The URL can be used to link to this page

Home My WebLink AboutTC Res 40-2024Page 1 of 1 Town Council Resolution No. 40-2024 December 4, 2024 RESOLUTION NO. 40-2024 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING A GRANT DEED AND GRANT OF EASEMENT FOR PORTIONS OF THE REAL PROPERTY LOCATED AT 87 EAST VIEW AVENUE, TIBURON, CALIFORNIA AND IDENTIFIED AS MARIN COUNTY ASSESSOR PARCEL NUMBER 060-105-55 WHEREAS, on June 5, 2024, the Town Council (“Town Council”) of the Town of Tiburon (“Town”) approved a Settlement Agreement with Emily G. Morkemo, and Arne T. Morkemo as Trustees of the Emily and Arne Morkemo Family Trust dated May 17, 2023 (collectively, “Morkemo Trustees”) resolving a quiet title action concerning ambiguities in the deed to the property located at 87 East View Avenue, Tiburon, California and identified as Marin County Assessor Parcel Number 060-105-55 (the “Property”); and WHEREAS, the Settlement Agreement requires the Morkemo Trustees to grant Town a 1,294.36 square foot portion of the Property in fee and a right of way easement over a 133.57 square foot area of the Property; WHEREAS, the Morkemo Trustees executed a Grant Deed conveying 1,294.36 square foot portion of the Property to Town in fee, attached as Exhibit “A” (“Grant Deed”) and a Grant of Easement conveying the Town a right of way easement over a 133.57 square foot area of the Property, attached as Exhibit “B” (“Grant of Easement”); WHEREAS, the Town Council desires to accept the Grant Deed and the Grant of Easement on behalf of the Town of Tiburon (“Town”); and NOW, THEREFORE, BE IT RESOLVED that the Town accepts the real property conveyed by the Grant Deed and the Grant of Easement. BE IT FURTHER RESOLVED that the Town Council authorizes the Town Manager to sign the Certificate of Acceptance for the Grant Deed, attached as Exhibit “C,” and the Certificate of Acceptance for the Grant of Easement, attached as Exhibit “D.” PASSED AND ADOPTED at a regular meeting of the Town Council on December 4, 2024, by the following vote: AYES: COUNCILMEMBERS: Fredericks, Nikfar, Thier, Welner NAYS: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Ryan ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: LEA DILENA, TOWN CLERK Docusign Envelope ID: E7AA0E32-6723-4BBB-AB49-CF62D69C4325 EXHIBIT ADocusign Envelope ID: E7AA0E32-6723-4BBB-AB49-CF62D69C4325 Docusign Envelope ID: E7AA0E32-6723-4BBB-AB49-CF62D69C4325 Docusign Envelope ID: E7AA0E32-6723-4BBB-AB49-CF62D69C4325 Docusign Envelope ID: E7AA0E32-6723-4BBB-AB49-CF62D69C4325 Docusign Envelope ID: E7AA0E32-6723-4BBB-AB49-CF62D69C4325 Recording requested by and when recorded mail to: Emily G Morkemo Arne T. Morkemo 1828 Lagoon View Drive Tiburon, CA 94920 Space above this line for recorder's use APN: 060-105-55 (a portion of said parcel) The undersigned grantor(s) declare(s). Documentary transfer tax is $0.00; Exempt per R&T Code §11911. (X)Computed on full value of property conveyed, or() Computed on full value less liens(X)Marin County GRANT OF EASEMENT EMILY G. MORKEMO, and ARNET. MORKEMO as TRUSTEES of the EMILY and ARNE MORKEMO FAMILY TRUST dated MAY 17, 2023, ("Grantors"), hereby grant to the Town of Tiburon ("Grantee"), to hold as a public benefit, a right-of-way and access easement over and across the area depicted in Exhibit A ("Access Easement"). The rights of Grantee in and to this Access Easement shall automatically arise upon the date that Grantee enters into a public improvements contract, following a competitive bidding process, which contract shall allow Grantee to modify, repair, replace, alter, adjust, or otherwise enhance the. Access Easement and smTounding East View Avenue public right-of-way. The purpose of this Access Easement is to install, inspect, operate, maintain, replace, remove, and repair the East View roadway surface conditions and associated facilities to enable improved vehicular and/or pedestrian circulation. Said facilities may consist of: concrete or asphalt paving, gutters, curbs, sidewalks, retaining walls, and other necessaiy infrastructure to support multimodal transportation. The benefits and burdens of this easement shall run with the land in accordance with California Civil Code §1460 et seq. However, the benefits and burdens of the easement shall not vest until the events described above. Until that time, Grantor retains all property rights to use and enjoy the Access Easement without unreasonable interference from Grantee or any member of the public claiming broader public interest to the Access Easement area. Granters hereby waive any claims of eminent domain arising out of or related to Grantee's vesting of the above-described Access Easement rights or performance of the work authorized under the Access Easement. Specifically, Grantors acknowledge that Grantee's performance of such work 4869-0999-3911 vl - 1 - EXHIBIT B Docusign Envelope ID: E7AA0E32-6723-4BBB-AB49-CF62D69C4325 Docusign Envelope ID: E7AA0E32-6723-4BBB-AB49-CF62D69C4325 Docusign Envelope ID: E7AA0E32-6723-4BBB-AB49-CF62D69C4325 Docusign Envelope ID: E7AA0E32-6723-4BBB-AB49-CF62D69C4325 Docusign Envelope ID: E7AA0E32-6723-4BBB-AB49-CF62D69C4325 4856-0920-6526 v1 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Grant Deed dated July 15, 2024, from Emily G. Morkemo and Arne T. Morkemo, Trustees of the Emily and Arne Morkemo Family Trust dated May 17, 2023, as grantor, to the Town of Tiburon, a municipal corporation, as grantee, is hereby accepted by the Town Manager of the Town of Tiburon pursuant to authority conferred by Resolution No. __________ of the Town Council adopted on December 4, 2024, and the Town, as grantee, consents to recordation of said Grant Deed. Date: ____________________, 2024 By: ________________________________ Town Manager EXHIBIT C Docusign Envelope ID: E7AA0E32-6723-4BBB-AB49-CF62D69C4325 4856-0920-6526 v1 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 MARIN ) On ____________________, before me, ____________________________, Notary Public, personally appeared _______________________________, who 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 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. Signature: (seal) Docusign Envelope ID: E7AA0E32-6723-4BBB-AB49-CF62D69C4325 4871-0720-6655 v1 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Grant of Easement dated July 15, 2024, from Emily G. Morkemo and Arne T. Morkemo, Trustees of the Emily and Arne Morkemo Family Trust dated May 17, 2023, as grantor, to the Town of Tiburon, a municipal corporation, as grantee, is hereby accepted by the Town Manager of the Town of Tiburon pursuant to authority conferred by Resolution No. __________ of the Town Council adopted on December 4, 2024, and the Town, as grantee, consents to recordation of said Grant of Easement. Date: ____________________, 2024 By: ________________________________ Town Manager EXHIBIT D Docusign Envelope ID: E7AA0E32-6723-4BBB-AB49-CF62D69C4325 4871-0720-6655 v1 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 MARIN ) On ____________________, before me, ____________________________, Notary Public, personally appeared _______________________________, who 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 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. Signature: (seal) Docusign Envelope ID: E7AA0E32-6723-4BBB-AB49-CF62D69C4325