HomeMy WebLinkAboutAgr 2016-06-16 (Las Lomas) � , �.�
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Las Lomas Lane(portion)
Adjacent to Assessor Parcel Nos. 059-122-56 & 57
Exempt from Recording Fee per Gov. Code Section 27383
Recording Requested, Return to:
TOWN OF TIBURON
ATTN: DIRECTOR OF COMMUNITY DEVELOPMENT
1505 TIBURON BOULEVARD
TIBURON, CA 94920
RESOLUTION
Value less than$100.
RESOLUTION NO. 10-2016
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
VACATING A RELOCATED PUBLIC RECREATIONAL TRAIL LOCATED ON AN
UNDEVELOPED PART OF LAS LOMAS LANE AND RESCINDING THOSE
PORTIONS OF TOWN COUNCIL RESOLUTION 51-2005 PERTAINING TO THE
ACCEPTANCE OF THE LAS LOMAS LANE RECREATIONAL TRAIL
WHEREAS, on October 5, 2005 the Town of Tiburon accepted a public recreational trail
over a portion of Las Lomas Lane through adoption of Town Council Resolution No. 51-2005,
subsequently recorded as document number 2005-0080162 in the official records of Marin
County; and
WHEREAS, the Town has determined that said public recreational trail constitutes a
public service easement as that term is defined in California law; and
WHEREAS, on January 20, 2016, the Town Council accepted a public pedestrian
easement over the undeveloped portion of Las Lomas Lane, which among other things partially
relocated the recreational trail accepted by Town Council Resolution No. 51-2005 in order to
better conform to the existing path alignment as currently used by the public; and
WHEREAS,the Town's acceptance of the public pedestrian easement was recorded in the
official records of Marin County on February 16, 2016 by document number 2016-0006517; and
WHEREAS, in January, 2016, the Planning Commission reviewed the matter, concluded
that the disposition of the public service easement/recreational trail portion was consistent with the
General Plan,and recommended vacation of the public service easement/recreational trail that was
relocated through acceptance of the aforementioned public pedestrian easement; and
WHEREAS,the Town Council has determined that the public service '
easement/recreatic�nal trail that was accepted by the adoption of Resolution No. 51-2005 is no
longer required for public access purposes or for any future street purposes; and
WHEREAS, the Town Council has determined that there are no in-place public utility
facilities that would be affected by the vacation.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon
that:
l. Pursuant to Chapter 4, Section 8333 of the California Streets and Highways Code, the '
Town of Tiburon does hereby summarily vacate the recreational trail/public service
easement accepted by Town Council Resolution No. 51-2005, said easement being
described and depicted in attached Exhibit"A", adopted herewith and incorporated herein
as a part of this Resolution.
Town of Tiburon Town Council Resolution 10-2016 03/16/2016 Page � 1
2. This summary vacation is made pursuant to the authority of Chapter 4, Section 8333 of the
California Streets and Highways Code, which allows for summary vacation of public
service easements by a municipality if the easement has been superseded by relocation and
there are no other public facilities within the easement.
3. This summary vacation is made because the affected public service easement/recreational
trail has been relocated and replaced by the grant of easement recorded as document
number 2016-0006517 of Marin County Records.
4. The Town Clerk is directed to file this resolution with Marin County Recorder's Office
within ten(10) working days of execution.
5. The Town Council does hereby rescind those portions of Tiburon Town Council
Resolution 51-2005 pertaining exclusively to Las Lomas Lane. '
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of '
Tiburon held on March 16, 2016, by the following vote: '
AYES: COIJNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Tollini '
NAYS: COtJNCILMEMBERS: None ';
ABSENT: COLTNCILMEMBERS: None
�----`�'
����-� ~ ':
ERIN TOLLINI, MAYOR
TOWN OF TIBURON
ATTEST:
�
DIANE CR.AN ACOPI, TOWN CLERK
Attachment: Exhibit"A" (Legal Description and Graphic Depiction)-2 pages
Town of Tiburon Town Council Resolution 10-2016 03/16/2016 Page � 2
DESCRIPTION
All that certain real property situate in the Town of Tiburon, County of Marin, State of
California, described as follows:
A portion of land commonly known as "Las Lomas Lane"as shown on that certain map
entitled, "Lot Line Adjustment, Record�of Survey, Lands of Lukens, As Described in
D.N. 94-087632, D.N. 94-087633, & D.N. 94-087634"recorded on August 2, 1995 in
Book 33 of Surveys at Page 97, Marin County Records.
Beginning at a point on the southerly line of Centro West Street that bears
South 77°50'41" West 50.19 feet from the northerly corner as shown upon that said map;
1. Thence leaving said southerly line of Centro West Street South 03°55'00"East 20.30
feet;
2. Thence South 53°35'00" East 29.66 feet to a point on the easterly line of said Las
Lomas Lane;
3. Thence along said easterly line South 26°11'08" West 135.15 feet;
4. Thence South 08°20'00" West 63.99 feet;
5. Thence leaving said easterly line North 76°23'32" West 6.39 feet;
6. Thence North 09°23'00"East 67.68 feet;
7. Thence North 27°55'00"East 23.87 feet;
8. Thence North 64°55'30" West 4.06 feet;
9. Thence North 25°04'30"East 20.15 feet;
10. Thence South 65°21'0099 East 4.91 feet;
11. Thence North 26°11'08"East 82.01 feet;
12. Thence North 31°18'00" West 6.24 feet; �
13. Thence North 53°35'00" West 22.45 feet;
14. Thence North 03°55'00" West 17.88 feet to a point on said southerly line of Centro
West Street;
15. Thence along said southerly line North 42°39'00"East 6.89 feet to the point of
beginning.
This description was prepared by: C�P P�=��
Lawrence P. Doyle
P.L.S. 4694
� Exp. 9/30/03
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EXHIBIT "A"
(P. 1 OF 2)
LINE TAB�E
LINE LENGTH BEARING
L1 20.30 NO3'55'00"W
L2 29.66 S53'35'00"E
�3 135.15 S26'11'08"W �
L4 63.99 S08'20'00"W
L5 6.39 S76'23'32"E
L6 67.68 S09'23'00"W Q �
L7 23.87 S27'S5'00"W �O �P. . `�Sj► �'
L8 4.06 S64'S5'30"E �1 ��5 f +
L9 20.15 S25'a4'30"W � A : ^ � ``
L10 4.91 S65'21'00"E v
L11 82.01 S26'11'08"W PG D.��
L12 6.24 S31'18'00"E v
L13 22.45 S53'35'00"E `�� <� 40'
L14 17.88 NO3'55'00"W N ,�;
L15 6.89 N42'39'00"E ��9� �
L16 50.19 S77'50'41"W 5 �
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N = LAS LOM AS LAN E
O W T18UROht MARIN COUNTY CALIFORNIA
..n � SCAIE: 1"= 50' DRAWN BY:
N _ DA7E 8�27�03 �y�gENCE P. DOYLE SHEET 1 oF ,
`� D LAND SURVEYOR/CIVIL ENGINEER
� P.O. BOX 1609 MILL VALLEY CA 94942 (415-388-9585)
DRAWING N0.
968
Cl4LIFORNIA ALL-PURPOSE ACICNOWLEDGMEN'T CIVIL CODE § 9189
�
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California •
County of ,�G��'`�' )
e A)
On '�0 ' �� before me, /��`''�- �- � �"� ��y��G ,
Date . � Here Insert Name and Title of t Officer
personally appeared G �«
Name(s) of Signer(s)
,
who proved to me on the basis of satisfactory evidence to be the person(e) whose name(a) is/a�e
subscribed to the within instrument and acknowledged to me that �ae/she/tfae� executed the same in
�/her/t#eir authorized capacity(ies),and that by t�i�/her/ti�ei�signature(g)on the instrument the person(s�,
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.
DI�E CNAtVE IACOPI WITNESS my hand offici al.
Commisaion�a 2026625
� t�ota�y PuWic-C,titon�s
� �r N9arin Counry � �--
My Comm.Expires Ma 31,2017 Signature
Signature of Not Public
Place Notary Seal Above
OPT/ONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudu/ent reattachment of this form to an unintended document.
Description of Attached Docu�e�`L� �� l���.0� �°�/� /�
Title or Type of Document: ��J l� � Document Date:
Number of Pages: � Signer(s) Other Than Named Above: �/�
Capacity(ies) Claime�i b�Si (s)
Signer's Name: ���� Signer's Name:
�1'Corporate Officer — Title(s): ��fQ �d� ❑ Corporate Officer — Title(s):
I-1 Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General
❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: �c,�/ ��' ��cl,CJ�/ Signer Is Representing:
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02014 National Notary Association •www.NationalNotary.org ^ 1-800-US NOTARY(1-800-876-6827) Item#5907