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Home My WebLink AboutTC Res 1996-02-07 (2) I'""' ~ I r l:-' Recording Requested, When Recorded Send To: TOWN CLERK TOWN OF TIBURON 1155 TIBURON BOULEVARD TIBURON, CA 94920 RESOLUTION NO. 3142 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE CONVEYANCE OF THE TOWN PROPERTY AT MAR WEST AND TIBURON BOULEVARD TO THE LIBRARY AGENCY FOR THE CONSTRUCTION OF A NEW LIBRARY ASSESSOR PARCEL NOS. 58-171-65, 77& A PORTION OF 58-171-83 WHEREAS, the Town of Tiburon owns property at the corner of Mar West Street and Tiburon Boulevard, which property is more particularly described in Exhibit A to the Quitclaim Deed attached as Exhibit 1 to this resolution. WHEREAS, the property was acquired as a gift from the Zelinsky family on the condition that the property be used for civic purposes; and WHEREAS, in 1995, the Town expressed its intent to convey the pr.operty to ajoint powers authority to be formed for the construction of the proposed new Belvedere- Tiburon library ("Agency") for use as the site of said library; and WHEREAS, the Town ofTiburon and City of Belvedere have entered into a Joint Powers Agreement forming the Agency; and WHEREAS, the Council has determined that it is to the common benefit of Town citizens that the Agency be granted the property on the condition that it be used for the construction and operation of the new library and has further determined that said conveyance is in conformance with the Town's General Plan; Tiburon Town Council Resolution No. J J 42 February 7,1996 J I - f , r L ~ NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that the conveyance of the property to the Agency by quitclaim deed, attached hereto as Exhibit I, for construction of the proposed library is hereby approved. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on February 7, 1996, by the following vote: AYES: COUNCILMEMBERS: Hennessy, Ginalski, Thayer, Thompson, Wolf None None NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: k"(/~~/4 NICKY WOLF, YOR Town ofTiburon AITESf} DIANE CRANE, TOWN CLERK .~ Ttbllron TownCouncilRe,solutionNo. 3142 February 7, 1996 2 -... - RECORDING REQUESTED BY TOWN OF TIBURON AP Nos. 58-171-65, 77 & a portion of 58-171-83 WHEN RECORDED MAIL TO: TOWN CLERK 1155 Tiburon Boulevard Tiburon, CA 94920 MAIL TAX STATEMENTS TO: Belvedere-TibulrOn Library Agency P.O. Box 454 Tiburon, CA 94920 QUITCLAIM DEED r THE TOWN OF TIBURON, Grantor, hereby quitclaims to the Belvedere-Tiburon Library Agency, Grantee, all right, title and interest which Grantor may have in and to the real property situated in the Town of Tiburon, Marin County, California, and more particularly described in Exhibit "A" attached hereto and made a part hereof, and as further illustrated in that drawing attached hereto as Exhibit "B" and made a part hereof, said property to be used for construction, operation, and maintenance of a municipal library only, and not to be sold or leased for commercial or private use. Furthennore, in the event a municipal library is not operating on said property within five (5) years of the date of recordation of this Quitclaim Deed, or after five (5) years from the date of recordation of this Quitclaim Deed ceases to be used for the above-stated purpose, the property shall, at the sole option of Grantor, revert to Grantor. The foregoing reverter shall not apply to any interruption in library use caused by fire, earthquake or other event beyond the control of Grantee provided that Grantee acts promptly and diligently to reinstate library use and provided further that library use is reinstated within two (2) years from the date of interruption. In the event that a reversion to Grantor occurs pursuant to this deed after completion of the proposed library building, any use of said building shall be for the mutual benefit of the Town of Tiburon and the City of Belvedere. Grantor hereby reserves from said Quitclaim all right, title and interest to the property described in Exhibit "C" attached hereto, for purposes of allowing ingress, egress, and parking associated with construction and operation of a Town Hall on property owned /""" by the Grantor adjacent to that described in Exhibit ;'A". . .,,~;;' ,,-....,;, . t",...,""'.'"" , -. This property is conveyed "as-is" with no representation or warranty as to the condition thereof with respect to, without limitation, environmental, geotechnical, _ hydrological or other potentially hazardous conditions that may exist on the property. IN WITNESS WHEREOF, Grantor subscribes its name this / J r day of f}f A-fl-V1- ,1996. $t~~ 6~ NICKY WOLF, MAYOR TOWN OF TIBUlRON STATE OF CALIFORNIA ) ) ss.: COUNTY OF MARIN ) r On m~ I 51 . 1996 before me, ~C4lj:\~ S""'~"~J . personally appeared Nicky Wolf; personally known to me, or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. - - Ri~hiud Str:'r ;r- f Comm, #96457. 1'\ N4Y PUlILIC . CALIF )RNIAWI ~ _COUNTY 0 lire-. __"23.'gap Signatu e of ot~ /"" ,.'u, '~" .. y,U ',.~. ~ - r /"" < EXHIBIT "A" A portion of land of the Town of Tiburon, said portion of land being all of the lands conveyed by Edward G. Zelinsky and Barbara Z. Abrams to the Town of Tiburon, ,a Municipal Corporation, by deed recorded March 19, 1986, as described in document number 86014119 and a po,rtion of the lands conveyed by Edward G. Zelinsky and Barbara 2:. Abrams to the Town of Tiburon, a Municipal Corporation, by deed recorded February 1, 1990, as described in document number 9006759, Marin County Records, state of California, said land described as follows: Beginningr at the most northerly corner of said lands of the Town of Tiburon, document number 86014119, said corner also being a point on the southerly right of way line of Mar West street; thence along the northe.aster1y property line of said l~lnds of the Town of Tiburon, South 65047'32" East, 190.23 feet to a point common with said lands of the Town of Tiburon, document number 9006759;"thence leaving s:aid point along the northeasterly property line of said lands of the Town of Tiburon, document number 9006759 South 65047'32" East, 69.51 feet to a point; thence "leaving said northeasterly property line South 36025'08" West, 183.07 feet to a point on the southwesterly property line of the lands of the Town of Tiburon, document number 9006759, said point also being on the northeasterly right of way line of Tiburon Boulevard; thence along said property and right of way line North 55055'42" West, 68.00 ,feet to a point common with said lands Of the Town of Tiburon, document number 86014119; thence leaving said point along said property of said lands of the Town of Tiburon, document number 86014119 and right of way line North 55055'42" West, 128.67 feet; North 53039'39" West, 39.83 feet to a point; thence leaving said right of way line along the westerly and northwesterly property line of the lands of the Town of Tiburon, document number 86014119 and the southeasterly right of way line of Mar West Street North 6037'04" West, 46.31 feet to a point; thence from said point along a circular curve to the right the center of which bears South 48047'32" East, with a radius of 975.00 feet, through a central angle of 6004'34", an arc length of 10~.40 feet to the point of beginning.. Containing 41,512 square feet more or less. fR1~(c;~OW~[g ffB - 6 1996 TOWN MANAGER'S OFFICE TOWN OF TIBURON .............. I'"' , , ~~.,.":..,~ --- / .' I I I ',"' 'C'''' '~~~~,.,~; . , I~;" ...- , ~ ~ 1:Jj~~ ~~ \) ~~~ ~"i~ i~~ ~!~ ~J m .... 11",1;> ).ili~ ~ ,.. ~ ~ "i l ?: ~ ..ge ~ !nl~ ~ ~&l~!=1l" , g; jli!il ~ ~iw~ ~ ..~ ..-"'!: EXHIBIT liB" Nt'//oZ ~ -'---. /vEST P-97!S' d-6-Gljt. II ' <.5T. L./0340. "'4 . ------------- ' . (L./O.2.%) " , , , . , ~.- ~~ ~ , "'IS' ~~ ""'- It . ll> .~~ '", ..'" \II , "'~. ~~ \) , 11:'<> "'~. '':( " .!'" ~~ :s; ~);,' it~ ::::: <l ~~ Cli~ ~ 'Ie '" ' ~. ....... ~il: ~. ~~ It . It. '" ill .~"1J .~~ "" ~ ~~ & ~l::::> \>< ~;:! ~)> .536-26'08""" ,..p'" " :1:, ~I ~-; 2:- ,,\ 171./~' .... '. ~ " ;:! ~ !.ll B Ol 8> ~t.ANQ6 OF' T18(J,Ii!ON" r)~ ~ ~, ~ ~ ~ a ON 904>75' '::- ....~. '" ~ :. 18.3.o~ i.~) 0\ ~'25 <:8''''' ,.'. , z ~ :( 1lJ3.42 . .....-. \\, i '" N '11>. ~ :t ~t . t. \t:' Ii f(3 l::.':, ~ ~ j. ;;. ""'" '<) (\l ....<> zc li ),1\ ~ ~ ~ I Gl ,!t .::::.. .5..3h'/b'45'W.226.54' (N.3t,':;O'c.225'/8;/5P'I90) ~.OiiIi I"'" EXHIBIT "C" An easement for the purpose of ingress and egress, over under and above a portion of land of the Town of Tiburon, said portion of land being a portion of the lands conveyed by Edward G. Zelinsky and Barbara Z. Abrams to the Town of Tiburon, a Municipal Corporation, by deed recorded March 19, 1986, as described in document number 86014119 and a portion of the lands conveyed by Edward G. Zelinsky and Barbara Z. Abrams to the Town of Tiburon, a Municipal Corporation, by deed recorded February 1, 1990, as described in document number 9006759, Marin County Records, state of California, said land described as follows: Beginning at: the most northerly corner of said lands of the Town of Tiburon, do,cument number 86014119, said corner also being a point on the southerly right of way line of Mar West street; thence along the northeclsterly property line of said lands of the Town of Tiburon, South 65047'32" East, 148.00 feet to the True Point of Beginning; thence from the True Point of Beginning South 65047'32" East, 42.23 feet to a point common with said lands of the Town of Tiburon, document number 9006759; thence leaving said point along the northeasterly property line of said lands of the Town of Tiburon, document number 9006759 South 65047'32" East, 69.51 feet to a point; thence leaving said northeasterly property line South 36025'08" West, 183.07 feet to a point on the southwesterly property line of the lands of the Town of Tiburon, document number ~ 9006759, said point also being on the northeasterly right of way line of Tiburon Boulevard; thence along said property and right of way line North 55055'42" West, 68.00 feet to a point common with said lands (If the Town of Tiburon, document number 86014119; thence leaving said point along said property line of the lands of the Town of Tiburon, document number 86014119 and right of way line North 55055'42" West, 16.68 feet to a point; thence leaving said property and right of way line North 36025'08" East, 49.21 feet; North 24012'28" East, 116.32 feet to the True Point of Beginning. 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