HomeMy WebLinkAboutDeed 1982-09-12 (Bruel Mercury) �
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WHEN RECORDED MAIL TO �,� � �
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Mrs . Katie Bruel � � �:�� '�
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c/o Peter B. Brekhus , Esq. '�`���`�'' ;- , C rx;' , �� t 4
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San Rafael CA 94901 � ����� � ���� � � � t� � ��'����� �
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MAIL TAX STATEMENTS TO: - ,
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Mrs. Katie Bruel DOCUMENTARY NSFER A
57 Mercury Avenue �
Tiburori, CA 94920 $ No co ' dera ' o
A.P. NO. I
#34-26 -
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged , the TOWN OF TIBURON, a publi� entity, hereby
to Y.atie Aruel
quitclaims all right , title and interest/f'which it may have in
that certain real property in the Town of Tiburon, County of
Marin, State of California, describec� as follows :
Any and all interest in that certain drainage
easement, five (5) foot wide, along the westerly
line of Lot 98 , as the same is shown upon that
certain map entitled "Map of Belveron Gardens ,
Unit Three, Marin County, California" filed
for record Auqust 23, 1950 , in Volume 7 of
Maps , at Page 13 , b7arin County Records ,
as shown upon the filed map.
Dated: September 12 , 1983 .
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GARY �FRATLIrG, MAYn
TOWN �F TIBU ON
STATE OF CALIF�I� � )
Caunty of �- ) S '
On this �Z day of :;� �%'�, 1983 , before me, the under-
signed, a Notary Public, State of California, personally appeared
GARY SPARTLING, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the Mayor of said public
entity described .in and that executed the �Tithin instrument,
and also known to me to be the person who executed the within inst erit
on behalf of said public entity therein named , and acknow dged
ta me that such entity executed the sam � � >>,-�::�
oFF� � ' s=��' �'.
WITNESS my hand and of ficial seal. "��;'� ALAN P U � uR' CH �
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� Notz�r�;�?tr'.fr ali`„mr �
PR _i t',I f� -E I
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Notary , " � � ��ifornia
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TOWN OF TIBURON OFFICE OF THE "I'OWN ATTORNEY
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F' 1-�3�L.F�LFa.T-�I�A3✓.F.Iatd,T�.. SAN RAFAEL,CALIFORNIA 94901
ROBERTI.CONN 3 • (415) 453-9433
� g ��.': 874 Fourth St.
Iown Attorney �
GARYT.RAGGHIAN'II Augl].ac7t Z�, 1983
Depury
Mr. Robert L. Kleinert
Town Manager
Town of Tiburon
1155 Tiburon Boulevard
Tiburon, CA 94920
Re: Bruel Property
Dear Bob:
Following our discussion last w�ek, I contacted Stan Bala and discovered
that he had the original "Deed of Easement" for the new easement on the
property of Katy Bruel, which the Town accepted on April 6, 1983 by Res-
olution No. 2094. I have now obtained that original, and I will have it
recorded and send a copy of same to .Mrs. Bruel.
I am enclos�ng herewith the original "Quitclaim Deed" for the old ease-
ment on the Bruel property, along with my letter to you dated March 11,
1983. I presume this matter also was placed on the consent calendar for
April 6, 1983. If so, please have the mayor execute it and have the deed
recorded. I don't believe an assessor's parcel number is necessary, as
the deed concerns just an easement. I would appreciate your contacting
me when recordation has been accomplished.
If you have any questions regarding either of these deeds, please do not
hesitate to call.
Yours very truly,
ROBERT I. CONN
To�m Attorney
BY � �.
LISA A. G�LDFIEN
RIC/LAG/dp
Enclosures
TOWN OF TIBURON OFFICE OF THE TOWN ATTORNEY
.� . � .
�f' �g§���}q�� • SAN RAFAEL,CALIFORNIA 94901 • (415)453•9433
ROHER'I I.CONN � � p�7
Town Attorney ,' (7/4 Four th S t
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GARY T.RAGGHIANlI
D`p"`y March 11, 1983
DATE: APRIL 6 , 1983
Mr. Robert Kleinert ITEM: 6
Town Manager FILE• 1210 .1
Town of Tiburon �.. .
1155 Tiburon Blvd.
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Tiburon, CA 94920 � �; , ;
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Re: Bruel Pro�erty, 57 Mercury Ave. ,;.4a
��4'������s����;:;�„
Dear Bob:
As you know9 Mrs. Katy Bruel incurred some damage to her property during the
January, 1982, storms. In order to prevent future damage, she has canstructecl
neU? drainage improvements on her property, and has offered for dedication to the
Town a drainage easement in connection therewith.
Enclosed herewith is a copy of the Town Engineer's October 13, 1982, letter to
the Town recommendin.g that the Town accept the new easement and begin maintaining
the new improvements on October l, 1983, subject to the fulfillment of certain
conditions. The Town Engineer has informed me that those conditions have been
fulfilled. Therefore, it is now appropriate to place on the agenda a resolution
to accept the new easement. This would seem to be a matter which could be
placed on the consent calendar.
In connection with the dedication of the new easement over her property, Mrs.
Bruel requests that the Town give up its interest in the old easement across
her property. The Town Attorney has informed Mrs. Bruel and her attorney, Peter
S. Brekhus, of the Town`s position that it has no interest whatsoever in the old
easement, nor has it ever owned or maintained the improvements thereon.
By letter of January 26, 1983, a copy of which is enclosed, attorney Brekhus
has requested that the Town execute a quitclaim deed to the old easement. Please
note that the letter acknowledges that the Town's action in signing the quitclaim
deed will not be considered to be an admission that the Town has any interest in
the old easement.
The proposed quitclaim deed is attached, and has been approved for accuracy by
the Town Engineer. This should also be placed on the consent calendar and the
Mayor authorized to sign the deed.
Very truly yours
PL�ASE NOTE o THE EXHIBIT ROBERT I. CONN, Town Attorney
ATTACHMENT TO THE
RESOLUTION WILL BE
�'ORTHCOMING. ;� : � .
�BY) � �
LAG/sj LISA A. GOLDFIEN
Encls.
i.-
�AW OFFICES OF
PETEI3 B. Bl�EKHUS
Robert I. Conn
January 26 , 1983
Page 2
My files reflect that Mrs. Brue1 sent Stan Bal.a the
deed of easement for the new sewer easement on November 2 , 1982 ,
and you should have a copy of that in your files or in Mr. Bala' s
files. Please arrange to send me back a copy of that deed when
recorded.
Ver rul.y ours,
/i� / ___—_
TER B. BREKHUS
PBB/lr
Enclosures
cc Pdrs. Katie Brue1
�
�
LAW OFFICES OF
PETEI3 B�. BF�EKHUS
PETER B. BREKHUS
SCOTT A.WILL�AMS 813 D STREET
TERRY D. FORTIER SAN RAFAEL�GALIFORNIA 94901
OF COUNSEL . TE�EPHONE (415) ��{ 485-0500
January 26 , 1983
Robert I. Conn
Attorney at Law
1534 Fifth Avenue
San Rafaelv CA 94901
Re: Bruel v. City of Tiburon
Dear Bob:
This will acknowledge receipt of your letter of November 30,
and Ms. Goldfien' s letter of January 10, 1983 . I must disagree
with your statement that there was never any agreement of any .
type that the town would "trade easements with Mrs. �ruel. "
The town designated Stan Bala as its representatives , and
Mrs. Bruel worked with Mr. Bala in connection with repairing
the damage and making improvements. Additionally, the town
has now forwarded Mr. Bala' s bill to be paid by Mrs. Bruel:
Enclosed p�.ease find a copy of a letter from Stan Ba1a on town
stationery� dated August 6, 1982. In it he indicated that the
solution proposed appeared satisfactory, and that he would recom-
mend that the improvements be accepted by the town for maintenance
purposes. He specificalZy suggested it would be subject to an
offer of a drainage easement to the town.
Based on that, Mrs. Bruel went forward with the improvements
and expended a conside�abl.e amount of money. I therefore think
it is incor�ect to indicate that there was no understandin,g with
respect to this matter. -
Indeed, Nrs. Brue1. is concerned about having two easements
across her property. According�y, I am enclosing a quit claim
deed to be executed by the town as to the drainage easement
formerly depicted on her property. This letter will serve to
acknowledge that the town` s action in signing this quit claim
deed wi11 not be considered an admission that it had any in-
terest in the former facility, although, as I am sure you are
aware, it is Mrs. Bruel ' s legal position that the town did have
such an interest and was legall.y responsible tor it.
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WHEN I�EG�RDED MAIL T0:
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�oT-;� f�tt�-.�ney
Town of Tiburon ������ � �
874 Fourth Street DEED OF EASEMENT
San Rafael; CA 94901
KATARZYNA BRUEL , as GRANTOR , hereby grants to the
Town of Tiburon, as GRANTEE, an .easement 10 feet in widtn for the purpose
of acquiring, completing, reconstructing, repairing, maintaining, operating,
and cons,tructing storm drains and appurtenances for said Town, together with
the righ� of acce�s through the property for the purpose of maintaining the
drainage improvements located within said easement, situated in the County
of Marin, State of Califarnia, and more part�cularly described as follows:
An easement 10 feet in width lying 5 feet to each side of and
running parallel to the following described centerline, said
easement to run from boundary line to boundary line of the
following described lot.
BEGINNING at �. point distant N 62° OS ' E 23 . 50 feet fram the
Northwest co�ner of Lot 98 as shown on the Map of Belveron
Gardens Unit 3 filed August 23 , 1950 , in Book 7 of Maps at Page
I3g Marin County, California, Records, thence running S l3°
30 ` E 44 . 70 feet to a point, thence along a tangent curve to
the right of radius 57 feet through a central angle of 45° 22 °
' an arc distance of 45. I3 feet to a point of reverse curvature,
thence running along a tangent curv� to the left of radius 48 . 5
feet through a central angle of 29 ° 37 ' an arc distance of
25a0? feet to a point, thence along a tangent to the preceedinq
curve S 02° 15 ° W 25. 18 feet to a point on the Westerly line
of said Lot 98 , said point being distant alang said WesterZy
line of said 1ot N 07° 16 ° 30'° W 32 . 21 feet from t�ie Southwest
cor•ner thereof .
The GRANTOR reserves the right to the normal use of this Easement together with
the right to grade, Iandscape, and erect temporary or portable structures as
sucla rights are compatible with the use of the Easement. It is understood that
uncier the terms of this Grant that the Towrg shall restore, as nearly as possible,
the ground to lts original condition, and shall exert reasonable care to protect
and preserve shrubs and �rees planted within the eas m nt.
October 29�. 1982 _ _
DATE
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STATE OF CAL�FORNIA )
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CQLTNTY OF San Francisco) ,.�;- ;„R �.,-.,,,;•.;.,�
tir��'l���,,._ r,���'�,"•;.�:J
r������ cc�i.���;�; ��,�_��=�������
On this 29th day of z��`�'^ �i������
198 2 _ � i��. ��,,��� t ;�i�,�,�f'...��
October , ____ , t�efore me°
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the_undersigned_ , a Notary Public in anct for the County
�f San Francisco , St�.te a� Gaiiio�-nia, rzsidin; t1-ierein, d�l.y
cozn.n�issioned and sworn9 perscnally appeared Katarzyna Bruel
�
kncc•.r. ta me to be the pe�son �-�hose name is J j��� subs�,rii,��a �v
the within instrument and acknowledged to me that she execrited .the sa:ne.
In caitness whereof, I have here�nto se.t my hand and affixed my official
seal the day and year in this certifi.cate first above F�rit en.
�� �
¢a'- ��';�IC?�L ��t'"-.T �
�;P�f�-_ �, A &ct!'Y,�i�IN ��1rFiLER �
f 'wti"s��������"' �OTr^.RY PU��!iC - AUFORNEA �.
`��l�c�..ir`a° r � -_ � ___ .� _
�ti<;F�o�',P ''�� ���� ��''�$�` ' ;�ot�ry Pub]_ic in ar�id fo said Coui�ty & Sta�e
Tt�y comm. expires �{�y 30, I�84�
M;� Con:n.is.�ion ex.pire:-; __ _N�emb-e-r
-- — 30;�-9-8�----
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' � , � E�NI�9T "A"° � �����3 � �
DETI) OF I;ASI;MEN'f
. . ,k.'. .✓'
KATAFtZYNA BRUEL , as GP.ANTOR , hereby granrs to the
Towrl of Tibur.on, as GRI�NTEE, an easement 10 feet in widLi� for the purposE
of acquiring, completing, reconstructing, repairing, maintaining, operating,
and constructir�g st�rm drains and apI>urCenances for said Town, together wi.th
ttie rigtit of access tlirough the property for ttie purpose of maincainin�; the
drainage imnrovements located within said easement, situated in the County
of Marin, State oi California, and mor.e particularly described as follows :
An easement 1G ieet in width lying 5 feet to each side of and
running parallel to the following described centerline , sai_d
easement ta run from boundary line to boundary line of the
following described lot.
BEGTNNING at a point distant N 62° 05 ' E 23 . 50 feet frorn the
Northwest corner of Lot 98 as shown on the Map of Belveron
Garaens Unit 3 filed August 23 , 1950 , in Book 7 of Maps at Page
13 , Marin Courity , Ca1_ifornia , Records , thence running S I3 °
30 ' L 44 . 70 ieet to a point, thence alon� a tangent curve to
the right of radius 57 feet throuqh a central angle of 45 ° 22 '
an arc dista:zce of 45 . 13 feet to a point of reverse curvature ,
thence rur�nin, along a tangent curve to the left of radius 48 . 5
feet through a c�ntral angle of 29 ° 37 ' an arc dist�,nce of
25 . 07 feet to a point, thence along a tangent to the preceeding
curve S 02° 15 ` W 25 . 18 feet to a point on the Westerly line
o� said L,ot 98 , said point beirig distant along said Westerly
line of said 1ot N 07 ° 16 ' 30" W 32 . 21 feet from the Southwest
corner thereof .
'I'l�e �;R:1�'1'0�� res�>rves tlie right to tl,e normal us� oL thi5 Easement together. with
the rigl�t to gr.ade, landscane, and �rect teniporary or portable structures as
sucl� ri�hts are compatib3e with the use of the Easement. It is understood that
under tl�e te:m5 0: ttlis Grant tltat th� Town sh�il restore, as nearly as possible,
the groui�d to its ori�inal condition, �nd shall exert reasonable care to protect
anci preserv�: shrui,s ai:d trees plant�d wiCi�in the easem nt.
October_.29 1982 _ __ ��
DATL
;
S'I'�11'I: t)1•' C�1L11'OI:N1:'1 )
) ss.
COli:�'I'1' 0?' Sail 'r'rancisco)
On �his )gth d�zy of ^ dctober �-- --' 1)8 2__, }_.eforc m�:;
the undersi�t�ed_ , a Notary Public in atzd 'ror th� Countv
oi- San Frai�cisco--_--' Sr.ate of Cal.iiui-nia, resid:in�; therc:ir� , u��]y
coiur.�i:;sione�;1 �nct ;wo~n, j�ersenaliy ,3pl�cared _Katarzyna Bruel---------' .
kilown :.,� m�� co b� �i��. }>erson whos� nam� i.s/����� sub:>�ri��ed i.�
th�� �::i4(?IIl instrum��nt and acluiowledgi�d to me that she executed the same.
z
In witi:ess whereof , I have hereunto s�.t my hand and affixed my official
seal th� d<i�• and year in this certificate first above U�rit �en.
�.o��,�_��� _
, Or�ICIAL S£r1 L
, ,���-�?��; BET7Y ANN t?EICHIER �
K y.'.1:." NOIAG:Y i U;I.iC • C^.LIFORNIA '
�:.��';d_:^''-�'o __ . ___ �
��'='"�� �`� ������ ����"�' � Notary Public in a�1d fo saici Coili�ty 6 SCate
�ty comm. ezpires N^•' ,0, i984
"ti�--..�v�- ....—r•::� �
My ,.Comn�i�s:ion e�;pirc:; Novemhpx 30;--�r}$4--
WHEN RECORDED MAIL T0: (�DC3E"�e '�, (,anJN
Town Attorney
Tow�n +.�:: Tiburon ������ 1 3
874 Fourth Street
@
San Rafael, CA 94901
y��,_
RESOLUTION NO. 2094
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON ACCEPTING GRANT OF EASEMENT FROM
BRUEL - 57 MERCURY AVENUE
BE IT RESOLVED that the Town of Tiburon hereby accepts
�he grant of easement more particularly described in Exhibit
`°� "A" attached hereto.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on April 6 , 1983, by the
following vote:
AY�S : COUNCILMEMBERS: Edelstein, Bergmann, Rockey
NOES : COUNCILMEMBERSs None
ABSENT: COUNCILMEMBERS: Spratling, Smith
s/Dennis Rockey
DENNIS ROCKEY, MAYOR
Town of Tiburon
ATTEST: '
:;�:.
s/Robert L. Kleinert
'�� R. L. KLE INERT, TO��1N ?KANAGER CLERK
Drafted : 4/1/83
C�RTIFICATION Or' TOWN �LERK
I, Robert L> Kleinert, Tc�an Cl.erk o� the Town of Tiburon, County af '
Marin, Stat� of California, do hereby cer-�ify that �he attached is a
true and exact cogy of that cer�ain RPs�lution NO. 2094
w�ich was adopted by the Council of said 'I'own at a reqular '
meetznq on in accardance wi;h the laws of the
State af Calxforn a an the Ordinances of said `:1own as t�ey pertain
to the action and �.he document of which this cer-tifica�te is a part.
ROBERT L> KLEINERT, Town Clerk
bY ` '
Deputy
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