HomeMy WebLinkAboutTC Res 2014-11-05 (3)RESOLUTION NO. 44-2014
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON AUTHORIZING THE EXECUTION
AND RECORDATION OF A DEED RECONVEYING THE
TOWN'S DEED OF TRUST SECURITY INTEREST IN
VAT, ".:RVA 217:\7
Findings of Fact.
A. Therese M. Hennessy ("Trustor") is the owner of that certain property located at 7
Marsh Road in Tiburon, California ("Property"). This property is more
particularly described in the draft Reconveyance, which is attached hereto as
Exhibit A and incorporated herein by reference.
B. The Trustor purchased the Property subject to a Deed of Trust dated June 29,
1987 ("Deed of Trust"), which secured a promissory note in the Town's favor in
the amount of eighty-nine thousand five hundred dollars ($89,500) ("Note"). The
Note, dated July 2, 1987, provided for full payment principal and interest on or
before July 2, 2017.
C. The Trustor has repaid the all principal and interest due under the Note and has
asked the Town to reconvey its interest under the Deed of Trust.
2. Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon
that the Town of Tiburon approves and authorizes the Town Manager to sign the Reconveyance
and any other documents necessary and appropriate to release its security interest in the Property
including, without limitation, a certificate of acceptance.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on November 5, 2014 by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ATTE T•
DIANE CRANE 1AQOPI, TO CLERK
Doyle, Fraser, Fredericks, O'Donnell, Tollini
None
None
ALICE FREDERICKS, MAYOR
Town of Tiburon
RECORDING REQUESTED BY:
Therese M. Hennessy
WHEN RECORDED MAIL TO:
NAME: Therese M. Hennessy
ADDRESS: 7 Marsh Road
CITY: Tiburon
STATE/ZIP: CA 94920
M
Space Above This Line For Recorder's Use Loan No.:
FULL RECONVEYANCE
THE TOWN OF TIBURON A
Municipal corporation, as Trustee under a Deed of Trust executed by
Therese M. Hennessy , as
Trustor(s), dated June 29 1987 and recorded on
July 7 1987 as Instrument No. 87-45532
in Book Page of Official Records, in the Office of the
County Recorder of Marin County, describing the property therein
as follows (Assessor's Parcel No. 058-440-27 ):
See Exhibit 1, which is attached hereto and incorporated herein by reference.
having received from the holder of the obligations thereunder a written request to reconvey,
reciting that all sums secured by said Deed of Trust have been fully paid, and said Deed of Trust
and the note or notes secured thereby having been surrendered to said Trustee for cancellation, does
hereby reconvey to the person or persons legally entitled thereto, without warranty, all the estate,
title and interest acquired and now held by said Trustee in said Deed of Trust.
Dated:
Ne/ .Zd ,
State of California )
Countyof M440CI AI )
On if V �/ before me, IDIAAlE C"VC 24-0?Ea Notary Public (here insert name and title of the
officer), personally appeared % A. jo V" .4 , who proved to me on the basis of
satisfactory evidence to be the person(a) whose name(s) islaresubscribed to the within instrument and acknowledged to me that
he/she/" executed the same in Whedth& authorized capacity(i"), and that by his/her/their signature(&) on the instrument
the person(e), 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
WITNESS my hand and official seal,
Signaturejw�A—e4
(Seal)
0CRM IAC PI
CpnnAM" 0 2020025
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cow. M is 31, 2011+
DESCRIPTION
All that certain real Property situate in the City of Tiburon, County of
Marin, State of California, described as follows:
PARCEL ONE
UNIT No. 27, as shown and defined on that certain Condominium Plan recorded
May 1, 1987 as Recorder's Serial No. 87-29234, Marin County Records, and as
defined and limited in the Declaration of Restrictions recorded May 1, 1987
as Recorder's Serial No, 87-29235, Marin County Records.
PARCEL TWO
AN UNDIVIDED 1/34th interest as Tenants in Common in and to the Cannon Area,
designated Lot 9, as shown upon that certain map entitled, "Point Tiburon, in
the Tuan of Tiburon, Marin County, California", filed for record February 16,
1984 in Volume 19 of Maps, at Page 4, Marin County Records, and as shown and
defined an the Condominium Plan referred to herein and as defined and limited
by the Declaration of Restrictions referred to herein.
RESERVING THEREFROM the following:
1.) Exclusive Easements for maintenance and use of roof or balcony or deck
overhangs and for use and enjoyment of areas and larking spaces which are
restricted for the. use of individual ce,dominium units in the project, as
more fully set forth in the above mentioned Declaration of Restrictions.
2,) Easements through said Unit, appurtenant to the Cam*n Area and all
other Units for support and repair of the common Area and all other units;
and
3,) Easements appurtenant to the common Area, for encroachment upon the air
space of the Unit by those portions of the Common Area located within the
Unit.
PARCEL THREE
1.) A non-exclusive easement for ingress,
egr ds to d support
ein and through
as thhed
Ccamon Area as shown upon the filed map
defined on the Condominium Plan referred to herein.
arms
sinated as #53
Exclusive
defined onsfor me, of the Condominium Plan referrfor parking,
ed to herein,