line, North 700 10' 30" East, 10 feet, more or less, to the Point of Beginnino;. r--. '"' Containing 2,259 Square Feet in area. & EXHIBIT "B" ~ /""' Beginning at the Northeasterly corner of Parcel Two, as described in the Grant Deed from Varney to Zelinsky, recorded on August 3, 1961, in Book 1485, at page 470, Marin County Records; said point also lying on the Southerly right of way line of Main Street, thence leaving said'Point of Beginning and right of way line, along the Easterly property line of the above referenced Parcel Two, South 19' 49' 30" East, 183.4 feet, more or less, to the intersection of the extension of the Southerly limit of an existing promenade deck with said Easterly property line, thence leaving said Easterly line along said Southerly limit of said promenade deck, South 70' 10' 30" West, 80 feet, to the Westerly property line of said parcel, thence along said Westerly property line, North 19' 49' 30" West, 19.5 feet, thence leaving said Westerly property line, North 70' 10' 30" East, 6 feet, more or less, to the Easterly limit of an existing deck; thence along said Easterly limit, South 19' 49' 30" East, 9.5 feet, more or less, to the inter~ section of said Easterly limit of deck with the Northerly limit of the above mentioned promenade deck; thence along said Northerly limit, North 70' 10' 30" East, 64 feet to the intersection of said Northerly limit with the Southerly extension of the Easterly outside face of the e~isting buildin9 being 10 feet, more or less, distant from the Easterly property line of said parcel; thence along said extension and along said Easterly outside face of said building, North 19' 49' 30" West, 173.4 feet, more or less, to a point on the Northerly property line of said parcel, said line also being the Southerly right of way line of Main Street; thence along said Northerly property line, North 70. 10' 30" East, 10 feet, more or less, to the Point of Beginning. Containing 2,591 Square Feet of area. /""' ... . EXHIBIT "C" ,...... Beginning at the Northeasterly corner of Parcel One as described in the Grant Deed from Varney to Zelinsky recor?ed on August 3, 1961, in Book 1485, at page 470, Marin County Records, said point also being on the Southerly right of way line of Main Street; thence leaving said point, along said Southerly right of way line and Northerly line of said parcel, South 70. 10 I 30" West, 43.19 feet, to the Northwesterly corner of said parcel; thence leaving said corner and said right of way line, along the Westerly property line of said parcel, South 170 12' East, 12.82 feet; thence South 190 49' 30" East, 162.1 feet to the intersection of said Westerly property line with the Southerly limit of an existing deck; thence leaving said Westerly line along said Southerly limit, North 700 10' 30" East, 43.75 feet, to the Easterly property line of said parcel; thence leaving the Southerly limit of said deck, along said Easterly line, North 190 49' 30" West, 11 feet, more or less, to the intersection of said Easterly line with the Westerly extension of the Southerly limit of an existing overhead deck; thence leaving said Easterly property line, along said extension and the Southerly limit of the overhead deck, South 70. 10' 30" West, 33.75 feet to the Southwest corner of said overhead deck, said corner also being on the Southerly extension of the Westerly outside face of an existing building; thence along said extension and said Westerly outside faca, being 10 feet, more or less, distant from and parallel with the Westerly property line of said parcel, North 190 49' 30" West, 158.9 feet, more or less, to the point of intersection with the Northerly limit of an existing overhead deck; thence along said Northerly limit, North 70. 10' 30" East, 33.75 feet, to the Easterly property line of said parcel; thence along said Easterly line, North 190 49' 30" West, 5 feet, more or less, to the Point of Beginning. "'"" /'"' Containing 2,285 Square Feet in area. . EXHIBIT "D" ,,---. r" Commencing at the Northeasterly corner of Parcel One, as described in the Grant Deed from Varney to Zelinsky,. recorded on August 3, 1961, in Book 1485, at page 470, Marin County Records, said corner being on the Southerly right-of way line of Main Street; thence along the Northerly property line of said parcel and said Southerly right of way line, South 70. 10' 30" West, 43.19 feet, to the Northwesterly corner of said parcel; thence leaving said corner and said right of way line, along the Westerly property line of said parcel, South 17. 12' East, 12.82 feet; thence South 19. 49' 30" East, 162.1 feet, to the true Point of Beginning, said true Point of Beginning also being the intersection of said Westerly property line with the Southerly limit of an existing deck; thence leaving said point, along said Southerly limit, North 70. 10' 30" East, 43.75 feet, to the Easterly property line of said parcel; thence leaving said Southerly limit along said Easterly property line, South 19. 49' 30" East, 22.0 feet; thence leaving said' Easterly line South 70. 10' 30" West, 43.75 feet, to the Westerly property line of said parcel; thence along said Westerly line North 19. 49' 30" West, 22.0 feet, to the true Point of Beginning. Containing 963 Square Feet in area. ,,---. EXHIBIT "E" ,.-.. ,.-.. Commencing at the Northeasterly corner of Parcel Two, as described in the Grant Deed from Varney to Zelinsky, recorded on August 3, 1961, in Book 1485, at page 470, Marin County Records, said corner also being on the Southerly right of way line of Main Street; thence leaving said corner'and said right of way line, along the Easterly property line of said Parcel Two, South 190 49' 30" East, 183.4 feet, to the true Point of Beginning, said point being the intersection of said Easterly property line with the Easterly extension of the Southerly limit of an existing promenade deck: thence leaving said true Point of Beginning, along said extension and said Southerly limit, South 700 10' 30" West, 80 feet, to the Westerly property line of said Parcel Two; thence along said property line, South '190 49' 30" East, 13 feet; thence leaving said WesteI:ly property line, along a line 13 feet distant from the above- mentioned Southerly limit, North 700 10' 30" East, 80 feet, to the Easterly property line of said parcel: thence along said Easterly property line, North 190 49' 30" West, 13 feet, to the true Point of Beginning. Containing 1,040 Square Feet in area. ,.-..