HomeMy WebLinkAboutTC Res 2016-01-20 (4)RESOLUTION NO. 04-2016
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON ACCEPTING AN OFFER OF DEDICATION
FROM WILLIAM AND SUSAN LUKENS
FOR A PUBLIC PEDESTRIAN ACCESS EASEMENT
OVER AN UNDEVELOPED PORTION OF LAS LOMAS LANE
WHEREAS, William and Susan Lukens have offered to the Town of Tiburon an
easement for public pedestrian purposes over a portion of their property comprising an
undeveloped segment of Las Lomas Lane; and
WHEREAS, the grant of easement will perfect public access over a well -used
pathway and stairway connecting Centro West Street to Mar West Street and points
beyond and will constitute a fine addition to the Town's pedestrian circulation system;
and
WHEREAS, the Planning Commission and Town Council have found and
determined that the acquisition would be consistent with the Tiburon General Plan;
WHEREAS, the Town of Tiburon greatly appreciates the community spirit and
generosity of the grant of easement by Mr. and Mrs. Lukens free of charge and on a
purely voluntary basis.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon Town of Tiburon hereby accepts the offer of dedication of the easement, attached
hereto as Exhibit 1 and incorporated herein, and authorizes the Town Manager to execute
it and cause said document, along with this Resolution, to be recorded in the Official
Records of Marin County.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon on January 20, 2016 by the following vote:
AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Tollini
NAYS: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ERIN TOLLINI, MAYOR
TOWN OF TIBURON
Tiburon Town Council Resolution No.04-2016 01/20/2016 1
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Exhibits:
1. Grant of Easement
Tiburon Town Council Resolution No.04-2016 01/20/2016 2
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Town Clerk
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
No Tax Due
Exempt Transfer
Revenue & Taxation Code § 11922
SPACE ABOVE THIS LINE FOR RECORDER'S USE
[Exempt from recording fee per Gov. Code § 27383]
GRANT OF EASEMENT
THIS GRANT OF EASEMENT is made this day of , 2016,
by and between William M. Lukens and Susan F. Lukens, husband and wife ("Grantor"), and the
Town of Tiburon, a California municipal corporation ("Grantee").
RECITALS
A. Grantor is the fee owner of that certain real property located in the Town of
Tiburon, County of Marin, State of California shown on Exhibit A, attached hereto and
incorporated herein by this reference ("Grantor Property").
B. Located on the Grantor Property, there exists a stairway and pathway connecting
two public streets and further described in the legal description on Exhibit B, attached hereto
and incorporated herein by this reference ("Las Lomas Lane Stairway and Pathway").
C. Grantor has filed a quiet title action in Marin County Superior Court for the
purposes of quieting title to property including the Las Lomas Lane Stairway and Pathway with
judgment (amended) quieting title entered on March 6, 2015 and recorded on April 20, 2015.
D. Grantor desires to grant to Grantee a public access easement over the Las
Lomas Lane Stairway and Pathway ("Easement Area") for pedestrian egress and ingress to and
from public roadways, right of ways or easements adjacent thereto.
TERMS AND CONDITIONS
NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants
contained in this Grant of Easement, Grantor and Grantee agree as follows:
1. Grant of Easement. Grantor hereby grants and conveys to Grantee, its
successors and assigns, a permanent nonexclusive easement over and across the Easement
Area for the purposes of public pedestrian egress and ingress to and from public roadways,
right of ways or easements geographically adjacent thereto and which are otherwise legally
open and/or accessible to members of the general public (the "Easement").
Grant of Easement
Las Lomas Lane Stairway & Pathway Page 1
1- i:T7 TT NO.
2. Maintenance Obligation. Grantee shall be responsible for maintaining the
stairway within the Easement for public use and shall indemnify, defend and hold Grantor
harmless from any claims arising from the public's use of the Easement, except for those arising
from the negligence or willful action or omission of Grantor.
3. Duration of Easement. Grantee, its successors and assigns shall hold the
Easement forever, for the objects and purposes above stated.
4. Entire Agreement. This Grant of Easement represents the entire understanding
of Grantor and Grantee as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect.
5. Amendment. This Grant of Easement may be modified only by the written
consent of the parties, evidenced by a document that has been fully executed, acknowledged
and recorded in the Official Records of Alameda County, California.
6. Authority. Each party executing this Grant of Easement on behalf of a party
represents and warrants that such person is duly and validly authorized to do so on behalf of the
entity it purports to bind.
7. Binding Upon Successors and Assigns. This Grant of Easement shall run with
the Easement Area. All of the terms, covenants and conditions of this Grant of Easement shall
be binding upon Grantor and Grantee and their permitted successors and assigns.
8. No Waiver. A waiver by either party of a breach of any of the covenants,
agreements, restrictions or conditions under this Grant of Easement to be performed by the
other party shall not be construed as a waiver of any succeeding breach of the same or other
covenants, agreements, restrictions or conditions of this Grant of Easement.
9. Recordation. Following execution by all parties, Grantee shall record this Grant
of Easement with the Marin County Recorder's Office.
10. Interpretation. This Grant of Easement has been drafted by both parties and no
rule of construction shall be applied that would result in ambiguities being interpreted against
either party as drafter.
IN WITNESS WHEREOF, the parties have executed this Grant of Easement as of the
date first above written.
Grant of Easement
GRANTOR:
William M. Lukens
(signature must be notarized)
Las Lomas Lane Stairway & Pathway Page 2
Susan F. Lukens
(signature nuts, be notarized)
GRANTEE:
Town of Tiburon, a municipal corporation
By:
Name:
Its:
ATTEST:
Diane Crane Iacopi, Town Clerk
APPROVED AS TO FORM:
Benjamin L. Stock, Town Attorney
Attachments: Exhibits A and B
(signature must be notarized)
Grant of Easement Las Lomas Lane Stairway & Pathway Page 3
L_
Exhibit A
Legal Description of Grantor's Property
A portion of Las Lon' :Lame and Centro West Street :situated in the City of Tiburon,
County of.Marin., State of California, described as follows;
Beginning at a point on the easterly line of Las Lomas Lane, as said Lane is.shown on
that certain Record of Survey entitled, "Lot Line Adjustment, Record of Survey, Lands of
Lukens. As D.eseribed in D.N. 94-087632, 94-087633, & 94-087634," filed for retard on
August 2, 1997, in Bore 33 of Surveys at Page 97, Marin County Records, said point
bears South 08°20'00" West 63.67 feet from the intersection of the courses North
08°20'00" East 84.50 feet and North 26°11'08" East 73.61. feet as shown an said Record
of Survey;
• 1. Thence continuing along the easterly line of said lane North 08°20'04"-.E.ast 6167
feet;
2. Thence North 26°11'08" East 189,11 feet (North 26014' West 189.2 feet Deed)
to the northerly corner of the parcel of land described in the Grant Deed to
William M. 'Lukens and Susan F. Lukens, filed for record December 29, 1994, as
Document Number 94-087633, Marin County .Records and the intersection of said
Las Lomas Lane.and Centro West Street ;
3. Thence North 2691'08" East 13.85 feet;
4. Thence North 67°16'41" West 9.21 feet;
5. Thence along a curve to the left, whose center bears South. 22°43'19" West, with
.a radius of 64.00 feet through a central angle of 22°04'16" .with a length of 24.65
feet;
6. Thence North 89'20'57" West 11.88 feet;
7. Thence on a•eurve to the left whose center bears South 00°39'03" West, with a.
radius of 34,00 feet, through a central angle of 42°06'52" with a.lenath of 24.99
fleet;
8. Thence South 48'32'11" West 16.82 feet;
9. Thence on a curve to the right, whose center bears South 15'58'03" West, with a
radius•of 17.76 feet, through a central angle of 55"34'46", with a. length of 17.22
feet;
10. Thence on a compound curve to the right, whose center bears South 71 °2'49"
West, with a radius of 30.00 feet, through a central angle of 38°55'40", with a
length of 20.38 feet to the northeasterly corner of the parcel of land.described in
that. certain Grant Deed to Maria 8 Lukens and Peter A 'L kens, filed for .record
July 8, 2014, as Document Number 2014-0028174, Marin County Records and
the intersection of Las Lomas Lane and Centro West Street;
11, Thence along Las Lomas Lane South 20°28'29" West 142.57 feet (South
19°44'00" West 143.90 feet Deed)
12. Thence South 09°04'29" West (South 09°04X29" West Deed) 65.21 feet;
13. Thence leaving said Cute South 80''5.5'31 East 30.00 feet to the Point of
Beginning.
,40
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P.
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POINT OF BECINNING
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Exhibit B
Legal Description of the Los Lomas Stairway & Pathway Property
All that certain real property situate in the Town of Tiburon, County of Marin, State of
California, described as follows:
A portion of the Lands of Lukens, as described in that certain Amended Judgement of
Quiet Title, recorded April 20, 2015 as Document Number 2015-18082, Marin County
Records, also being a portion of the lands 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 the most southerly corner of said Lands of Lukens, said point being on the
easterly Iine of said Las Lomas Lane, as said Lane is shown on said Record of Survey, 33
O.S. 97, said point bears South 08°20'00" West 63.67 feet from the intersection of the
courses North 08°20'00" East 84.50 feet and North 26°11'08" East 73.61 feet as shown
on said Record of Survey;
1. Thence along the southwesterly line of said Lands of Lukens, North 80°55'31"
West 6.37 feet;
2. Thence leaving said line North 09°23'00" East 67.87 feet;
3. Thence North 27°55'00" East 23.87 feet;
4. Thence North 64°55'30" West 4.06 feet;
5. Thence North 25°04'30" East 20.15 feet;
6. Thence South 65°21'00" East 4.91 feet;
7. Thence North 26°11'08" East 88.50 feet;
8. Thence North 63°48'52" West 3.00 feet;
9. Thence North 26°11'08" East 50.09 feet;
10. Thence North 42°44'03" West 9.60 feet;
11. Thence North 56°29' 15" West 9.42 feet to a point on the northerly line of said
Lands of Lukens, said line being also the southeasterly line of Centro West
Street;
12. Thence along said line, South 89°20'57" East 4.49 feet;
13. Thence on a curve to the right whose center bears South 00°39'03" West, with a
radius of 64.00 feet, through a central angle of 00°45'29", a length of 0.85 feet;
14. Thence leaving said line South 40°44'50" East 7.51 feet;
15. Thence South 56°29'15" East 9.35 feet;
16. Thence South 42°44'03" East 12.82 feet;
17. Thence South 26°11'08" West 47.63 feet;
18. Thence South 63°48'52" East 4.00 feet to a point on the southeasterly line of said
Lands of Lukens;
19. Thence along said line South 26°11'08" West 140.25 feet;
20. Thence South 08°20'00" West 63.67 feet to the Point of Beginning.
P.I °•'3
This description was written by:
Q :ee.
Lawrence P. Doyle
P.L.S. 4694
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